Indiana Death Row (1977-2013)
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INDIANA DEATH ROW (1977-2013) ALLEN, HOWARD A., JR. # 56 ON DEATH ROW SINCE 08-30-88 DOB: 02-10-1949 DOC#: 881978 Black Male Marion County Superior Court Judge John R. Barney, Jr. Trial Cause #: CR87-194C Prosecutor: Thomas W. Farlow, Robert P. Thomas, John V. Commons Defense: Alex R. Voils, Jr., David B. Sexton Date of Murder: July 14, 1987 Victim(s): Ernestine Griffin W / F / 73 (No relationship to Allen) Method of Murder: stabbing with butcher knife Summary: Ernestine Griffin was an elderly woman who lived alone near 57th and Keystone in Indianapolis. She lived next to the dental office of Dr. Seaman, who knew her quite well. One day Griffin called and advised that a man had stopped by her house inquiring about an old car Dr. Seaman had for sale. Griffin stated that she had the man write down his name and number and she passed it along to Dr. Seaman: “Howard Allen 545-4109.” The next morning, Dr. Seaman walked over to her house and discovered Griffin’s body lying on the floor with a butcher knife in her chest. Griffin also suffered a blunt force injury to her face. A note with the name and phone number of Allen was found in the kitchen. A handwriting expert would later testify that Allen had indeed written the note. Allen at first denied all knowledge of Griffin or Dr. Seaman. Over several hours of questioning, he finally admitted that he had been in the home asking about the car and had struck her with his fist. He stated that he did so only after Dr. Seaman had insulted him on the phone and Griffin had cussed him. Finally, he said, “I didn’t stab the lady, but if I did, I need help.” A co- worker at the car wash where Allen worked testified that Allen had given him a camera on the day of the murder to put in a locker. The camera was identified by serial number and the film still in the camera as belonging to Griffin. Trial: Information/PC for Murder Filed (07-15-87); Death Sentence Request Filed (08-31-87); Jury Trial (06- 08-88, 06-09-88, 06-10-88); Verdict (06-11-88); DP Trial (06-11-88, 06-12-88); DP Verdict (06-13-88); Court Sentencing (08-30-88). Conviction: Murder, Felony-Murder, Robbery (A Felony) Sentencing: August 30, 1988 (Death Sentence, 50 years - Murder/Felony Murder merged) Aggravating Circumstances: b (1) Robbery Mitigating Circumstances: dysfunctional family, education, and social environment parents separated and divorced mental retardation, low intelligence, mental instability -283- Direct Appeal: Allen v. State, 686 N.E.2d 760 (Ind. September 25, 1997) (49S00-9207-DP-566) Conviction Affirmed 5-0 DP Affirmed 5-0 Shepard Opinion; Dickson, Sullivan, Selby, Boehm concur. For Defendant: Brent L. Westerfeld, Indianapolis For State: Arthur Thaddeus Perry, Deputy Attorney General (Modisett) Allen v. Indiana, 119 S.Ct. 807 (1999) (Cert. denied) In the Matter of Hatfield, 607 N.E.2d 384 (Ind. January 25, 1993) (49S00-9301-MS-152) (Court Reporter found in contempt for failure to meet deadlines) In the Matter of Sexson, 666 N.E.2d 402 (Ind. June 14, 1996) (49S00-9509-DI-1068) (Disciplinary proceeding; by agreement, attorney Sexton suspended from practice for 6 months with automatic reinstatement - Missed appellate deadlines, filed 20-page brief, was paid $40,743.50 and billed an additional $13,097.00 for appellate work) Per Curiam Opinion; Shepard, Debruler, Sullivan, Selby concur; Dickson dissents believing sanction inadequate. PCR: PCR Petition filed 12-15-98. Amended PCR Petition filed 06-07-99, 07-13-99. State’s answer filed 01-14-99. Answer to Amended PCR Petition filed 06-04-99, 07-19-99. PCR Hearing 07-19-99, 07-20-99, 07-21-99. Special Judge Raymond D. Kickbush. For Defendant: Joanna Green, Kathleen Cleary, Danielle Gregory, Deputy Public Defenders (Carpenter). For State: Michael A. Hurst, Priscilla J. Fossum, Deputy Attorneys General (Modisett). PCR Petition denied 10-06-99. Allen v. State, 749 N.E.2d 1158 (Ind. June 29, 2001) (49S00-9804-PD-249) (Appeal of PCR denial by Special Judge Raymond D. Kickbush) Affirmed 5–0; Sullivan Opinion; Shepard, Dickson, Boehm, Rucker concur. For Defendant: Joanna Green, Kathleen Cleary, Danielle Gregory, Deputy Public Defenders (Carpenter). For State: Priscilla J. Fossum Deputy Attorney General (Freeman-Wilson). Allen v. Indiana, 122 S.Ct. 1925 (2002) (Cert. denied). Successive PCR Petition tendered, claiming retardation and citing Atkins v. Virginia. 07-15-03 Indiana Supreme Court declines to authorize Successive PCR. Habeas: 03-18-02 Petition for Habeas Corpus filed in U.S. District Court, Southern District of Indiana. Howard A. Allen, Jr. v. Cecil Davis, Superintendent (IP 01-1658-C-T/K) Judge John D. Tinder. For Defendant: Alan M. Freedman, Evanston, IL; Laurence E. Komp, Ballwin, MO. For State: Stephen R. Creason, Deputy Attorney General (S. Carter) 09-30-02 Petitioner’s Memorandum in support of Writ of Habeas Corpus filed. 