1998: Kenneth Allen McDuff, Texas nightmare

20 comments November 17th, 2010 Mary OGrady

(Thanks to Mary O’Grady for the guest post. -ed.)

Kenneth Allen McDuff grew from the small-time bully of tiny Rosebud, Texas, to a feared and reviled killer finally apprehended with the help of the America’s Most Wanted television series. By the time of his execution on November 17, 1998, he stood as a symbol of how the best-intentioned prison reforms could bring the most hideous results.*

In 1966, on parole for a string of burglaries, McDuff was first sentenced to death for the brutal murder of three teenagers he kidnapped and killed. The female member of the trio was sexually abused and raped for hours before McDuff used a broomstick to snap her neck “just like you’d kill a possum,” in the words of Falls County Sheriff Brady Pamplin, one of the first generation of Central Texas lawmen to deal with McDuff.

He remained on death row until 1972, when the U.S. Supreme Court in Furman vs. Georgia struck down all death penalty statutes in the United States. McDuff’s sentence was commuted to life imprisonment, which left the possibility of parole.

A rape and attempted murder for which McDuff was never prosecuted resulted in a daughter who at the age of 21 visited McDuff in prison. Her visits ceased after McDuff described his fantasy of taking her to Las Vegas and pimping her out to earn himself a fortune.

A prisoner’s fifteen-page handwritten lawsuit, Ruiz vs. Estelle, exposed conditions in Texas prisons which proved unconstitutionally inhumane, including the use of inmates as guards. (McDuff ascended to the position of boss over fellow convicts following his exit from death row into the general prison population; his perks included a “gal-boy” who traded the usual personal services for McDuff’s protection from white supremacist former gang associates whom he had offended.) Ruling in the Ruiz case, Federal Judge William Wayne Justice placed the Texas prison system under the control of a Special Master and ordered that traditional prison overcrowding must cease.

The Texas parole board was ordered to release 150 prisoners a day, to reduce the prison population to the 50,000 for which there was adequate capacity. Despite a 1982 conviction for attempted bribery of a parole board member, McDuff made parole in early October of 1989. Waco’s U.S. Marshall Parnell McNamara could only ask, “Have they gone crazy?”

Author Gary Lavergne also maintains McDuff information on his website, including this collection of photos and this list of victims.

Kenneth Allen McDuff was a rarity on Texas’s death row: He was a son of the middle class among the poorest of the poor. On parole, his family furnished him with motor vehicles as needed, and a credit card so that he would not have to carry cash in his chancy, drug-ridden haunts along the Interstate 35 corridor of Central Texas.

Even a new arrest in July 1990, after he chased and threatened some black teenagers and then spewed racist invective at his parole revocation hearing, did not suffice to return him to prison. Six women, three of them drug-addicted prostitutes, have been verified as murder victims of Kenneth McDuff between his parole date in 1989 and his arrest as a fugitive in Kansas City on May 4, 1992; there may well be others whose identities will never be known.

McDuff was tried for the abductions and murders of Melissa Northrup, a convenience store clerk, and Colleen Reed, an accountant. He was convicted and sentenced to death in both cases.

Parole requirements for violent Texas criminals were stiffened substantially as a direct result of McDuff’s career, by the regulations of the parole board and by the Texas Legislature. (The statutes are known as the McDuff Laws.) McDuff by all accounts became the most hated man in the Texas prison system; once returned to death row, he was held in administrative segregation for his own protection from his latest arrival in 1993 until his execution.

Progressive Democrat Ann Richards was Governor of Texas at the time of McDuff’s last trial. A recovering alcoholic, she created an unprecedented emphasis on drug and alcohol treatment for Texas prisoners, the overwhelming majority of whose crimes involved substance abuse of one kind or another. No one appreciated the irony more than she: a governor dedicated to rehabilitation of prisoners was forced to kick off the biggest prison building spree in Texas history, to comply with the federal court’s orders on prison overcrowding while trying to ensure that Texas would never again see the likes of Kenneth Allen McDuff.

It took six years for law enforcement officers to persuade McDuff that his continued refusal to reveal where he had hidden the bodies of several of his victims offered him no sort of advantage. Some remains were located by means of hand-drawn maps, but maps did not suffice in every case. A few days before his execution, an unusual excursion party set out from the Ellis I prison outside Huntsville: a caravan of unmarked cars with dark-tinted glass carried McDuff, locked to a back seat and disguised with a baseball cap, on a “clandestine high security move.” Never allowed out of the car, McDuff directed investigators to the shallow grave of Colleen Reed, whom he kidnapped from an Austin car wash on December 29, 1991. Shortly thereafter, McDuff’s nephew received a reduction in his sentence for drug dealing.

