(Thanks to historian Courtney Thomas for the guest post. -ed.)
The crimes of Mervyn Touchet (executed on May 14, 1631), second Earl of Castlehaven, caused a sensation in Stuart England.
Convicted of rape and sodomy by a jury of his aristocratic peers, his crimes were alleged to have taken place under his roof and against members of his own family. While all of the witnesses against Touchet stood to gain materially from his death and various household servants did present evidence which contradicted that of his wife and son (who testified against him), he, as household head, was clearly unable to maintain proper order and obedience within his own house and this was instrumental in ensuring his conviction.
In this sense, although his alleged crimes were themselves horrific, it was Castlehaven’s subversion of expected social roles and modes of conduct in the context of his disordered household which truly shocked contemporaries (as Cynthia B. Herrup has skillfully argued in her study of the Castlehaven case, A House in Gross Disorder: Sex, Law, and the 2nd Earl of Castlehaven).
Mervyn was born in 1593, the eldest son of Lucy Mervyn and George Touchet; the latter was Baron Audley in the English peerage and, from 1616 until his death a year later, first earl of Castlehaven in the Irish peerage. Details of the future Earl’s childhood are scant.
From the time he was seven, in 1600, his family appears to have lived largely in Ireland, first on their estates in Munster and later in county Tyrone and Armagh (although they were in England sporadically, such as in 1594 when the elder Touchets were present at an inn in Beaconsfield to see their daughter Maria clandestinely marry the heir of John and Joan Thynne, Thomas, initiating a prolonged feud between the two families).
In 1608, Mervyn’s father settled the family’s English properties on his son and, while he remained in Ireland, Mervyn took up residence in England in the counties of Somerset and Dorset. In keeping with his new status as a propertied gentleman, he was knighted in the same year.
Sometime in this period Mervyn also embarked on legal studies and, in 1611, he was admitted to the Middle Temple. Around this time he also began his first marriage, taking as his wife Elizabeth Barnham, the daughter (and one of the co-heirs) of Benedict Barnham, a London alderman.
Through this match Mervyn gained additional properties in Middlesex, Hampshire, Kent, and Essex. Roughly a year after the marriage ceremony, in 1612, the couple’s first son, James Touchet, was baptized. The pair went on to have two more sons, George and Mervyn, and three daughters, Lucy, Dorothy, and Frances.
Upon his father’s death in 1617, Mervyn inherited his lands in Ireland and the title of Earl of Castlehaven, becoming the second Earl. It is also possible that he converted to Catholicism during this period. While Castlehaven steadfastly denied this, most of his children later became active Catholics, perhaps as a result of their early upbringing in these years.
Following the death of Elizabeth in 1622, Castlehaven remarried in 1624, this time to Lady Anne Brydges, nee Stanley, who was born in 1580 and was to outlive her husband by sixteen years. The widow of Grey Brydges, Baron Chandos, Anne was roughly thirteen years older than her new husband but she also had several young children from her first marriage and the two families now became one.
This dynastic merger was further consolidated when Anne’s eldest daughter, Elizabeth, was married to Castlehaven’s heir, James, in 1628. Elizabeth was all of 13 years old at the time.
Both marriages proved to be disastrous. In particular, the marriage of Elizabeth and James was dismal affair and ultimately led to the Earl of Castlehaven’s execution. By 1629, James had left the family estate (and his teen wife) at Fonthill Gifford and Elizabeth had become involved with Castlehaven’s favoured servant, Henry Skipwith.
It remains unclear whether this was a consensual relationship or, as was later charged, Castlehaven arranged for Skipwith to rape his step-daughter and daughter-in-law. What is certain is that Castlehaven persisted in showing great favour to Skipwith, which resulted in a confrontation between James and his father and ended with James complaining to King Charles I about his father’s conduct.
With this complaint, a formal inquiry was launched into the allegedly disorderly environment of the Touchet home.
The results of this inquiry, conducted by the Privy Council, revealed abominable crimes, in particular rape and sodomy. On April 25, 1631, the Earl was put on trial, charged with committing sodomy with a servant and assisting another servant, Giles Broadway, with the rape of his own wife, Anne, the Countess of Castlehaven (Anne alleged that the Earl had restrained her while Broadway assaulted her).
Henry Skipwith was never formally charged for his affair with Castlehaven’s daughter-in-law but rumour abounded of Castlehaven’s involvement in this as well (either in terms of instigating the rape, if such it was, or as a panderer who encouraged the illicit affair).
Special scaffolding was erected in Westminster Hall to accommodate the huge numbers that turned up to witness the trial and news writers throughout the realm and as far away as colonial North America speculated about the case and the outcome of the trial. Charles I, who prided himself on his happy and close-knit domestic life, was particularly shocked by Castlehaven’s behaviour and remarked that he hoped the “obscene tragedy” would quickly pass.
At the trial itself, twenty-seven peers acted as both judge and jury against Castlehaven and the testimony of six witnesses, including that of the Countess of Castlehaven and her daughter, was recorded by the court.
Their testimony painted a vivid picture of the Castlehaven household at Fonthill Gifford as a den of sexual iniquity and debauchery.
According to the Countess, Castlehaven had sexually and physically abused her from the very beginning of their marriage and this had culminated with Broadway’s rape of her at with Castlehaven’s assistance. Anne revealed that, within a few days of their wedding, the Earl was consorting openly with prostitutes and household serving boys.
She reported that he had commanded the couple’s servants to expose themselves to her and goaded her into illicit relationships with his friends and favoured servants, whom he also encouraged to embezzle money from the estate. She also alleged that, following the marriage of her daughter to Castlehaven’s heir, James, the crazed Earl had concocted a scheme to have Henry Skipwith impregnate the girl with his bastard, whom James would be forced to recognize as his own.
Throughout the trial Castlehaven was described as unstable, erratic, dissolute, and utterly devoid of religious faith and piety.
In his defence, Castlehaven alleged that he was the victim of a plot orchestrated by his family to commit judicial murder and inherit his estate and wealth. The most he would admit was over-generosity to a few of his favoured servants. He countered the charges by accusing his wife of infanticide and adultery and charging his son and daughter-in-law/step-daughter with greed.