04-18-03 Response and Memorandum filed in opposition to Writ of Habeas Corpus. 09-05-03 Petitioner’s Reply Memorandum in support of Writ of Habeas Corpus filed. 11-07-03 Response to Petitioner’s Traverse filed. 01-27-05 Supplement filed in opposition to Writ of Habeas Corpus. 03-30-05 Supplement filed in support of Writ of Habeas Corpus. 09-19-03 Writ of Habeas Corpus denied. Allen v. Buss, 558 F.3d 657 (7th Cir. March 11, 2009) (07-2486) (Appeal of denial of Writ of Habeas Corpus) Reversed and remanded 3-0; Opinion by Judge Anne Claire Williams Judge Ilana Diamond Rovner and Judge Joel M. Flaum concur. (“for an evidentiary hearing to address whether Allen is mentally retarded under Indiana law”) -284- For Defendant: Alan M. Freedman, Laurence E. Komp, Midwest Center for Justice, Chicago, IL For State: Stephen R. Creason, Deputy Attorney General (G. Zoeller) Allen v. Wilson, 2012 WL 2577492 (S.D. Ind. July 3, 2012) (1:01-cv-1658-JDT-TAB) On remand, evidentiary hearing was held on July 19-21, 2010. Two years later, U.S. District Judge John Daniel Tinder holds that Allen is mentally retarded as defined under Indiana Law and entitled to relief under Atkins. AVERHART, RUFUS LEE # 15 & # 84 (Zolo Agona Azania) OFF DEATH ROW SINCE 10-17-08 DOB: 12-12-54 DOC# 4969 Black Male Allen County Superior Court Judge Alfred W. Moellering Venued from Lake County Trial Cause #: CR-81-401 (Allen County) Prosecutor: John M. McGrath, James W. McNew Defense: David R. Schneider Date of Murder: August 11, 1981 Victim(s): George Yaros W / M / 57 (Gary Police Officer - No relationship to Averhart) Victim Website: http://home1.gte.net/joking1/yaros.htm Method of Murder: shooting with .44 handgun Summary: Averhart, Hutson and North robbed the Gary National Bank and shot Gary Police Officer George Yaros, who was arriving on the scene. As they fled to their car, Averhart stopped and again shot Officer Yaros at close range. A high-speed chase/shootout resulted in the getaway car crashing into a tree. Averhart was followed from the scene, and with the aid of bystanders was discovered walking nearby. The gun used to shoot and kill Officer Yaros, a gun taken from the bank security guard, and a wig worn by Averhart during the robbery were also recovered. Trial: Voir Dire (04-19-82, 04-20-02); Jury Trial (04-21-82, 04-22-82, 04-23-82, 04-26-82); Defendant presented no witnesses, submitted no jury instructions; Deliberations 1 hour, 15 minutes; Verdict (04- 26-82); DP Trial (04-27-82); Defendant presented no witnesses, submitted no jury instructions; Deliberations 3 hours, 20 minutes; Verdict (04-27-82); Court Sentencing (05-25-82). Conviction: Murder, Felony Murder (Tried jointly with Hutson and North; all three convicted as charged; DP sought against all three but jury recommended death for Averhart only) Sentencing: May 25, 1982 (Death Sentence - Murder/Felony Murder merged; Hudson and North sentenced to 60 years) Aggravating Circumstances: b(1) Robbery b(6) Victim was law enforcement officer Mitigating Circumstances: None -285- Inmate Website: http://www.ccadp.org/zoloazania.htm http://www.prairiefire.org/freezoloazania.html http://www.kersplebedeb.com/mystuff/profiles/azania.html Direct Appeal: Averhart v. State, 470 N.E.2d 666 (Ind. October 29, 1984) (1182-S-414) Conviction Affirmed 5-0 DP Affirmed 5-0 Pivarnik Opinion; Givan, Debruler, Hunter, Prentice concur. For Defendant: Stephen C. Bower, Kentland, Special State Public Defender For State: Joseph N. Stevenson, Deputy Attorney General (Pearson) Averhart v. Indiana, 105 S.Ct. 2051 (1985) (Cert. denied) PCR: PCR Petition filed 09-23-85. Amended PCR Petition filed 03-31-86, 12-07-86, 05-18-87. State’s answer filed 10-23-85. Answer to Amended PCR Petition filed 04-28-86, 05-19-86, 01-30-87, 02-24-87, 08-03-87. Hearing 05-19-86 to 05-23-86, 08-21-86 to 08-22-86, 05-18-87 to 05-20-87. (10 days) Special Judge Vern E. Sheldon For Defendant: Michael Freese, Rhonda Long-Sharp, Linda Rodriguez, Deputy Public Defenders For State: James McNew, Michael Thill PCR Petition denied 02-23-88. Averhart v. State, 614 N.E.2d 924 (Ind. May 27, 1993) (02S00-8808-PC-751) (Appeal of PCR denial by Special Judge Vern E. Sheldon) Conviction Affirmed 5-0 DP Vacated 4-1 Per Curiam Opinion; Shepard, Debruler, Dickson, Krahulik concur; Givan dissents. (Reversed on grounds of ineffective counsel - failure to present mitigating evidence, and based upon the State’s failure to provide gunshot residue tests; remanded for new jury and judge sentencing hearing or imposition of sentence for a term of years) For Defendant: Rhonda Long-Sharp, Valerie K.