McDuff never expressed remorse for any of his crimes. A lifetime of cheap beer and needle drug abuse was catching up to his liver when he climbed on the Walls Unit gurney on November 17, 1998. His last words: “I am ready to be released. Release me.”

* See Gary Cartwright’s “Free to Kill” Texas Monthly, Aug. 1992, Vol. 20, Issue 8, p. 90.

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Entry Filed under: 20th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Guest Writers,Infamous,Kidnapping,Lethal Injection,Murder,Other Voices,Rape,Serial Killers,Texas,USA

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1909: Leonard Groce and Lee Roy Cannon, American mercenaries in Nicaragua

3 comments November 17th, 2009 Headsman

In few countries is it possible to trace the development of anti-American sentiment as clearly as in Nicaragua. A century of trouble between the two nations, which led to the death of thousands and great suffering for generations of Nicaraguans, began when the United States deposed President Zelaya in 1909. Benjamin Zeledon [Spanish link -ed.] took up arms to avenge him. Zeledon’s death inspired the young Sandino, who, in turn, inspired the modern Sandinista Front.

For all his faults, Zelaya was the greatest statesman Nicaragua ever produced. If the United States had found a way to deal with him, it might have avoided the disasters that followed. Instead, it crushed a leader who embraced capitalist principles more fully than any other Central American of his era.

-Steven Kinzer, Overthrow: America’s Century of Regime Change from Hawaii to Iraq

It was a century ago today* that the execution of two American soldiers of fortune set all that strife in motion.

Leonard Groce, a mining supervisor, and Lee Roy Cannon, a rubber planter, were among those hired out by the U.S.-backed rebellion of Juan Jose Estrada. Dictatorial Nicaraguan President Jose Santos Zelaya — no known relationship to his namesake bookend at the other end of that century, the recently deposed leftist Honduran President Manuel Zelaya — had earned Washington’s ire by attempting to carve out an excessively independent sphere of action for his country. Most notably, he courted European investment, and mooted funding a possible Nicaraguan competitor to the U.S.-controlled Panama Canal.

Though the Estrada insurrection was spinning its wheels militarily, Groce and Cannon would give it legs diplomatically, and afford the Yankees sufficient pretext to overthrow Zelaya directly.

These two U.S. nationals were caught mining the San Juan River in an admitted attempt to sink a Nicaraguan troop transport, and shot in El Castillo a few days later. (Here‘s Groce’s final letter to his mum — a Spanish translation; I have not been able to find the English original.)

When word reached U.S. Secretary of State Philander Knox about the shootings, he “saw an opportunity to intervene directly.”**

Knox dashed off a bellicose note to the Nicaraguan charge d’affaires calling his

regime … a blot upon the history of Nicaragua …

From every point of view it has evidently become difficult for the United States further to delay more active response to the appeals so long made, to its duty to its citizens, to its dignity, to Central America, and to civilization.

The Government of the United States is convinced that the revolution represents the ideals and the will of a majority of the Nicaraguan people more faithfully than does the Government of President Zelaya.

“Then,” says Steven Kinzer, “he issued an official legal opinion holding that because Estrada’s rebellion had given his men the ‘stature’ of belligerents, Cannon and Groce had been entitled to prisoner-of-war status. That made Zelaya a war criminal.”

Maybe Zelaya mistook the foreign bombers for “unlawful combatants.”


Groce and Cannon temporarily became a media cause celebre in the U.S. This article is from the Nov. 21, 1909 edition of the Salt Lake Herald-Republican.

By late December, with marines† landing, Zelaya bowed to the inevitable and resigned, and Nicaragua began a generation under more-or-less overt U.S. control.

That terrible miscalculation drew the United States into a century of interventions in Nicaragua. They took a heavy toll in blood and treasure, profoundly damaged America’s image in the world, and helped keep generations of Nicaraguans in misery. Nicaragua still competes with Haiti to lead the Western Hemisphere in much that is undesirable, including rates of poverty, unemployment, infant mortality, and deaths from curable diseases.

Kinzer

There’s more coverage of this episode and America’s early 20th century Nicaraguan policy in The Banana Men: American Mercenaries and Entrepreneurs in Central America, 1880-1930 and Beneath the United States: A History of U.S. Policy toward Latin America.

* A few sources give the date as the 16th, and the situation was confused and uncertain enough on the ground that early press reports elide the execution date altogether. The 17th tracks with The Banana Men, Overthrow, and the U.S. diplomatic correspondence.

