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Brian Moore Kentucky Death Row

Brian Moore was sentenced to death by the State of Kentucky for the kidnapping, robbery and murder of an elderly man. According to court documents Brian Moore would kidnapped the victim as he was walking back to his vehicle, the 79 year old man would rob the victim before killing him. Brian Moore would be arrested, convicted and sentenced to death.

Kentucky Death Row Inmate List

Brian Moore 2021 Information

Name:	MOORE, BRIAN KEITH Active Inmate DEATH ROW
PID # / DOC #:	202593 / 031900
Institution Start Date:	12/04/1979
Expected Time To Serve (TTS):	DEATH SENTENCE
Classification:	Maximum
Minimum Expiration of Sentence Date (Good Time Release Date): ?	DEATH SENTENCE
Parole Eligibility Date:	DEATH SENTENCE
Maximum Expiration of Sentence Date:	DEATH SENTENCE
Location:	Kentucky State Reformatory
Age:	63
Race:	White
Gender:	M
Eye Color:	Brown
Hair Color:	Brown
Height:	5′ 10″
Weight:	358

Brian Moore More News

Moore was sentenced to death on November 29, 1984 in Jefferson County for kidnapping, robbery and the murder of 79 year old Virgil Harris on August 10, 1979 in Louisville, Kentucky. Mr. Harris was returning to his car from a grocery store parking lot when he was abducted, driven to a wooded area of Jefferson County and killed.

Brian Moore Other News

The proof introduced by the Commonwealth showed that the decedent, Virgil Harris, was a 77 year-old man who owned and operated an ice cream shop located on Seventh Street in Louisville. He had a regular daily routine which consisted of arriving at the store at 8:30 a. m., going to the bank at about 10:00 a. m., and then to the A&P grocery store. On August 10, 1979, Harris left his store at 11:20 a. m., driving his 1978 maroon Buick. He went to the Liberty National Bank in Shively where he made a deposit and picked up several rolls of coins. After leaving the bank, he purchased bananas at the A&P.

Shortly before noon, an eyewitness in the A&P parking lot saw a young man answering the description of appellant standing near the door of a maroon car, pointing a gun at the driver, an “older” man. Later in the day, appellant was seen driving a maroon Buick. He told a witness that the car belonged to his uncle and that he (appellant) was going to take over the payments.

Lynn Thompson and Kenny Blair, friends of appellant, lived together in an apartment on Shady Villa Drive in Louisville. Appellant spent the night with them on August 8 and 9. Thompson testified that on the afternoon of August 10, Moore came to the apartment carrying a paper sack which contained a money bag, a gun, a clip, several rolls of coins, and some bananas. Appellant stated to her that he had just robbed a “place” of $250.00. He later told Blair that he had followed a man to his car and demanded his money. The man gave appellant the money and then pulled a mask from appellant’s face. Appellant told Blair that he wasn’t going to let the man live and testify against him, and that he drove the man to the Jefferson Hill Road where he shot and killed him.

Following this conversation with appellant, Blair, who was seeking probation for a recent felony conviction, called his attorney, Murray Turner, and informed him that he had some information about a murder. Turner contacted Judy Feldkamp, an assistant Commonwealth’s attorney, and sought a “deal” whereby the Commonwealth would recommend probation for Blair in return for his testifying about the murder.

*430 The police discovered Virgil Harris’ car in the parking lot at the Shady Villa Apartment, and found that appellant had the car keys in his possession. He also was wearing Harris’ wristwatch. Blair took the police to the scene of the murder, claiming that appellant had taken him there. A battery of scientific tests introduced by the Commonwealth showed that appellant had recently fired a gun, that he had soil on his trousers which was similar to that at the crime scene, and that appellant’s fingerprints were in Harris’ car and on the coin wrappers. Following appellant’s arrest, he made a verbal confession. Evidence of the confession was admitted by the trial judge following a suppression hearing.

Appellant denied that he was guilty and claimed that Kenny Blair was the culprit. There was evidence that appellant was a regular drug user, and he claimed that he was “high” on the day of the crimes. Appellant denied having fired a gun and stated that he had lent the gun to Blair. He admitted driving Harris’ car, but stated that Blair had stolen it and that he had borrowed it from Blair. He denied having made the confession to the police. A witness for appellant, James Lofton, who was a prisoner in the Jefferson County Jail, testified that Blair had told him (while both were incarcerated) that he himself had robbed and killed Harris and that he was setting appellant up for Harris’ murder.

Appellant has raised thirty alleged errors with respect to both the guilt and the sentencing phases of the trial. While we have examined all points raised, we will discuss only those which have any substance. We have found those not discussed to be without merit.

https://law.justia.com/cases/kentucky/supreme-court/1982/634-s-w-2d-426-1.html

William Meece Kentucky Death Row

William Meece was sentenced to death by the State of Kentucky for a triple murder. According to court documents William Meece would he shot Joseph and Elizabeth Wellnitz and their son, Dennis Wellnitz, while breaking into their home. William Meece would be arrested, convicted and sentenced to death.