As he reminded the court, all the witnesses against him stood to benefit a great deal from his death. Likewise, he told the court that the testimony against him on the rape charges was logically inconsistent and the reports of sodomy did not prove penetration and, without that definitive act, the sodomy charges were not sustainable.
While he was accused of subverting the natural order and not properly governing his household, he painted himself as the victim of his inferiors, who were the ones truly guilty of threatening the natural order by plotting against him.
The preserved records from the trial demonstrate that the evidence against Castlehaven was spotty and ill-sustained. The jury took several hours to deliberate and reach a verdict and, ultimately, twenty-six of the twenty-seven peers voted to convict on the charges of rape but only fifteen were persuaded by the allegations of sodomy.
After his conviction, some members of Castlehaven’s natural family, including his siblings, petitioned the crown for a pardon based on the alleged corruption of the witnesses against him. But Charles I refused to consider it or to investigate the suspicions of corruption while Castlehaven himself refused to confess his guilt and seek a pardon on his own behalf.
When he was taken to the scaffold on Tower Green on May 14, Touchet orally protested the verdict while affirming his acceptance of the King’s right to try and execute him. He also made a final declaration of his loyalty to the Church of England.
Almost immediately after his execution, various broadsides and pamphlets describing the lurid details of the cases and the motivations of those involved began to circulate, ensuring that it remained a topic of discussion and rumour for years to come.
While several writers argued for Castlehaven’s guilt, others, including his sister, Eleanor, authored a number of tracts which proclaimed his innocence and decried the wickedness of his accusers.
In July, two of the Earl’s alleged accomplices were put to death (the household page who was alleged to have committed sodomy with Castlehaven, and Giles Broadway, who aided Touchet in the supposed rape of his wife).
While these two servants had confessed to their crimes (aware that, as Castlehaven had already been convicted and executed, there was little chance that they would be acquitted and confessing meant that some mercy in the manner of their deaths would be shown to them by the state), the details of their confessions offered some support to Castlehaven’s accusations of corruption on the part of his wife and son and so the question of his guilt remained unresolved for many.
With his father’s death, James Touchet had the title of Earl of Castlehaven and his father’s lands conferred upon him by the crown. The executed Earl’s widow did not remarry and James Touchet was never reconciled with his wife, whose alleged misconduct with the servant Henry Skipwith had initiated the prosecution against the Earl.
While the Castlehaven case is often cited as both a potent example of the dangers inherent in the subordination of household discipline and as a celebrated case in the history of the treatment of homosexuality, it also established an important precedent regarding the right of a wife to testify against her husband in cases of marital cruelty and rape.
We wish well the restive shades of Patrick Rena, Thomas Dobbings, Thomas Walker, and Arthur Gibbons; the former two died for a violent robbery upon the roads, and the latter two for a violent robbery upon the Thames.
But our attention for this date is to the fifth man. Richard Coleman also drew the attention of those present, both for the monstrous crime he was accused of, and for his steady assertion of innocence. The minister assigned to salvage these wrongdoers’ souls, which was also a not entirely reputable marketing business in selling scaffold exclusives, knew a lead story when he saw one.
Coleman was executed for being part of a gang of three men who raped to death a woman named Sarah Green on the night of July 23, 1748. He was in no way implicated in this horrific crime for well over a month, a time when the victim lay precariously in hospital.
But by the next April, well … he was the man as far as the law was concerned. Coleman protested his innocence in vain, via Rev. Wilson; the latter’s hanging-day chapbook made Coleman the distinct feature attraction.
The following Paper was delivered to me at the Place of Execution, by Richard Coleman, which he earnestly desired I would publish.
To all Christian People.
The dreadful Sentence passed upon me, I shall meet with Cheerfulness, being in no Degree conscious of the least Guilt of that most inhuman and most unnatural Crime that I have been found guilty of.
I am very sensible that it is not in my Power to make the incredulous World believe me innocent. I leave the following Account with the Rev. Mr. Wilson, who I am very greatly obliged to, and return him my hearty Thanks, for the comfortable Relief I have received from him in a Preparation for a future State of Bliss, and I hope he will cause it to be published for m Satisfaction, that it may pass the impartial Examination of all Persons.
Here Coleman proceeds to give a detailed, almost hour-by-hour account of his activities on the night of the murder … and the activities of those around him.
Coleman was at pains to do this not only to assert his own innocence, but to decry a particular witness who ought to have supported his alibi but instead made it known “that if he was subpoenaed he should do me more Harm than Good … The Occasion of expressing himself in that severe Manner, I suppose, was owing to his being unluckily found by me with Mrs. B—t in very indecent Actions soon after her Husband’s Death; and having been often detected by me in the same Manner, it has caused ill Blood between us.”
Whether this man’s testimony would have made the difference one can only guess. At any rate, Coleman insisted,
On Monday the 25th of July I heard that a Woman had been used very ill by three of our Men, but no-body was taken up for it till a Quarrel happened between me and one [Daniel] T[rotma]n, at the Queen’s Arms Alehouse in Bandy-Leg Walk, which was as follows:
– On the 27th of August last … I was very much in Liquor; we had a Pint of Bumbo in the publick Room; and as I was stirring it with a Spoon, Trotman, an entire Stranger to me, very abruptly asked me what was done with the Pig, (meaning a Pig that our Men had taken and killed belonging to a Neighbour, and had been in Custody for it.) … I said to Trotman, Damn the Pig, what is it to me. He damn’d me, and I him; we gave each other very bad Language, and because it had been reported that three or four of our Men committed the Cruelty on Sarah Green, he made use of the following aggravating Words, namely (says he) Don’t you know Kennington Lane. I reply’d yes, I do, damn you, what of that? He said again don’t you know the Woman that was so cruelly treated, Yes, said I, Damn you what of that? Said he, was not you one of the Persons concerned in doing it; I reply’d if I was, you Dog what then, and immediately threw the Spoon at him. He returned it in the same Manner at me, and had it not been for the Persons present we should have fought.
…
The Morning after the Quarrel happened I called at the Queen’s Arms Alehouse; and Mr. C—t, who keeps the House, said to me Mr. Coleman you was silly last Night … and he repeated the Discourse aforesaid, and told me I did not consider what Advantage bad People might make of such unguarded Expressions. I reply’d that I was much in Liquor, and did not remember what I said.
