Benito Ocampo Albarran – Latino, age 31
Sentenced in Madison County, Alabama
By: a judge upon jury recommendation
Date of crime: August 29, 2005
Prosecution’s case/defense response: Albarran fatally shot Huntsville police officer Daniel Golden (age 27). Several witnesses testified that they saw the gun battle between Golden and Albarran. Golden’s gun jammed and he fell. Then, Albarran stood over the wounded officer and shot him twice in the face. Prosecutors argued that Golden was wounded, scooting backward on the ground on the seat of his pants, begging for his life when Albarran fatally shot him. The prosecution offered the following aggravating factors: Albarran killed Golden while trying to avoid or prevent a lawful arrest for third degree domestic violence; Golden’s murder was especially heinous, atrocious or cruel compared to other capital murders. The defense presented the following mitigating factors: Albarran had no significant history of prior criminal activity; the capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance; the capacity of Albarran to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was substantially impaired. The defense also urged the jury to consider Albarran’s background of poverty and abuse.
Prosecutor(s): Robert Broussard, Jay Town
Defense lawyer(s): Bruce Gardner, Richard Jaffe, Derek Drennen
Sources: Huntsville Time 6/26/08 (2008 WLNR 14143863), 6/27/08 (2008 WLNR 14320048), 9/4/08 (2008 WLNR 18862055), 11/13/08 (2008 WLNR 23651818); AP Alert 9/4/08 – AL 09:10:46
By: a judge upon jury recommendation
Date of crime: August 29, 2005
Prosecution’s case/defense response: Albarran fatally shot Huntsville police officer Daniel Golden (age 27). Several witnesses testified that they saw the gun battle between Golden and Albarran. Golden’s gun jammed and he fell. Then, Albarran stood over the wounded officer and shot him twice in the face. Prosecutors argued that Golden was wounded, scooting backward on the ground on the seat of his pants, begging for his life when Albarran fatally shot him. The prosecution offered the following aggravating factors: Albarran killed Golden while trying to avoid or prevent a lawful arrest for third degree domestic violence; Golden’s murder was especially heinous, atrocious or cruel compared to other capital murders. The defense presented the following mitigating factors: Albarran had no significant history of prior criminal activity; the capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance; the capacity of Albarran to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was substantially impaired. The defense also urged the jury to consider Albarran’s background of poverty and abuse.
Prosecutor(s): Robert Broussard, Jay Town
Defense lawyer(s): Bruce Gardner, Richard Jaffe, Derek Drennen
Sources: Huntsville Time 6/26/08 (2008 WLNR 14143863), 6/27/08 (2008 WLNR 14320048), 9/4/08 (2008 WLNR 18862055), 11/13/08 (2008 WLNR 23651818); AP Alert 9/4/08 – AL 09:10:46
Wakilii Brown – black, age 25
Sentenced in Talladega County, Alabama
By: a judge upon jury recommendation
Date of crime: March 9 or 10, 2001
Prosecution’s case/defense response: Brown beat to death his girlfriend, Charae Jemison (age 26) and her mother Dotty Jemison (age 49). The women were struck multiple times in the head with what appeared to be a hammer. The weapon was never recovered. Brown took Charae Jemison’s vehicle sometime after the killing and cashed two $200 checks on the victims’ bank accounts. He then packed up all three of his girlfriend’s children, including the two that he fathered, and drove them to Cleveland, Ohio. Following a 25-hour standoff with police at an apartment building, Brown was extradited to Alabama. Brown was found guilty of three counts of capital murder.
Prosecutor(s): Steve Giddiness
Defense lawyer(s): Jeb Fannin, Bill Willingham
Sources: AP Alert 2/29/08 – AL 19:25:10; AP Alert 5/6/08 – AL 21:29:56; AP Alert 5/6/08 – AL 17:46:34; www.dailyhome.com/news/2008/dh-talladegacounty-0506-bfincher-8e05v2013.htm
By: a judge upon jury recommendation
Date of crime: March 9 or 10, 2001
Prosecution’s case/defense response: Brown beat to death his girlfriend, Charae Jemison (age 26) and her mother Dotty Jemison (age 49). The women were struck multiple times in the head with what appeared to be a hammer. The weapon was never recovered. Brown took Charae Jemison’s vehicle sometime after the killing and cashed two $200 checks on the victims’ bank accounts. He then packed up all three of his girlfriend’s children, including the two that he fathered, and drove them to Cleveland, Ohio. Following a 25-hour standoff with police at an apartment building, Brown was extradited to Alabama. Brown was found guilty of three counts of capital murder.
Prosecutor(s): Steve Giddiness
Defense lawyer(s): Jeb Fannin, Bill Willingham
Sources: AP Alert 2/29/08 – AL 19:25:10; AP Alert 5/6/08 – AL 21:29:56; AP Alert 5/6/08 – AL 17:46:34; www.dailyhome.com/news/2008/dh-talladegacounty-0506-bfincher-8e05v2013.htm
Garrett Dotch – black, age 24
Sentenced in Mobile County, Alabama
By: a judge upon jury recommendation
Date of crime: July 10, 2006
Prosecution’s case/defense response: Dotch fatally shot Timarla Taldon (age 24), his ex-girlfriend, four times as she sat in her car after getting off work. The day before the murder, Dotch called Taldon 51 times and had warned her that he would kill her. The defense argued that on the day Dotch shot Taldon he was suffering from mental defect and was not aware of the consequences of his actions.
