Benjamin Cota – Latino, age 42
Sentenced in Maricopa County, Arizona
By: a judge upon jury recommendation
Date of crime: December 30, 2003 – January 6, 2004
Prosecution’s case/defense response: Cota bludgeoned to death Victor Martinez (age 73) and decapitated Martinez’s wife Guadalupe Zavala (age 40). He had been working as a contractor on their home, and stored the bodies in the wall. Cota claimed to be innocent. The defense suggested that his decision to stay in the home for a week after the murders was proof that he did not feel a need to flee.
Sources: Arizona Republic 07/10/09 (2009 WLNR 15658539); AP Alert 08/16/09 – AZ 18:23:59.
By: a judge upon jury recommendation
Date of crime: December 30, 2003 – January 6, 2004
Prosecution’s case/defense response: Cota bludgeoned to death Victor Martinez (age 73) and decapitated Martinez’s wife Guadalupe Zavala (age 40). He had been working as a contractor on their home, and stored the bodies in the wall. Cota claimed to be innocent. The defense suggested that his decision to stay in the home for a week after the murders was proof that he did not feel a need to flee.
Sources: Arizona Republic 07/10/09 (2009 WLNR 15658539); AP Alert 08/16/09 – AZ 18:23:59.
Donald Delahanty – White, age 18
Sentenced in Maricopa County, ArizonaBy: a jury
Date of crime: May 10, 2005
Prosecution’s case/defense response: Delahanty fatally shot a police officer during a routine traffic stop. Delahanty, the passenger in the vehicle with Christopher Wilson, was believed to be the gunman. The defense team was replaced when it was discovered that Delahanty’s girlfriend was working for the defense firm and was using the un-monitored phone calls to plot with Delahanty to kill witnesses.Sources: AP Alert 11/30/07 – AZ 22:04:12; The Arizona Republic 04/07/09 (2009 WLNR 18434567); Phoenix New Times 04/23/09 (2009 WLNR 7805668); US Federal News 05/29/09 (2009 WLNR 10204061)
Date of crime: May 10, 2005
Prosecution’s case/defense response: Delahanty fatally shot a police officer during a routine traffic stop. Delahanty, the passenger in the vehicle with Christopher Wilson, was believed to be the gunman. The defense team was replaced when it was discovered that Delahanty’s girlfriend was working for the defense firm and was using the un-monitored phone calls to plot with Delahanty to kill witnesses.Sources: AP Alert 11/30/07 – AZ 22:04:12; The Arizona Republic 04/07/09 (2009 WLNR 18434567); Phoenix New Times 04/23/09 (2009 WLNR 7805668); US Federal News 05/29/09 (2009 WLNR 10204061)
Mike Peter Gallardo – Latino, age 48
Sentenced in Maricopa County, Arizona
By: a jury
Date of crime: December 9, 2005
Prosecution’s case/defense response: Gallardo shot Rudy Padilla (age 20) to death during a burglary of Padilla’s parents’ home. Gallardo called the Padilla home on his cell phone to see if anyone was home, Rudy Padilla was home on a day off from college and did not pick up the phone. Gallardo broke a window leaving a trace of blood, and upon finding Padilla bound him, blindfolded him, and then shot him in the back of the head.
Sources: The Arizona Republic 07/01/09 (2009 WLNR 15685852)
By: a jury
Date of crime: December 9, 2005
Prosecution’s case/defense response: Gallardo shot Rudy Padilla (age 20) to death during a burglary of Padilla’s parents’ home. Gallardo called the Padilla home on his cell phone to see if anyone was home, Rudy Padilla was home on a day off from college and did not pick up the phone. Gallardo broke a window leaving a trace of blood, and upon finding Padilla bound him, blindfolded him, and then shot him in the back of the head.
Sources: The Arizona Republic 07/01/09 (2009 WLNR 15685852)
Shawn Grell – White, age 24 (re-sentence after Ring v. Arizona)
Sentenced in Maricopa County, Arizona
By: a judge upon jury recommendation
Date of crime: December 2, 1999
Prosecution’s case/defense response: Grell was previously sentenced by a judge, but a change in law required that he be sentenced by a jury. Grell burned to death his daughter, Kristen Salem (age 2). Evidence at the scene showed she had ran in circles while aflame. The defense argued that Grell suffered from a cognitive disorder that prevented him from being able to control his impulses. The defense also argued that Grell was mentally retarded.