But as prophesied, the offended Daniel Trotman and a woman in the pub who witnessed the exchange did indeed proceed on the basis of this “admission” to swear out an oath against Coleman who
was carried to the poor Woman in St. Thomas’s Hospital, to see if she knew any Thing of me; and when I came before her I was particularly pointed out by Mr. C— P—e, who laid his Hand on me, and said, is this one of the Men; which was not fair, for she should [not] have fixed upon me without being dictated. Upon that she said I believe he is one. I said to her consider well what you say, for my Life is at Stake. Will you swear I am one of the Persons. She reply’d, No I won’t, and likewise said if I was one of them we walked a good Way, and talk’d of indifferent Things, and you behav’d much like a Gentleman; but when she was assaulted, I ran away, which was not behaving like a Man.
Coleman’s story was that he wasn’t with Sarah Green as friend or foe at all that night. The justice of the peace clearly thought little enough of Green’s sketchy witness guesstimate that Coleman was released on his own word to return for more questioning.
The next scene at Sarah Green’s bedside begins with Coleman outside the room, and the victim asked
what sort of a Man Mr. Coleman was. She reply’d that he wore his Hair, and had a Carroty Beard. As to having my own Hair she was mistaken, for I have not wore it these 14 Years.
His Worship asked the Deceased if she could swear that I aided or assisted in the Assault. She said No, I cannot, for it was dark.
I was called in, and she made the following Information.
This Informant on her Oath says, that on Saturday Night the 23rd of July last between the Hours of 11 and 12 o’Clock, as she was going thro’ Newington Church-Yard to her Lodging in Bandy-Leg-Walk, she was assaulted and cruelly beaten by two Men to her unknown, and that R. Coleman was present in her Company at the Time she was assaulted and cruelly treated.
Coleman would say in his last publication that he believed Sarah Green was coached. Being conscious of innocence — we’ll come to that — the evidence aligning against him must have struck the young man as the product of an evil hand. Maybe it was just a lot of circumstantial stuff and half-mistaken witnesses falling into a terrible pattern.
The next mischance to befall the accused was that his victim/accuser succumbed to her injuries prior to the formal September 19 hearing.
This made the charge against him murder. Well, rape was already a capital crime, so no real change for Coleman … except that he had now lost the chance to confront openly a witness whose testimony sounds from the hospital interviews like it was eminently impeachable. Now, Green’s last affidavit was going to her final word on the matter.*
Coleman fled the warrant consequently taken out for him, which was read as evidence of guilt by neighbors who had the luxury of not reckoning their own survival odds upon a jury-box. Coleman says he tried to place an advertisement which a lily-livered editor rejected, reading
I, Richard Coleman, seeing myself advertised in the Gazette as absconding on Account of the Murder of Sarah Green, knowing my self not any ways culpable, do assert, that I have not absconded from Justice, but will readily and willingly appear at the Assizes, knowing my Innocence will acquit me.
Ha.
From some combination of partiality, malice, and groupthink, some additional eyewitness testimony — people who think they might have seen him that night, people who swear they talked to Coleman and Green together but never thought to bring it up to the authorities until he was arrested, and alibi witnesses of his own whom jurors disbelieved — Coleman was judged guilty and doomed to the noose.
Basically, the evidence against him was that he’d popped off to Daniel Trotman while in his cups, Sarah Green (mostly) ID’d him, and some people thought he’d been seen with her in the dark that night while some of Coleman’s own friends and relatives claimed otherwise. There isn’t exactly going to be crime lab evidence here, nor was there an explicit threshold for jurors to require near-certainty to convict. It probably looked to the court like a pretty darn good case.
Coleman had no recourse but to commit his futile self-vindication to posterity.
I do also most solemnly protest, that I am not in any Manner of Degree guilty of that most inhuman Murder of Sarah Green, neither was I at Newington, or in Kennington-Lane that Night that the cruel Fact was committed on Sarah Green.
This I declare as a dying Man, and I sincerely believe (as the Rev. Mr. Wilson told me several Times) if I was either directly or indirectly guilty of that Murder, and should go out of the World with denying it, that eternal Damnation would be my Portion.
… I have the Satisfaction to declare myself to the World (as I have often done to the Rev. Mr. Wilson) that I never was so serene in Mind, or so easy in my Conscience in my Life, as I am at this Time, and I heartily wish that every wicked Sinner may have the Opportunity of so good a Divine as the Rev. Mr. Wilson has been unto me, which must be a great Means to the Enjoyment of eternal Bliss.
It is an inexpressible Pleasure to me, that I am soon to leave this very wicked World; and I hope that GOD Almight of his infinite Mercy and Goodness, will, through the Merits and Intercession of my blessed Redeemer, his only Son our Saviour Jesus Christ, pardon all my Sins, and receive my Soul into eternal Happiness …
There is nothing that gives me so much Concern as the Distress that I leave my poor Wife and two Infants in. She has been very good to me under my unhappy Misfortune and so have my poor afflicted Brothers. I hope that the Almighty will be the Guardian of my Wife and Children.
Oops
We’ve been speaking of Coleman as categorically innocent but presented only conflicting and doubtful witnesses.
The resolution of the matter did not come until two full years after Coleman serenely strangled to death. The rest of the story was incautiously blabbed by a gentleman named James Welch to a companion as they walked the road to Newington Butts.
“Their conversation,” says the Newgate Calendar, “happened to turn on the subject of those who had been executed without being guilty; and Welch said: ‘Among whom was Coleman. Nichols, Jones and I were the persons who committed the murder for which he was hanged.’”
Maybe he should have chatted about the weather.
In the course of conversation Welch owned that, having been at a public-house called Sot’s Hole, they had drunk plentifully, and on their return through Kennington Lane they met with a woman, with whom they went as far as the Parsonage Walk, near the churchyard of Newington where she was so horridly abused by Nichols and Jones that Welch declined offering her any further insult.
Welch’s companion informed on him, but upon arrest there was no better evidence against Welch, Nichols, and Jones than there had been against Coleman. Actually, this later case was much weaker: one guy’s alleged hearsay statement.