** Knox, a plutocrats’ attorney from Pennsylvania and certifiable bastard, was also personally connected with Pittsburgh-based mining interests Zelaya was threatening to expropriate. Groce worked for the firm.

† Marine Corps Major (later General) Smedley Butler mounted three different expeditions to Nicaragua during the civil war following Zelaya’s departure. He would later remember of his service in America’s southerly “Banana Wars” interventions, “I spent most of my time being a high class muscle-man for Big Business, for Wall Street and for the Bankers. In short, I was a racketeer, a gangster for capitalism.”

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Entry Filed under: 20th Century,Capital Punishment,Cycle of Violence,Death Penalty,Execution,History,Mercenaries,Nicaragua,Occupation and Colonialism,Revolutionaries,Shot,Soldiers,Terrorists,USA,Wartime Executions

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284: Aper, by Diocletian

6 comments November 20th, 2008 Headsman

On this date* in 284, one of Rome’s greatest emperors claimed the purple by summarily executing his rival before the approving army in Anatolia.

The Emperor Diocletian christened his reign with a bit of scaffold theatricality, but he might have been the real perp.

For half a century, the Roman Empire had waded through crisis. In its political manifestation, a parade of forgettable emperors had marched through the throne room, each to be assassinated, overthrown, or otherwise disposed of by some equally forgettable aspirant en route to a similarly unenviable end.

At length, out of this unpropitious bunch, rose one Diocles, a low-born Dalmatian of classical education whose martial gifts saw him rise through the legions. His opportunity came when the emperor Carus, barely a year on from succeeding his assassinated predecessor, died on campaign against Persia allegedly struck by lightning (quite possibly a euphemism for something more dagger-like), leaving his son Numerian in charge.

As the army meandered back to the friendly confines, Numerian secluded himself in his litter. And after a while, the litter started to stink.

Sometime on the journey, he’d been secretly killed — but by whom?

The principals this day are our leading suspects. (And it’s a little mystifying in either case just what was gained by leaving the body hidden so long.) We turn to Gibbon to narrate what must have been a riveting — not to mention definitive — proceeding adjudicating between them a few kilometers past Nicomedia (moder Izmit, Turkey) towards Chalcedon (now the Kadikoy district of Istanbul).

A general assembly of the army was appointed to be held at Chalcedon, whither Aper was transported in chains, as a prisoner and a criminal. A vacant tribunal was erected in the midst of the camp, and the generals and tribunes formed a great military council. They soon announced to the multitude that their choice had fallen on Diocletian, commander of the domestics or body-guards, as the person the most capable of revenging and succeeding their beloved emperor. The future fortunes of the candidate depended on the chance or conduct of the present hour. Conscious that the station which he had filled exposed him to some suspicions, Diocletian ascended the tribunal, and raising his eyes towards the Sun, made a solemn profession of his own innocence, in the presence of that all-seeing Deity. Then, assuming the tone of a sovereign and a judge, he commanded that Aper should be brought in chains to the foot of the tribunal. “This man,” said he, “is the murderer of Numerian;” and without giving him time to enter on a dangerous justification, drew his sword, and buried it in the breast of the unfortunate praefect.** A charge supported by such decisive proof was admitted without contradiction, and the legions, with repeated acclamations, acknowledged the justice and authority of the emperor Diocletian.

Though there isn’t any direct evidence of it, posterity is entitled to suspect on grounds of means, motive and opportunity, that the eventual beneficiary of Numerian’s demise — the emperor henceforth known as Diocletian — was its true author.

Whether obtained by fair means or foul, Diocletian put the laurels of state to good use, stabilizing government by introducing the “Tetrarchy” — the rule of the empire’s eastern and western halves by two emperors (“Augusti”) each aided by a “Caesar” who was also the heir apparent.

Diocletian’s two decades in power before his anomalous voluntary retirement constitute a watershed in the late history of Rome, and not only because the cycle of imperial assassinations and civil war took a welcome generation-long hiatus.

Although he’s also remembered for initiating the last major persecution of Christians, his administration set the stage for the rise of Constantine the Great, the Galilean’s first imperial champion. Constantine’s father was one of the original tetrarchs, the Caesar of the west.

And in the longer term, Diocletian’s division of the empire between east and west would sow the seed of the later separation of Byzantium and Rome, and the corresponding division in the Christian world. No surprise, then, that the first ruler profiled in Lars Brownworth’s 12 Byzantine Rulers podcast is this date’s executioner:

[audio:http://www.12byzantinerulers.com/audio/02-Diocletian.mp3]

More audiophilia about Diocletian and the tetrarchs in this lecture from Isabelle Pafford’s UC-Berkeley course on Roman history. (The first 6:45 or so consists of class business and carryover from previous lectures.)