Sources: Tribune (AZ) 04/17/09 (2009 WLNR 7209264), 07/22/09 (2009 WLNR 13976892); Arizona Republic 07/28/09 (2009 WLNR 15650499).
By: a judge upon jury recommendation
Date of crime: December 2, 1999
Prosecution’s case/defense response: Grell was previously sentenced by a judge, but a change in law required that he be sentenced by a jury. Grell burned to death his daughter, Kristen Salem (age 2). Evidence at the scene showed she had ran in circles while aflame. The defense argued that Grell suffered from a cognitive disorder that prevented him from being able to control his impulses. The defense also argued that Grell was mentally retarded.
Sources: Tribune (AZ) 04/17/09 (2009 WLNR 7209264), 07/22/09 (2009 WLNR 13976892); Arizona Republic 07/28/09 (2009 WLNR 15650499).
Rodney Hardy – White, age 42
Sentenced in Maricopa County, Arizona
By: a judge upon jury recommendation
Date of crime: August 28, 2005
Prosecution’s case/defense response: Hardy shot to death his common-law wife, Tiffany Lien (age 21), and her friend, Don Stanciel (age 32). Hardy found them together and murdered them in a jealous rage. The defense presented evidence of Hardy’s childhood which included evidence of abuse at the hands of his heroin-addicted mother.
Sources: Arizona Republic 08/21/09 (2009 WLNR 16331172), AP Alert 08/21/09 – AZ 13:31:06.
By: a judge upon jury recommendation
Date of crime: August 28, 2005
Prosecution’s case/defense response: Hardy shot to death his common-law wife, Tiffany Lien (age 21), and her friend, Don Stanciel (age 32). Hardy found them together and murdered them in a jealous rage. The defense presented evidence of Hardy’s childhood which included evidence of abuse at the hands of his heroin-addicted mother.
Sources: Arizona Republic 08/21/09 (2009 WLNR 16331172), AP Alert 08/21/09 – AZ 13:31:06.
Dale Hausner – White, age 30
Sentenced in Maricopa County, Arizona
By: a jury
Date of crime: June 29, 2005; November 11, 2005; December 29, 2005; May 2, 2006; July 30, 2006
Prosecution’s case/defense response: Hausner was given six death sentences for a series of shootings. Hausner shot David Estrada (age 20) in the chest from point-blank range on June 29, 2005. He then shot Nathaniel Shoffner with a shotgun when Shoffner stopped Hausner from killing a stray dog on November 11, 2005. Hausner shot Jose Ortis and Marco Carillo within minutes of each other on December 29, 2005. Hausner dared his co-defendant Samuel Dieteman to shoot Claudia Gutierrez Cruz (age 20) from a car as Hausner drove on May 2, 2006. Hausner shot Robin Blasnek (age 22) as she walked past her parents’ house on July 30, 2006. Hausner ordered his attorneys not to argue any mitigating evidence about his childhood to spare his life. He told the jury that the best way for the families of his victims to heal would be for him to receive the death penalty.
Sources: The Arizona Republic 01/07/09 (2009 WLNR 18435830), 03/27/09 (2009 WLNR 18441268), 03/28/09 (2009 WLNR 18460836); AP Alert 03/27/09 – AZ 22:13:39, 03/28/09 – AZ 08:17:55, 07/30/09 – AZ 01:25:35
By: a jury
Date of crime: June 29, 2005; November 11, 2005; December 29, 2005; May 2, 2006; July 30, 2006
Prosecution’s case/defense response: Hausner was given six death sentences for a series of shootings. Hausner shot David Estrada (age 20) in the chest from point-blank range on June 29, 2005. He then shot Nathaniel Shoffner with a shotgun when Shoffner stopped Hausner from killing a stray dog on November 11, 2005. Hausner shot Jose Ortis and Marco Carillo within minutes of each other on December 29, 2005. Hausner dared his co-defendant Samuel Dieteman to shoot Claudia Gutierrez Cruz (age 20) from a car as Hausner drove on May 2, 2006. Hausner shot Robin Blasnek (age 22) as she walked past her parents’ house on July 30, 2006. Hausner ordered his attorneys not to argue any mitigating evidence about his childhood to spare his life. He told the jury that the best way for the families of his victims to heal would be for him to receive the death penalty.