In a classic prisoner’s-dilemma scenario, John Nichols was finally persuaded to turn crown’s evidence on the other two before they turned on him, and his testimony to the vile end of Sarah Green got his former mates hanged.
“The poor woman was treated in a manner too shocking to be described,” our correspondent relates. And “it appeared that at the time of the perpetration of the fact the murderers wore white aprons, and that Jones and Welch called Nichols by the name of Coleman — circumstances that evidently led to the conviction of the unfortunate man of that name.”
Mistakes Happen…
The hangings in the case of Sarah Green — both the right ones and the wrong one — occurred at the acme of Britain’s “Bloody Code” days.
It’s instructive to note that the reality of wrongful executions seems to have been widely accepted. In the case at hand, the Newgate Calendar does not mince words in describing Richard Coleman as innocent.
And while doubt about individual defendants’ guilt often led jurors to acquittals or the ad hoc “pious perjury” downgrading of potentially capital charges, the existence of this or that wrongful execution in no way imperiled the capital statutes as a whole. It was merely another risk in a brutal world all too full of them.
Just a few months after Welch and Jones went to the gallows, another woman controversially on trial for her life received from one of her correspondents a lament that “We see nothing more frequent than Persons confessing the Crimes that others had suffer’d for before.”
* Although Green’s case was a bit different since she actually had time to swear a statement, the legal footing of “dying declarations” vis-a-vis the usual right of a defendant to confront an accuser has long remained a jurisprudential sticky wicket.
(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post on the anniversary of what was then the first execution in Indiana for nearly 20 years. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)
“I don’t hold no grudges. I’m sorry it happened. I know what I’m doing.”
— Steven T. Judy, convicted of rape and murder, electric chair, Indiana.
Executed March 9, 1981
A serial rapist, Judy openly courted capital punishment. At his trial for killing a woman and her three children (ages five, four, and two), Judy told a jury to condemn him or else he might kill them, their children, and the judge. He showed no remorse for the murders, telling reporters, “I don’t lose sleep over it.” Judy asked for death. “I’ve lived my hell,” he said. “So [what waits for me] has to be better.”
On this date in 1938, Juan Castillo Morales was shot in a cemetery for raping and murdering an eight-year-old girl.
Morales was executed under the strange ley de fugas (“law of fugitives”), an expedient quasi-lynching arrangement that gave the inmate the opportunity to flee for his life in front of the firing detail. He didn’t make it — nobody ever made it.
But the method of his death is the least bizarre thing about his story.
Juan Castillo Morales is better known today as Juan Soldado, “Juan the Soldier.” He was an army private serving at the border town of Tijuana, just across from San Diego, Calif., when young Olga Camacho disappeared on February 13. (Yes, that’s four days before the execution.)
Olga’s abduction — and the discovery of her body, throat slashed and sexually molested — triggered a public outcry.
Our man was arrested on the 14th, and the evidence quickly started stacking up against him. Even his wife incriminated him. At least, allegedly: there’s very little documentary evidence remaining from the case, and very little about the life of Juan Castillo Morales, all of which helps fuel its latter-day ambiguity.
Castillo Morales, again allegedly, confessed in jail. The public had its pedophile: the man was nearly lynched by rioters threatening to put the whole town to the torch. This radioactive case was disposed of in great haste by a secret military tribunal before the whole city spiraled out of control. Thousands of onlookers turned out for the public “fleeing” execution.
So far, so unsurprising (at least by the standards of these grim pages): a notorious sex crime, a mini-moral panic, a perp done (however unusually) to death.
Now, it gets interesting.
With blood lust sated and Morales entombed in the cemetery where he was shot to death, mysterious reports began circulating … that his grave was oozing blood, and that his anima (soul) was floating around proclaiming his innocence.
Maybe there were people who already believed that but dared not speak up when lynch law reigned. Maybe the rushed, not-altogether-judicial “investigation” and the cruelty of the execution catalyzed some latent communal guilt.
But for sure, once the idea that the man was innocent got out there, it had legs. There’s a folk belief that “those who have died unjustly sit closest to God”; before 1938 was out, newspapers had already begun to report people praying at the grave … and some of them reporting miracles worked in consequence.
He wasn’t Juan Castillo Morales the executed army private any more: for posterity, he would be Juan Soldado, the everyman sublime.
Against any odds you’d care to stake, Juan Soldado has developed in the decades since into a going cult figure in Tijuana, and throughout the border region — a popular saint (by no means acknowledged by institutional Catholicism) for everyday people’s problems. A chapel built over his resting place bursts with offerings and thanksgivings.
Juan, as befits a border-town saint, is particularly regarded as a patron of migrants crossing the U.S.-Mexico border, and particularly liable to relieve the troubles of migrants. With that following has, of course, come a general understanding among most devotees that Juan Soldado was innocent, even that he was executed to cover up for a powerful general who was the real killer.
Juan Soldado receives tribute and supplication throughout the year, but particularly on June 24: so little is known about John the Soldier’s real biography that the official feast date of John the Baptist has been appropriated for his celebration, and picnics, pilgrimages, mariachi bands singing “happy birthday”, crowd the cemetery on that day. (The Day of the Dead is another biggie at Soldier John’s shrine.)
Olga Camacho’s family still lives in Tijuana and understandably disdains the cult around the little girl’s presumed murderer.
As a historiographical phenomenon, Soldier John fits into a pattern of folk saints from early 20th century Mexico, including similarly dubious characters like executed bandit Jesus Malverde, the unofficial patron saint of drug trafficking — as well as non-executees like Pedro Jamarillo and Nino Fidencio.
Part of this, surely — and Vanderwood developed the theme — is the story of the border, the story of Tijuana and Mexico in the 1930s. But part, too, is the story of Catholicism and of the contradictory, occasionally transformative, emotions excited by execution.
The potential of even an unambiguously guilty criminal to become in his passion a channel for worship goes all the way back to, well, the Passion itself, and the “good thief” on the cross with Christ. Twentieth century France has its own guillotined murderer who’s also a candidate for sainthood. And this is hardly the only occasion when folk veneration has produced an unofficial saint. Some of them even become official saints with the passage of time. But official or otherwise, once adopted into the practice of a living community of believers, they are animated by the life of that community and in return they succor the same.
