1996: Ellis Wayne Felker

On this date in 1996, Ellis Wayne Felker was elecrocuted for a rape-murder that — despite his classic middle name — he always maintained he did not commit.

Felker was fresh off his release from prison for aggravated sodomy in 1981 when he opened a leather shop at which a Macon Junior College student named Evelyn Joy Ludlam solicited work. Felker had none to give her — the business was failing — but he still invited her to interview.

Sometime after Ludlam interviewed at Felker’s shop on Novemer 24, 1981, her car ended up parked in the lot of the Trust Company Bank with Joy nowhere to be found. She remained missing until December 8, when a passerby found her body in Scuffle Creek outside of Macon. She had been raped, sodomized, and throttled.

Evidence incriminating Felker was circumstantial but suggestive: Felker was the last person who could be shown to have seen Joy Ludlam alive, and that under duplicitous circumstances; he had shifted his account of his contact with Ludlam during the crucial hours as evidence came in; he had gone out for an unexplained drive late the night of her disappearance; some bruises on the victim’s body suggested bondage sex and Wayne, a BDSM aficionado, had suspiciously disposed of some leather restraints shortly after Joy vanished. Plus, of course, there was that previous sexual assault conviction.

On the other hand, the initial autopsy and some expert testimony concerning the body’s condition suggested that Joy had died just a few days before she was pulled out of the creek — a timeline which would have ruled Felker out as a suspect since he was under police surveillance from the evening of November 25. (The revision of the autopsy’s initial, Felker-exonerating timeline, and the subsequent expert dispute over the expected state of a body submerged in water after X number of days forms a sizable part of the record. We at Executed Today have no ranks in this coroner’s science, but would note that she was found wearing the clothes she donned for her November 24 visit to Felker’s leather shop.) And years after the trial, boxes of evidence that the state had illegally failed to disclose to Felker’s defense team were discovered. They contained interviews with other witnesses, a highly dubious signed confession by a mentally disabled man, and human tissue.

The last really sticks in craw: courts in 1996, when DNA was still only emerging as a forensic force, refused to allow the sample to be tested on the Kafkaesque procedural grounds that the request had not been made earlier in the process — you know, before the defense knew there was such a sample to test, and/or before DNA testing was a thing. Partial credit for the frustration of Felker’s appeal routes goes to that relic of 1990s death penalty mania, the Antiterrorism and Effective Death Penalty Act. This law, which limited (and still limits) capital defendants’ access to federal habeas corpus relief was actually upheld by the U.S. Supreme Court in June 1996 via Felker’s own case: the key ruling is Felker v. Turpin.

He wasn’t through making history after he died, either.

In what was thought to be a first in 2000, a consortium of media organizations footed the bill for posthumous DNA testing of those recovered hair and fingernail samples, with the potential to deliver an embarrassing four-years-too-late exoneration.

The result: inconclusive.

On this day..

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