Sources: The Arizona Republic 01/07/09 (2009 WLNR 18435830), 03/27/09 (2009 WLNR 18441268), 03/28/09 (2009 WLNR 18460836); AP Alert 03/27/09 – AZ 22:13:39, 03/28/09 – AZ 08:17:55, 07/30/09 – AZ 01:25:35
Scott Lehr – White, age 32 (re-sentence after Ring v. Arizona)
Sentenced in Maricopa County, Arizona
By: a judge upon jury recommendation
Date of crime: November 8, 1991 (Margaret Christorf); February 7, 1992 (Michelle Morales)
Prosecution’s case/defense response: Lehr was previously sentenced by a judge, but a change in law requires that he be sentenced by a jury. Lehr, nicknamed the “Baby Seat Rapist” because his surviving victims mentioned that he had a baby seat in the back of his car, choked and beat to death Margaret Christorf (mid-30s) and Michelle Morales (age 19). Ms. Christorf and Ms. Morales are two of ten victims that Lehr was tried on. Seven of the listed victims survived the attack. The case was retried because the trial court refused to allow certain cross examination of the DNA experts and refused to allow the defense to provide evidence related to the D NA testing techniques.
Sources: AP Alert 04/17/09 – AZ 08:07:41, 04/17/09 – AZ 14:43:35; azcentral.com (http://www.azcentral.com/specials/special32/articles/0616lehr-ON.html?&wired); State v. Lehr 38 P.3d 1172 (Ariz., 2002).
By: a judge upon jury recommendation
Date of crime: November 8, 1991 (Margaret Christorf); February 7, 1992 (Michelle Morales)
Prosecution’s case/defense response: Lehr was previously sentenced by a judge, but a change in law requires that he be sentenced by a jury. Lehr, nicknamed the “Baby Seat Rapist” because his surviving victims mentioned that he had a baby seat in the back of his car, choked and beat to death Margaret Christorf (mid-30s) and Michelle Morales (age 19). Ms. Christorf and Ms. Morales are two of ten victims that Lehr was tried on. Seven of the listed victims survived the attack. The case was retried because the trial court refused to allow certain cross examination of the DNA experts and refused to allow the defense to provide evidence related to the D NA testing techniques.
Sources: AP Alert 04/17/09 – AZ 08:07:41, 04/17/09 – AZ 14:43:35; azcentral.com (http://www.azcentral.com/specials/special32/articles/0616lehr-ON.html?&wired); State v. Lehr 38 P.3d 1172 (Ariz., 2002).
Jahmari Manuel – Black, age 33
Sentenced in Maricopa County, Arizona
By: a judge upon jury recommendation
Date of crime: March 31, 2004
Prosecution’s case/defense response: Manuel shot to death Darrell Willeford during a robbery. The surveillance footage of the robbery shows Manuel firing as he entered the shop.
Sources: AP Alert 09/24/09 – AZ 23:58:26, 09/25/09 – AZ 14:30:51.
By: a judge upon jury recommendation
Date of crime: March 31, 2004
Prosecution’s case/defense response: Manuel shot to death Darrell Willeford during a robbery. The surveillance footage of the robbery shows Manuel firing as he entered the shop.
Sources: AP Alert 09/24/09 – AZ 23:58:26, 09/25/09 – AZ 14:30:51.
Brad Nelson – White, age 36
Sentenced in Mohave County, Arizona
By: a judge upon jury recommendation
Date of crime: June 2006
Prosecution’s case/defense response: Nelson bludgeoned to death his niece, Amber Leann Graff (age 14) after sexually assaulting her. Police were able to find a tee-shirt of Nelson’s with Graff’s blood on it, and police found blood on a sleeping bag that Nelson had returned to a department store. Nelson refused to submit to a mental health evaluation prior to the trial.
Sources: AP Alert 11/16/06 – AZ 03:30:15; Pro Death Penalty Resource Community 12/02/2009 (http://off2dr.com/smf/index.php?topic=7722.0).
By: a judge upon jury recommendation
Date of crime: June 2006
Prosecution’s case/defense response: Nelson bludgeoned to death his niece, Amber Leann Graff (age 14) after sexually assaulting her. Police were able to find a tee-shirt of Nelson’s with Graff’s blood on it, and police found blood on a sleeping bag that Nelson had returned to a department store. Nelson refused to submit to a mental health evaluation prior to the trial.