“I pray to Juan Soldado even if the church does not approve,” one woman told Vanderwood. (Here quoting his “Juan Soldado: Field Notes and Reflections” in the Winter 2001 Journal of the Southwest). “I do not think that God minds.”
On this date in 1997, 39-year-old Michael Carl George was executed by lethal injection at Greensville Correctional Center in Virginia. He’d been condemned for the murder of fifteen-year-old Alexander Eugene Sztanko in 1990.
Michael Carl George (top) and his victim, Alexander Sztanko.
The teenager’s death had been horrific by anyone standard: he was abducted while out riding his dirt bike, handcuffed to a tree and sexually abused. Before shooting him in the head, the killer applied a stun gun to his genitals. His body, fully clothed but shoeless, was found the following afternoon.
The boy had been killed so close to home that his unsuspecting father actually heard the gunshots. A few hours after Alex Sztanko’s body was found, George was seen loitering near the murder site by a police officer and stopped for questioning. He matched the description of a camouflage-clad man seen near the Sztanko residence the day before, and the suspicious officer asked him directly if he’d been there the previous day.
George admitted that he had, claiming he’d been turkey hunting in the woods. As he was being questioned he was standing directly in front of a “No Trespassing” sign, which gave the policeman an excuse to pick him up.
At the time of his arrest he was carrying, among other things, a knife, a handcuff key and a map, which had an “X” marking the site where Alex’s body turned up in the woods and an “O” where the boy’s dirt bike and helmet were ultimately located.
Inside George’s truck was a machete, a hacksaw, bolt cutters, a tear gas canister, leather gloves and a stun gun. A search of his parents’ home, where he lived, turned up more incriminating items: a pair of handcuffs that matched the key he carried, and a loaded 9mm pistol which turned out to be the murder weapon.
Blood, DNA and fiber evidence also pointed to George as the culprit. The case was pretty open-and-shut.
George had a reputation as a pedophile and Alexander Sztanko wasn’t the only person he killed. The first, as far as anyone knows, was Larry Wayne Perry, a mentally disabled nine-year-old who lived with his grandparents in Dumfries, Virginia.
Larry vanished without a trace on May 22, 1979 and was never found. George admitted to burying the child’s body but said his death was an accident. As the authorities lacked the evidence to prove intentional homicide, he was allowed to plead guilty to involuntary manslaughter and abduction.
A model prisoner, he served just two and a half years of a five-year sentence.
Four years later, he killed Alex Sztanko.
George would later claim he had murdered a third person, but he never named the alleged victim and his statements could not be verified. His appeals raced through the court system at top speed; his time on death row was less than five years, one of the shortest in the state since Virginia resumed executions in the early eighties.
Given the circumstances of the murder and his prior record, he had very few sympathizers and not much he could say for himself on appeal. His case went all the way up to the U.S. Supreme Court, but they voted 7 to 2 to deny a stay of execution, with Justices Ruth Bader Ginsburg and Paul Stevens dissenting.
Alex Sztanko’s parents were quoted as saying they were opposed to the death penalty generally, but as far as they saw it, George’s death was society’s gain.
George’s lethal injection took place without incident and he was pronounced dead at 9:18 p.m. He had no last statements for the press, but he did leave a letter for Mr. and Mrs. Sztanko, both of whom declined to witness his execution.
On this day in 1678, one Stephen or Steven Arrowsmith was executed at Tyburn for the rape of a little girl the previous summer.
He was one of six people sentenced to hang that day, but four of them got reprieved. Arrowsmith and Nathaniel Russel, a convicted murderer, were the ones who had to swing.
The victim in Arrowsmith’s case, eight-year-old Elizabeth Hopkins, testified against her rapist in court, as did the child who walked in and saw Arrowsmith abusing the victim on July 7 of that year. Neither witness was properly sworn in. From the Old Bailey records:
The Girl that was ravished, being between 8 and 9, testified that he had had to do with her for half a year together every sunday, that she was hindred from crying the first time, by his stopping her mouth, and that he gave her money afterwards; and she never discovered it, till some of her friends observing her to go as if she were very sore, examined her, and by telling her she would be in danger of hanging in Hell, got her to confess, that the Prisoner was her fathers Prentice.
One Mrs. Cowel did testifie that upon observing her going, and other Circumstances, she did resolve to examine her, and made her confess, which she did, and being searched, was found shamefully abused, and sent to the Doctors to cure.
The like was attested by one Mrs. Sherwin, and by a Midwife, who said, she had got a very foul disease by it.
Arrowsmith’s defense was two-pronged:
he hadn’t done it
but if he had done it, Elizabeth had consented
The maid of the doctor who examined Elizabeth testified for the defense, saying she’d asked the victim why she hadn’t told anyone about the abuse, and Elizabeth answered that she took pleasure in it.
The jury was very reluctant to convict and, in fact, initially brought back a verdict of not guilty. And here the judge, a fellow with the Dickensian name Lord Chief Justice Scroggs, decided to become the prosecutor.
One of the jurors, an apothecary, ventured that he personally believed Elizabeth had consented to intercourse. Scroggs reminded this person that she was under age and so the issue of her consent was irrelevant.
Other jury members said they were bothered by the fact that almost all the evidence was hearsay and the only direct witnesses, Elizabeth and her friend, had not been sworn. Testily, the judge replied that a rapist was not going to commit his crime in crowd of eyewitnesses, and the only reason the two girls had not been sworn was because of their youth, but if the jury wanted them sworn in he was prepared to do that. Then he sent them back to re-think their verdict.
To further complicate matters, during the second round of deliberations a thoughtless officer of the court, charged with looking after the two child witnesses, brought both girls to the jury to talk to them in private. When Scroggs found out he quickly put a stop to this and had the bailiff thrown in jail, and the jury (who swore that this hadn’t been their idea) was allowed to continue its deliberations. Jurors later said the unauthorized meeting had convinced them of the girls’ honesty, and they returned with a verdict of guilty.