[audio:http://webcast.berkeley.edu/media/s2008/hist106b/hist106b_20080425.mp3]

* As with much in the ancient world, sourcing is tenuous, and there is some scholarly debate over whether the events in this post should be ascribed to November 20, or to November 17, or to September 17, or to some other date. Since this blog, notwithstanding its title, embraces the occasional execution whose date is uncertain, I am prepared to wave aside textual uncertainty in the interest of a ripping good story.

** According to the Historia Augusta, Diocletian had a superstitious reason to carry out this bloodthirsty act personally.

This story my grandfather related to me, having heard it from Diocletian himself. “When Diocletian,” he said, “while still serving in a minor post, was stopping at a certain tavern in the land of the Tungri in Gaul, and was making up his daily reckoning with a woman, who was a Druidess, she said to him, ‘Diocletian, you are far too greedy and far too stingy,’ to which Diocletian replied, it is said, not in earnest, but only in jest, ‘I shall be generous enough when I become emperor.’ At this the Druidess said, so he related, ‘Do not jest, Diocletian, for you will become emperor when you have slain a Boar (Latin: Aper).’ ” … It is now well known and a common story that when he had killed Aper, the prefect of the guard, he declared, it is said, “At last I have killed my fated Boar.” My grandfather also used to say that Diocletian himself declared that he had no other reason for killing him with his own hand than to fulfill the Druidess’ prophecy and to ensure his own rule. For he would not have wished to become known for such cruelty, especially in the first few days of his power, if Fate had not impelled him to this brutal act of murder.

Part of the Themed Set: The “Ex” Stands For “Extrajudicial”.

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Entry Filed under: Ancient,Assassins,Borderline "Executions",Execution,History,Murder,No Formal Charge,Notable Participants,Political Expedience,Politicians,Power,Public Executions,Put to the Sword,Roman Empire,Soldiers,Summary Executions,Turkey,Wartime Executions

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1939: Nine Czech students

2 comments November 17th, 2008 Headsman

Today is International Students’ Day and a public holiday in the Czech Republic and in Slovakia thanks to the martyrdom of nine at the hands of the Nazi occupation forces this day in 1939.

The previous fall, Hitler had cowed the allied powers into ceding the mountainous Czechoslovakian Sudetenland to the Third Reich in order to avert war — leading to Neville Chamberlain‘s famously mistaken “peace in our time” speech.

In March 1939, Germany reneged its part of the bargain and gobbled up Bohemia and Moravia, essentially the modern Czech Republic.

That this would collapse Chamberlain’s vision of peace and set Europe’s powers on the road to war with Berlin was cold comfort to the occupied Czechs. They had their own problems.

On October 28, youth demonstrations in Prague against the occupation resulted in the shooting of Charles University medical student Jan Opletal

Two weeks later he succumbed to the injury, and his funeral turned into an anti-occupation riot forcibly quashed by German arms. According to the London Times account:

On November 17 at 3 a.m., the Gestapo entered all students’ colleges, men’s and women’s, without allowing them to dress, tied the students in groups of three, and dragged them away … Between 3 o’clock and 8 o’clock in the morning the Gestapo visited students’ homes and lodgings. Those opposing arrests and parents who withheld information were immediately shot at, and the wounded were refused attention. The Gestapo broke into high schools as well as into the university …

The prisoners were taken to the Ruzyn barracks and to the Sparta football stadium, where cold water was flung over them and were made to wait until the evening. Then, in the barrack yard, 124 students and teachers* were shot before their fellow-students, the first nine being presidents of students’ associations, including the brilliant young sociologist Dr. Matoushek [English Wikipedia entry | Czech], son of a former Minister of Commerce.

Universities in the cities were declared closed for three years; they would not in fact re-open until after the war.

The day, subsequently memorialized as den boje studentu za svobodu a demokracii (Day of the Students’ Fight for Freedom and Democracy), entered Czech history a second time a half-century later. A student protest at Opletal’s grave on this date in 1989 helped catalyze the Velvet Revolution that toppled Czechoslovakia’s Communist government.

* The larger figure was circulated in the days following by Czech sources. It is not clear to me whether that number proved unfounded, or whether subsequent memorials simply came to focus on the leading nine — whose executions are certain, and were even announced by German communique.

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Entry Filed under: 20th Century,Activists,Capital Punishment,Czechoslovakia,Death Penalty,Execution,Germany,History,Martyrs,Mass Executions,No Formal Charge,Occupation and Colonialism,Popular Culture,Power,Rioting,Shot,Summary Executions,Wartime Executions

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