Sources: AP Alert 11/16/06 – AZ 03:30:15; Pro Death Penalty Resource Community 12/02/2009 (http://off2dr.com/smf/index.php?topic=7722.0).
Scott Nordstrom – White, age 28 (re-sentence after Ring v. Arizona)
Sentenced in Pima County, Arizona
By: a judge upon jury recommendation
Date of crime: 1996
Prosecution’s case/defense response: Nordstrom was previously sentenced by a judge, but a change in law required that he be sentenced by a jury. Nordstrom shot to death Thomas Hardman (age 28), and Carol Lynn Noel (age 50), during two separate robberies. Nordstrom was present at four other murders in the string of robberies that resulted in these charges. Nordstrom declined an offer to speak at his sentencing. The defense claimed that Nordstrom was not the gunman for any of the murders, and that his brother is to blame.
Sources: Arizona Daily Star 08/28/09 (2009 WLNR 16881501), 09/29/09 (2009 WLNR 19454267).
By: a judge upon jury recommendation
Date of crime: 1996
Prosecution’s case/defense response: Nordstrom was previously sentenced by a judge, but a change in law required that he be sentenced by a jury. Nordstrom shot to death Thomas Hardman (age 28), and Carol Lynn Noel (age 50), during two separate robberies. Nordstrom was present at four other murders in the string of robberies that resulted in these charges. Nordstrom declined an offer to speak at his sentencing. The defense claimed that Nordstrom was not the gunman for any of the murders, and that his brother is to blame.
Sources: Arizona Daily Star 08/28/09 (2009 WLNR 16881501), 09/29/09 (2009 WLNR 19454267).
Isiah Patterson – Black, age 64
Sentenced in Maricopa County, Arizona
By: a judge upon jury recommendation
Date of crime: March 2006
Prosecution’s case/defense response: Patterson stabbed to death his girlfriend, Consquelo Barker (age 32). Witnesses saw Patterson chasing Barker down the street. Police were called to the scene of a fight, but when they arrived Barker had already been stabbed ten times.
Sources: AP Alert 12/05/09 – AZ 00:10:22, 12/05/09 – AZ 08:30:21.
By: a judge upon jury recommendation
Date of crime: March 2006
Prosecution’s case/defense response: Patterson stabbed to death his girlfriend, Consquelo Barker (age 32). Witnesses saw Patterson chasing Barker down the street. Police were called to the scene of a fight, but when they arrived Barker had already been stabbed ten times.
Sources: AP Alert 12/05/09 – AZ 00:10:22, 12/05/09 – AZ 08:30:21.
Christopher Payne – White, age 27
Sentenced in Pima County, Arizona
By: a jury
Date of crime: sometime between March 9, 2006 and September 1, 2006
Prosecution’s case/defense response: Payne locked his children Ariana (age 3) and Tyler (age 4) in a closet until they starved to death. Only one set of remains were recovered when a storage facility manager found Ariana’s body in a large plastic tub inside a storage unit. Defense argued that Payne had antisocial personality disorder and drug addiction problems following a rough childhood.
Sources: Arizona Daily Star 02/28/09 (2009 WLNR 3954221), 03/25/09 (2009 WLNR 5859899), 03/26/09 (2009 WLNR 5859986), 03/31/09 (2009 WLNR 6275506), 05/01/09 (2009 WLNR 8795124)
By: a jury
Date of crime: sometime between March 9, 2006 and September 1, 2006
Prosecution’s case/defense response: Payne locked his children Ariana (age 3) and Tyler (age 4) in a closet until they starved to death. Only one set of remains were recovered when a storage facility manager found Ariana’s body in a large plastic tub inside a storage unit. Defense argued that Payne had antisocial personality disorder and drug addiction problems following a rough childhood.
Sources: Arizona Daily Star 02/28/09 (2009 WLNR 3954221), 03/25/09 (2009 WLNR 5859899), 03/26/09 (2009 WLNR 5859986), 03/31/09 (2009 WLNR 6275506), 05/01/09 (2009 WLNR 8795124)
Wayne Prince – White, age 28 (re-sentence)
Sentenced in Maricopa County, Arizona
By: resentencing by a jury
Date of crime: March 1998
Prosecution’s case/defense response: (re-sentencing) Prince fatally shot his stepdaughter Cassie Parker (age 13). The original jury was unable to decide if they would impose the death penalty, so the judge sentenced Prince to death without jury recommendation. The U.S. Supreme Court ordered that juries must determine if there are sufficient reasons to impose the death penalty.