Prosecutor(s): Ashley Rich, Jennifer Wright
Defense lawyer(s): Greg Hughes, Lee Hale, Jr.
Sources: Press-Register 5/10/08 (2008 WLNR 9432714), 5/14/08 (2008 WLNR 9433445), 7/24/08 (2008 WLNR 17102285); www.youtube.com/watch?v=nuSt8P6bjmk; www.nbc15online.com/news/custom/special%20reports/story/EXCLUSIVE-Judge-Yet-To-Sentence-Subway-Killer/IjB8pArF-kK3wbBLODUjFg.cspx
By: a judge upon jury recommendation
Date of crime: July 10, 2006
Prosecution’s case/defense response: Dotch fatally shot Timarla Taldon (age 24), his ex-girlfriend, four times as she sat in her car after getting off work. The day before the murder, Dotch called Taldon 51 times and had warned her that he would kill her. The defense argued that on the day Dotch shot Taldon he was suffering from mental defect and was not aware of the consequences of his actions.
Prosecutor(s): Ashley Rich, Jennifer Wright
Defense lawyer(s): Greg Hughes, Lee Hale, Jr.
Sources: Press-Register 5/10/08 (2008 WLNR 9432714), 5/14/08 (2008 WLNR 9433445), 7/24/08 (2008 WLNR 17102285); www.youtube.com/watch?v=nuSt8P6bjmk; www.nbc15online.com/news/custom/special%20reports/story/EXCLUSIVE-Judge-Yet-To-Sentence-Subway-Killer/IjB8pArF-kK3wbBLODUjFg.cspx
Demetrius Avery Jackson, Jr. – black, age 21
Sentenced in Jefferson County, Alabama
By: a judge against jury recommendation
Date of crime: October 23, 2006
Prosecution’s case/defense response: Jackson fatally shot Fairfield police officer Mary Smith (age 48) and wounded Erick Burpo. The prosecution offered two aggravating circumstances: Jackson faced going to prison on a probation violation and he killed a police officer in the line of duty. Jackson was sentenced to death for Smith’s murder.
Prosecutor(s): Ted Mills, David Michaels
Defense lawyer(s): Billy Jewell
Sources: Birmingham News 1/28/08 (2008 WLNR 1678770); AP Alert 3/26/08 – AL 22:05:07; blog.al.com/spotnews/2008/03/demetrius_jackson_jr_gets_deat.html; starpolice.blogspot.com/2008_01_20_archive.html; www.foxnews.com/story/0,2933,224699,00.html; blog.al.com/spotnews/2008/01/jurors_recommend_life_without.html
By: a judge against jury recommendation
Date of crime: October 23, 2006
Prosecution’s case/defense response: Jackson fatally shot Fairfield police officer Mary Smith (age 48) and wounded Erick Burpo. The prosecution offered two aggravating circumstances: Jackson faced going to prison on a probation violation and he killed a police officer in the line of duty. Jackson was sentenced to death for Smith’s murder.
Prosecutor(s): Ted Mills, David Michaels
Defense lawyer(s): Billy Jewell
Sources: Birmingham News 1/28/08 (2008 WLNR 1678770); AP Alert 3/26/08 – AL 22:05:07; blog.al.com/spotnews/2008/03/demetrius_jackson_jr_gets_deat.html; starpolice.blogspot.com/2008_01_20_archive.html; www.foxnews.com/story/0,2933,224699,00.html; blog.al.com/spotnews/2008/01/jurors_recommend_life_without.html
Andrew Reid Lackey – white, age 21
Sentenced in Limestone County, Alabama
By: a judge upon jury recommendation
Date of crime: October 31, 2005
Prosecution’s case/defense response: Lackey murdered Charles Newman (age 80) during an attempted robbery at Newman’s home. Lackey admitted to shooting, stabbing (over 70 times) and gouging out Newman’s eye. The defense argued that Lackey was acting out a video game. The jury found Lackey guilty of two counts of capital murder.
Prosecutor(s): Kristi Valls
Defense lawyer(s): Randy Gladden
Sources: AP Alert 3/26/08 – AL 23:28:00; Decatur Daily 3/27/08 (2008 WLNR 5813259); Birmingham News 3/27/08 (2008 WLNR 5924287); www.joystiq.com/2008/02/28/admitted-murderers-lawyer-brings-up-video-games-in-defense/; www.enewscourier.com/local/local_story_060223303.html; www.waff.com/Global/story.asp?S=7956510; www.waff.com/Global/story.asp?S=7935943
By: a judge upon jury recommendation
Date of crime: October 31, 2005
Prosecution’s case/defense response: Lackey murdered Charles Newman (age 80) during an attempted robbery at Newman’s home. Lackey admitted to shooting, stabbing (over 70 times) and gouging out Newman’s eye. The defense argued that Lackey was acting out a video game. The jury found Lackey guilty of two counts of capital murder.