“The Criminal Trial Before the Lawyers,” (pdf) a paper published in the University of Chicago Law Review in 1978, referenced the Arrowsmith case and Scroggs’s behavior. The paper’s author, John H. Langbein, tried to explain and defend the “judicial dominance” which might lead a modern reader to look askance at the fairness of the proceeding:
Hale’s treatise confirms this practice. “If the jurors by mistake or partiality give their verdict in court, yet they may rectify their verdict before it is recorded, or by advice of the court go together again and consider better of it, and alter what they have been delivered.” The tradition that the jury would lightly disclose the reasoning for a verdict became especially important in this situation, because it enabled the court to probe the basis of the profferred verdict, hence to identify the jury’s “mistake” and correct it. Thus, in the Arrowsmith case, the court discovered that the chemist’s opinion that an eight-year-old “could not be Ravished” had been influential, and the court refuted it…
Indeed, to this day in many countries, including the UK and the USA, a judge still has the right to overturn a jury’s decision if he or she feels the evidence did not support the verdict. This privilege is but rarely exercised.
At the gallows, just before his death, Arrowsmith wept and finally owned up to what he had done, saying he’d been a good person all his life until “Satan seduced him to this abominable wickedness.”
Tim Kaine, who governed the Commonwealth of Virginia from 2006 to 2010 and was just last month elected to the U.S. Senate, had a different service to perform on this date in 1996.
Kaine saw his client, double-murderer Lem Tuggle, to the Virginia execution chamber on December 12, 1996.
In 1983, fresh off parole for a 1971 homicide, Tuggle raped and shot 52-year-old Jessie Geneva Havens.
“From past experience, I would like to talk to an attorney,” he told the officer who arrested him. “I’ll probably tell you the full story later.”
In this selfsame spring of 1983, 25-year-old Timothy Michael Kaine was receiving his J.D. from Harvard Law. He moved to Richmond, Va., with his classmate Anne Holton, daughter of the state’s former governor.
Kaine and Holton married in 1984.
This was also an eventful year for the now-twice-convicted killer Lem Tuggle: together with five other condemned inmates, Tuggle sensationally busted out of Mecklenburg Correctional Center — capturing several prison guards, making up a phony bomb threat, and simply strolling out the gates in their stolen uniforms during the confusion.
The “Mecklenburg Six”* cast a terrifying pall in the headlines of June 1984; it took weeks to recapture them all. Tuggle, sensibly, made a bid for Canada’s death-penalty-free soil, only sparing Ottawa a major diplomatic headache when he stopped to rob a Vermont diner for gas money and got arrested.
Kaine’s path was destined to cross with this notorious convict, but not for some years yet. In the meantime, the idealistic young J.D. in his first year at the bar was getting acquainted with death row when he accepted a pro bono legal appointment to represent condemned killer Richard Lee Whitley.
A lifelong Catholic who had spent a youthful finding-himself year working at a mission in Honduras, Kaine was (and remains) a death penalty opponent. This would later prove a sticky wicket, but mid-1980s Kaine didn’t have a career in politics on his radar, as evidenced by his distinctly impolitic remark that “murder is wrong in the gulag, in Afghanistan, in Soweto, in the mountains of Guatemala, in Fairfax County … and even the Spring Street Penitentiary.”
Later, when he was in politics, Kaine would tell a reporter profiling him during the 2005 gubernatorial campaign that he didn’t want the assignment but would have felt like a “hypocrite” to refuse it. The Commonwealth was less easily overcome than Kaine’s scruples, and Whitley died in Virginia’s electric chair on June 6, 1987.
“I just remember sitting on my back step late and just having a couple of beers and just staring out at my backyard,” Kaine recalled of the night he lost his client.
Having had this first taste of failing with a man’s life on the line while being publicly vilified for his work, Kaine signed on to represent Tuggle in 1989.
By the time Tuggle’s legal rope ran out in 1996, Tim Kaine was a 38-year-old Richmond city council member — the trailhead for his new and now-familiar career in politics.
As Kaine elevated himself into a statewide figure in the early 2000s, his death penalty position came in for some controversy which Kaine finessed by taking the position that while he himself opposed capital punishment, he would enforce the state’s death penalty law in his capacity as governor.**
Death penalty stuff has ample third-rail potential, but especially in Kaine’s gubernatorial race, his own personal legal work at the defense bar became fodder for some truly repellent attack ads by the mouthbreather lobby who tried to put Kaine personally on the hook for Tuggle’s crimes by virtue of having represented the man in court.
* The other five were Linwood Briley, James Briley, Earl Clanton, Willie Leroy Jones, and Derick Peterson. All of these men were also executed.
** That was indeed the case. Gov. Kaine commuted only one death sentence, that of Percy Walton, while allowing 11 others to go forward. D.C. sniper John Muhammad was the most notorious man with Kaine’s signature on his death warrant.
On a summer’s day in 1991, Richard Stokley and Randy Brazeal picked up two 13-year-old girls from a fair in Cochise County, Arizona and drove them to the desert. There they raped them, then stomped, strangled and stabbed the two to death and dumped their naked bodies in a flooded mineshaft.
Today, Richard Stokley is set to bewas executed for that double homicide.
His accomplice Randy Brazeal is a free man living in Arkansas.
And little but the chance progress of justice and the human judgment calls that officers of the court make every day will distinguish the fate of two men, even though their trial judge has said that he “didn’t have a feeling that one was less culpable than the other.”
Brazeal, a 19-year-old troublemaker new to the area, and Stokley, a local brute twice his age, would spin different stories about exactly what happened in the desert that night to Mandy Meyers and Mary Snyder: about how the attacks began, and who particpated in what.
Long story short: Stokley’s version had both men as full participants, raping at least one girl apiece and each strangling a different victim. Brazeal’s version had him basically just giving people a ride and Stokley committing the crimes. (It’s not clear whether the victims were abducted from the fair, or went along willingly only to be attacked later.)
Forensic DNA testing was only just emerging in 1991, and it required months to process … months that the state did not have before Brazeal’s murder trial was set to begin. Even then, the state’s attorney worried that “the status of the law is in some question as to whether the DNA evidence would be admissible.”
This uncertainty set the parameters for a plea deal in which prosecutors took the guaranteed conviction and Brazeal dodged the needle. He was released in 2011 after serving concurrent 20-year sentences for second-degree murder.