Sources: The Arizona Republic 01/16/09 (2009 WLNR 18447226)
By: resentencing by a jury
Date of crime: March 1998
Prosecution’s case/defense response: (re-sentencing) Prince fatally shot his stepdaughter Cassie Parker (age 13). The original jury was unable to decide if they would impose the death penalty, so the judge sentenced Prince to death without jury recommendation. The U.S. Supreme Court ordered that juries must determine if there are sufficient reasons to impose the death penalty.
Sources: The Arizona Republic 01/16/09 (2009 WLNR 18447226)
Pete Van Winkle – White, age 26
Sentenced in Maricopa County, Arizona
By: a judge upon jury recommendation
Date of crime: May 2008
Prosecution’s case/defense response: Van Winkle beat and choked to death Robert Cotton (age 28). Cotton and Van Winkle were both inmates at the Fourth Avenue Jail. The murder was picked up by a surveillance camera and a jailer watched as Van Winkle tried to throw Cotton’s body over a railing. The prosecution argued that Van Winkle, a member of the Aryan Brotherhood prison gang, was trying to take out an informant. The defense argued that the killing was in self-defense.
Sources: The Arizona Republic 11/13/09 (2009 WLNR 22908562), 11/18/09 (2009 WLNR 23524443).
By: a judge upon jury recommendation
Date of crime: May 2008
Prosecution’s case/defense response: Van Winkle beat and choked to death Robert Cotton (age 28). Cotton and Van Winkle were both inmates at the Fourth Avenue Jail. The murder was picked up by a surveillance camera and a jailer watched as Van Winkle tried to throw Cotton’s body over a railing. The prosecution argued that Van Winkle, a member of the Aryan Brotherhood prison gang, was trying to take out an informant. The defense argued that the killing was in self-defense.
Sources: The Arizona Republic 11/13/09 (2009 WLNR 22908562), 11/18/09 (2009 WLNR 23524443).
James Wallace – White, age 34 (re-sentence)
Sentenced in Pima County, Arizona
By: a judge upon jury recommendation
Date of crime: February 1, 1984
Prosecution’s case/defense response: Wallace beat to death Susan Insalaco (age 36), and Susan’s children: Anna Monzon (age 16), and Gabriel Monzon (age 12). Wallace was living with Insalaco at the time, but Insalaco told him to move out. On the day he was to leave he waited for each member of the family to come home and beat them to death. Anna Monzon was the first to come home, Wallace beat her with a small wooden bat until the bat broke. Gabriel Monzon came home next, Wallace beat her to death with an 18-inch pipe wrench. Wallace used the same wrench on Insalaco. Wallace pleaded guilty the next morning. The defense argued that the abuse suffered during Wallace’s childhood, as well as his substance abuse, were mitigating factors. The Arizona Supreme Court overturned Wallace’s last conviction because the prosecutors on the case should not have argued Wallace acted with “gratuitous violence” because he used a bat and wrench instead of a gun.
Sources: Arizona Daily Star 11/04/09 (2009 WLNR 22235699), 11/10/09 (2009 WLNR 23045950), 11/22/09 (2009 WLNR 24891385).
By: a judge upon jury recommendation
Date of crime: February 1, 1984
Prosecution’s case/defense response: Wallace beat to death Susan Insalaco (age 36), and Susan’s children: Anna Monzon (age 16), and Gabriel Monzon (age 12). Wallace was living with Insalaco at the time, but Insalaco told him to move out. On the day he was to leave he waited for each member of the family to come home and beat them to death. Anna Monzon was the first to come home, Wallace beat her with a small wooden bat until the bat broke. Gabriel Monzon came home next, Wallace beat her to death with an 18-inch pipe wrench. Wallace used the same wrench on Insalaco. Wallace pleaded guilty the next morning. The defense argued that the abuse suffered during Wallace’s childhood, as well as his substance abuse, were mitigating factors. The Arizona Supreme Court overturned Wallace’s last conviction because the prosecutors on the case should not have argued Wallace acted with “gratuitous violence” because he used a bat and wrench instead of a gun.
Sources: Arizona Daily Star 11/04/09 (2009 WLNR 22235699), 11/10/09 (2009 WLNR 23045950), 11/22/09 (2009 WLNR 24891385).