Prosecutor(s): Kristi Valls
Defense lawyer(s): Randy Gladden
Sources: AP Alert 3/26/08 – AL 23:28:00; Decatur Daily 3/27/08 (2008 WLNR 5813259); Birmingham News 3/27/08 (2008 WLNR 5924287); www.joystiq.com/2008/02/28/admitted-murderers-lawyer-brings-up-video-games-in-defense/; www.enewscourier.com/local/local_story_060223303.html; www.waff.com/Global/story.asp?S=7956510; www.waff.com/Global/story.asp?S=7935943
Kenneth Adam McKinnis – black, age 20
Sentenced in Houston County, Alabama
By: a judge upon jury recommendation
Date of crime: August 19, 2006
Prosecution’s case/defense response: McKinnis fatally shot Byron L. Belser (age 21) during an attempted robbery of a nightclub. The prosecution presented three aggravating circumstances one of which was that McKinnis was on parole for a previous felony conviction of receiving stolen property.
Prosecutor(s): Doug Valeska
Defense attorney(s): David Hogg
Sources: AP Alert 12/17/08 – AL 11:58:57; www.dothaneagle.com/dea/news/crime_courts/article/nightclub_
owner_ids_mckinnis_as_shooter_in_capital_murder_trial/40037/; www.dothaneagle.com/dea/news/crime_courts/article/jury_finds_
kenneth_mckinnis_guilty_of_capital_murder/40298/
By: a judge upon jury recommendation
Date of crime: August 19, 2006
Prosecution’s case/defense response: McKinnis fatally shot Byron L. Belser (age 21) during an attempted robbery of a nightclub. The prosecution presented three aggravating circumstances one of which was that McKinnis was on parole for a previous felony conviction of receiving stolen property.
Prosecutor(s): Doug Valeska
Defense attorney(s): David Hogg
Sources: AP Alert 12/17/08 – AL 11:58:57; www.dothaneagle.com/dea/news/crime_courts/article/nightclub_
owner_ids_mckinnis_as_shooter_in_capital_murder_trial/40037/; www.dothaneagle.com/dea/news/crime_courts/article/jury_finds_
kenneth_mckinnis_guilty_of_capital_murder/40298/
Alfonso Morris – black, age 36 (re-sentence after appellate reversal)
Sentenced in Jefferson County, Alabama
By: a judge upon jury recommendation
Date of crime: February 25, 1997
Prosecution’s case/defense response: Morris bludgeoned Miriam Rochester (age 85) to death. Morris was linked to the crime by DNA evidence. He was found with some of the victim’s jewelry when he was arrested, about four hours after the murder. Morris was convicted and sentenced in 2003, but an appeals court overturned the case. He was resentenced to death in this new penalty trial.
Prosecutor(s):
Defense lawyer(s):
Sources: blog.al.com/spotnews/2008/05/jury_recommends_death_for_man.html
By: a judge upon jury recommendation
Date of crime: February 25, 1997
Prosecution’s case/defense response: Morris bludgeoned Miriam Rochester (age 85) to death. Morris was linked to the crime by DNA evidence. He was found with some of the victim’s jewelry when he was arrested, about four hours after the murder. Morris was convicted and sentenced in 2003, but an appeals court overturned the case. He was resentenced to death in this new penalty trial.
Prosecutor(s):
Defense lawyer(s):
Sources: blog.al.com/spotnews/2008/05/jury_recommends_death_for_man.html
Montez Spradley – black, age 21
Sentenced in Jefferson County, Alabama
By: a judge against jury recommendation
Date of crime: January 9, 2004
Prosecution’s case/defense response: Spradley stalked, murdered and robbed Marlene Jason (age 58) after a struggle in front of her home. Spradley followed Jackson home from a shopping trip, attacked her and then shot her in the face.
Prosecutor(s): Mike Anderton
Defense lawyer(s): Robert Sandford, Matt Theus
Sources: Birmingham News 4/22/08 (2008 WLNR 7548380); AP Alert 3/1/08 – AL 20:39:32; AP Alert 4/22/08 – AL 11:29:26; blog.al.com/spotnews/2008/04/montez_spradley_gets_death_sen.html; www.abc3340.com/news/stories/0308/500497.html
By: a judge against jury recommendation
Date of crime: January 9, 2004
Prosecution’s case/defense response: Spradley stalked, murdered and robbed Marlene Jason (age 58) after a struggle in front of her home. Spradley followed Jackson home from a shopping trip, attacked her and then shot her in the face.
Prosecutor(s): Mike Anderton
Defense lawyer(s): Robert Sandford, Matt Theus
Sources: Birmingham News 4/22/08 (2008 WLNR 7548380); AP Alert 3/1/08 – AL 20:39:32; AP Alert 4/22/08 – AL 11:29:26; blog.al.com/spotnews/2008/04/montez_spradley_gets_death_sen.html; www.abc3340.com/news/stories/0308/500497.html