But weeks after that deal was sealed (and before Stokley’s trial) DNA tests on semen retrieved from Mandy Meyers showed that both men had indeed raped her.
The DNA evidence helped seal Stokley’s conviction, even though it and other forensic evidence around the scene also tended to buttress Stokley’s “equal partners in the crime” story to the detriment of Brazeal’s version.
The net outcome* doesn’t necessarily look like justice. Mandy’s devastated mother, Patty Hancock, has been vocal in the run-up to Stokley’s execution about her disgust with the sentencing disproportion.
“With the evidence that they did have, Randy Brazeal should be sitting right next to Richard Dale Stokley,” she told one reporter. “And I will say that until the day I die.”
Stokley, for his part, filed a similar appeal in the courts as grounds for reducing his own sentence. But even though he’s availed every legal avenue possible, he didn’t bother trying the long odds at a gubernatorial reprieve — instead writing the Arizona Board of Executive Clemency:
I am also sorry I was mixed up in those awful events that brought me to this. I have been sorry for the victims and the victims’ families. But no one wants to hear of my miserable sorrow, they just want for me to get dead, which is vengeance. They think it will bring ‘closure.’ But there is no healing in that. Ever.
I have decided to decline a clemency hearing. I don’t want to put anyone through that, especially since I’m convinced that, as things stand now, it’s pointless. I reckon I know how to die, and if it’s my time, I’ll go without fanfare. And if it ain’t, I won’t. God’s will be done.
God’s will is scheduled for 10 a.m. Mountain time today. (Update: Stokley was executed as scheduled.)
* It’s particularly striking that the man who was more forthcoming and cooperative with investigators ended up with the heavier sentence.
A year ago today, Oba Chandler was executed by lethal injection in Florida for the brutal triple homicide of a Willshire, Ohio mother and her two teenage daughters.
Thirty-six-year-old Joan Mae “Jo” Rogers and her daughters Michelle, 17, and Christe, 14, were vacationing in Florida when they vanished on June 1, 1989. Three days later their bodies turned up in the Tampa Bay. All three were naked from the waist down and had their hands and feet bound, their mouths taped shut, and concrete blocks tied to their necks. Michelle had managed to free one arm before she drowned.
The victims (left to right): Joan, Michelle, and Christe Rogers.
The police initially suspected the girls’ uncle, John Rogers, even though he was in prison at the time.
Rogers had been incarcerated for rape; one of his victims was Michelle, and authorities theorized he had a third party kill her and her mother and sister. Eventually that gentleman was cleared, as was his brother Hal, husband and father of the victims.
The sexual abuse, which had gone on for years, had torn the family apart, and part of the reason for the Florida vacation was so that everyone could relax and get some distance from what had happened. Hal had wanted to join his wife and daughters on their trip, but he had to stay and look after the family’s dairy farm.
The murders and subsequent investigation were covered in heartbreaking detail in St. Petersburg Times reporter Thomas French‘s Pulitzer Prize-winning series here.
Characteristically, local gossip pursued Hal and John for years, particularly Hal. His neighbors in Ohio thought he didn’t appear traumatized enough,* noting that he never cried in public and that he continued to take care of his farm in the wake of the murders.
They didn’t care that the farm was Hal’s livelihood, that cows could not milk themselves. They didn’t care that there was no evidence that he’d left Ohio during the critical time period, and that the police had very quickly cleared Hal as a possible suspect in Jo, Michelle and Christe’s deaths. They didn’t know that he was too traumatized to sleep in his own home and spent months couch-surfing at friends’ houses. They didn’t know that he was devastated, that he’d tried to take his own life at one point so he could be with his family.
As Hal’s sister-in-law said, “There’s no protocol here. There’s no Murder 101 class. No Grief 101 that anybody thinks to give you.”
Stranger-on-stranger crimes are incredibly difficult to solve. It wasn’t until October 1989 that the police linked the Rogers family’s murders to the rape of a Canadian tourist that had happened in May, two weeks before the triple homicide. The rapist had lured the woman out onto a boat, threatened to kill her, and threatened to duct-tape her mouth if she didn’t stop screaming. After the rape he apologized to her, threw up over the side of the boat, took her to shore and let her go.
Police released a composite sketch of the woman’s attacker, whom they believed was the same man who killed the Rogerses. That got over 400 tips from the public, but none of them panned out.
Twice, the case appeared on the popular television show Unsolved Mysteries.
The authorities found some driving directions written on a brochure in Jo’s car which were not in her handwriting and which they thought were written by the murderer; they released samples to the public in the hopes that someone would recognize the writing.
Composite sketch of the suspect (top); Oba Chandler as he looked around the time of his 1992 arrest (bottom).
Finally they got a break: one of Chandler’s neighbors recognized the sketch of the rape suspect and turned his name over to the police. That same neighbor had hired Chandler to build out her porch, and she had a copy of the contract he’d written out for her. She turned the contract over to the authorities, and handwriting experts determined it was written by the same man who wrote the driving directions found in Jo’s car. Investigators also found Chandler’s palm print on the brochure.
In September 1992, convinced that they were on the right track, the police flew to Canada to interview the rape survivor from May 1989. She picked Chandler’s photo out of a line-up. With that, the authorities finally had enough evidence to make the arrest.
Chandler, an Ohio native like his victims, gave the impression of an ordinary, mild-mannered sort, but he was in fact a career criminal: he went by many alias names and had an arrest record dating back to when he was fourteen years old, for a wide range of offenses including car theft, robbery, kidnapping, receiving stolen property, possession of counterfeit money, and various sex crimes. By the time of his 1992 arrest he had racked up six felony convictions.
Chandler testified at the murder trial, against the advice of his attorney, and admitted he had met the three victims and given them directions. He could hardly deny that, given the handwriting and fingerprint evidence.
He did deny having ever seen them again after that, and he swore he’d never taken them out on his boat and never harmed them. He called the very idea “ludicrous.” In fact, he maintained his innocence until his death.
But the prosecution eviscerated him during cross-examination. Chandler claimed that on the night of the murders he’d gotten stuck out in Tampa Bay when his boat’s fuel line sprung a leak and he ran out of gas. A boat mechanic employed by the Florida Marine Patrol examined the vessel and determined that this story was impossible: the boat had an anti-siphon valve that would have prevented a leak.
The Canadian rape victim was permitted to testify. She didn’t cry as she described what happened to her, but some of the jurors did. One of Chandler’s adult daughters (he had eight children by seven different women) also testified, saying her father had told her he’d raped a foreign tourist and also killed some women in Florida.
The judge who presided over the trial later said Chandler was “the vilest, most evil defendant I ever handled.” When the jury retired, they took an initial poll among themselves and discovered that all twelve believed he was guilty. For form’s sake, however, they waited an hour and a half before returning with their verdict.
There’s some speculation that Chandler was involved in other murders besides those of the Rogers family.
Linda Lois Little, a Daytona Beach woman, disappeared on his birthday in 1991 and was never found. One of Little’s sisters thinks saw him at her apartment complex a few days before Little disappeared. Chandler refused to answer law enforcement’s questions about Little’s disappearance and his involvement has never been proved one way or the other.
During his seventeen years on death row, Chandler never had a single visitor, not even any of his own relatives. The execution, which went smoothly, was attended by Michelle and Christe’s cousin, as well as a reluctant Hal Rogers. He remarried more than a decade after his family’s murder and became a stepfather of four, but wasn’t able to have any more children.
When asked if he had any last words, Chandler simply answered, “No.” He did leave a written statement that simply said, “You are killing an innocent man today.”
No one believed him.
* “Didn’t display the right kind of grief in the right kind of way for the right amount of time” was also one of the raps on wrongly executed “arsonist” Cameron Todd Willingham.
On this date in 2005, Brian Steckel was executed by lethal injection for a Delaware rape-murder.
Steckel got 29-year-old Sandra Lee Long to let him into her apartment on the pretext of making a phone call. (This was 1994, pre-cell phones.) Then he throttled her, sodomized her, raped her with a screwdriver, and set her bedroom on fire. Then he fled. (Long survived the immediate attack; she would die of smoke inhalation from the arson.)
Hours later, he called The News Journal identifying himself as the “Driftwood Killer” and threatening his next prospective victim by name. Police took that woman into prospective custody and traced harassing calls she’d been receiving to Steckel, who obligingly confessed when arrested.
And investigators took Steckel’s threats at their word — as well they might with Long’s ghastly murder already under his belt — and counted themselves lucky to have nipped a potential spree killer in the bud. Steckel “thought about committing a murder for a long time,” New Castle County detective John Downs said. “We got him relatively early in his career. This was something he’d worked at.”
Fond of the drink and none too stable, Steckel menaced his own attorneys, spat at prosecutors, soaked up the media attention, and sent dozens of letters from prison, including Long’s autopsy sent to Long’s mother with a scribbled taunt reading “Happy, Happy. Joy Joy. Read it and weep. She’s gone forever. Don’t cry over burnt flesh.” He also made and retracted various dubious confessions to various murders in various states, and alternated between slandering his (known) victim and calling himself an “animal” for killing her.
If the evil was unfeigned, so was the remorse. At the end of his trial, he surprisingly addressed the the jury with an assent to his own execution.
I didn’t know how to say I’m sorry. How do you tell someone’s family you’re sorry for strangling them? … How do you do such a thing? I don’t know. I ask you people to hold me accountable for what I did. I’ve gotten away with so much in my life that I stand here today … I know I deserve to die for what I did to Sandy. … I’m prepared to give up my life because I deserve to.
He carried a like sentiment to the gurney, where he was apologetic to the victim’s mother he had once mocked.
I want to say I’m sorry for the cruel things I did. I’m not the same man I was when I came to jail. I changed. I’m a better man … I walked in here without a fight, and I accept my punishment. It is time to go. I love you people … I’m at peace.
At this point where the repentant felon ought to close his eyes and exit, an awkward 12-minute delay followed while the lethal injection machine clicked several times and Steckel remained lucid, appending his last statement with observations like, “I didn’t think it would take this long.”
While state officials denied there was any problem with the exceedingly slow lethal injection, Steckel did not appear to have been rendered unconscious, and was awake when he finally snorted and convulsed into death.
Attorney Michael Wiseman, pursuing a later lawsuit against the state’s death penalty procedure, claimed that the main IV line was blocked and when executioners switched to the backup line, they didn’t bother (pdf) re-administering the anesthetic sodium thiopental that forms the first drug of the basic three-drug lethal injection cocktail. That omission meant that Steckel would have been conscious when he was hit with a paralytic dose of pancuronium bromide, and still conscious when that was followed with an excrutiating heart-stopping shot of potassium chloride. (More on the process.)
Wiseman even got a member of the execution team to testify that he was “okay with” causing Steckel suffering owing to the bestial nature of Steckel’s crimes. (The source for this is the January 29, 2009 News Journal; the article is no longer available online.)
A federal circuit court rapped Delaware for “occasional blitheness” and “isolated examples of maladministration,” but rejected the lawsuit.
After a five-plus year hiatus following Steckel’s execution, the Blue Hen State resumed executions in 2011, switching for the occasion to the trendy new anesthetic drug pentobarbital since execution chambers can no longer get hold of sodium thiopental. Just like Brian Steckel.
Convicted of rape and sodomy by a jury of his aristocratic peers, his crimes were alleged to have taken place under his roof and against members of his own family. While all of the witnesses against Touchet stood to gain materially from his death and various household servants did present evidence which contradicted that of his wife and son (who testified against him), he, as household head, was clearly unable to maintain proper order and obedience within his own house and this was instrumental in ensuring his conviction.
In this sense, although his alleged crimes were themselves horrific, it was Castlehaven’s subversion of expected social roles and modes of conduct in the context of his disordered household which truly shocked contemporaries (as Cynthia B. Herrup has skillfully argued in her study of the Castlehaven case, A House in Gross Disorder: Sex, Law, and the 2nd Earl of Castlehaven).
Morales was executed under the strange 
In 1983, fresh off parole for a 1971 homicide, Tuggle raped and shot 52-year-old Jessie Geneva Havens.
And little but the chance progress of justice and the human judgment calls that officers of the court make every day will distinguish the fate of two men, even though their trial judge has said that he “didn’t have a feeling that one was less culpable than the other.”
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