Kentucky Death Row Inmate List

William Meece 2021 Information

Name:	MEECE, WILLIAM HARRY Active Inmate DEATH ROW
PID # / DOC #:	62473 / 167032
Institution Start Date:	7/29/2003
Expected Time To Serve (TTS):	DEATH SENTENCE
Classification:	Maximum
Minimum Expiration of Sentence Date (Good Time Release Date): ?	DEATH SENTENCE
Parole Eligibility Date:	DEATH SENTENCE
Maximum Expiration of Sentence Date:	DEATH SENTENCE
Location:	Kentucky State Penitentiary
Age:	48
Race:	White
Gender:	M
Eye Color:	Hazel
Hair Color:	Brown
Height:	6′ 0 “
Weight:	291

William Meece More News

Meece was convicted of 3 counts of murder, burglary in the 1st degree, and robbery in the 1st degree. He was sentenced to death on November 9, 2006 in Warren County. On February 26, 2003, he shot Joseph and Elizabeth Wellnitz and their son, Dennis Wellnitz, in their home, in Columbia, Kentucky. Meece was originally indicted in Adair County, case 03-CR-00020. However, on June 30, 2006, a change of venue was entered and the case was moved to Warren County, case 06-CR-00656.

William Meece Other News

A woman who admitted plotting to kill her parents and brother in one of Adair County’s most notorious murders was found dead in her jail cell Wednesday.

The death of Meg Wellnitz Appleton is being investigated as a suicide, said Lisa Lamb, spokeswoman for the Kentucky Department of Corrections.

Appleton was being held at the state’s prison for female offenders at Pewee Valley. Staff members found her about 7 a.m. Wednesday.

The Department of Corrections did not release details about the method of her death. State police are investigating.

Appleton pleaded guilty in 2005 in the murders of her adoptive parents, Joseph and Beth Wellnitz, and her brother Dennis Wellnitz.

Joseph Wellnitz, 50, was a well-known veterinarian; his wife, who was 40, helped in the clinic. Dennis Wellnitz, 20, was attending college.

An accomplice, William Harry Meece, was convicted of sneaking into the Wellnitz’s home outside Columbia and shooting all three victims more than once, reloading to finish off Dennis Wellnitz.

The murders happened in February 1993. State police doggedly pursued the case for a decade, finally getting a break when Meece’s ex-wife agreed to provide information.

Money was the motive in the crime. Appleton got $300,000 in insurance after her parents were killed, and Meece expected to get a share, the prosecutor said.

Meece had worked as a cab driver and landscaper in Lexington and had attended the University of Kentucky, where he and Appleton met.

Appleton was serving a sentence of at least 25 years without parole.

Meece claimed he had nothing to do with the killings. A jury convicted him in less than two hours, however, and the judge sent him to Death Row.

He continues to fight the conviction and sentence.

https://www.kentucky.com/news/state/kentucky/article44471388.html

David Matthews Kentucky Death Row

David Matthews was sentenced to death by the State of Kentucky for a double murder. According to court documents David Matthews shot to death his estranged wife and mother in law before robbing the house. David Matthews would be arrested, convicted and sentenced to death

Kentucky Death Row Inmate List

David Matthews 2021 Information

Name:	MATTHEWS, DAVID EUGENE Active Inmate DEATH ROW
PID # / DOC #:	209740 / 032817
Institution Start Date:	11/22/1982
Expected Time To Serve (TTS):	DEATH SENTENCE
Classification:	Maximum
Minimum Expiration of Sentence Date (Good Time Release Date): ?	DEATH SENTENCE
Parole Eligibility Date:
Maximum Expiration of Sentence Date:	DEATH SENTENCE
Location:	Kentucky State Penitentiary
Age:	72
Race:	White
Gender:	M
Eye Color:	Green
Hair Color:	Brown
Height:	5′ 6 “
Weight:	205

David Matthews More News

Matthews was sentenced to death on November 11, 1982 in Jefferson County for the murders of Mary Matthews and Magdalene Cruse on June 29, 1981 in Louisville, Kentucky. Mary Matthews was his estranged wife and Magdalene Cruse was his mother-in-law. In the process of committing these crimes, he burglarized his wife’s home. He was tried and convicted on October 8, 1982.

David Matthews Other News

Matthews and his wife, Marlene, had been married for about two and a half years before the murders. During the last year their marriage had undergone repeated periods of separation, during which Matthews lived with his mother. These separations were marked by extreme hostility, and Marlene often swore out criminal warrants against her husband for harassment.

In the five week period immediately before the murders occurred, Marlene had procured two separate warrants against Matthews. The first charged him with sexual abuse of his step-daughter, Marlene’s six year old daughter. The second charged him with burglary by breaking into Marlene’s residence. Matthews had been arrested on the first warrant and released under a court order forbidding him further contact with Marlene. He was not served with the burglary warrant until after the crimes at issue had occurred.

During the early morning hours of June 29, 1981, the victims were murdered in separate rooms at the home occupied by Marlene and her daughter. The house was rented from Marlene’s family. Both victims were shot with a .22 caliber revolver fired from no more than eighteen inches away. Apparently Marlene died almost immediately. Marlene’s father, Lawrence Cruse, came over the next morning and discovered her mother still alive, but mortally wounded. She had been shot in the head. He also found his daughter who had been shot twice, once in the chest and once in the back. Cruse found the side door screen had been cut and the glass broken, and a pocketknife on the steps.

Appellant did not testify at trial. The evidence that he had broken into the house and that he was responsible for the shootings, however, was both overwhelming and uncontradicted. Defense counsel conceded from the outset of the trial that the appellant killed the two victims. His defense consisted of presenting evidence that he was acting under the influence of extreme emotional disturbance at the time, so that it was manslaughter, not murder.

To establish extreme emotional disturbance, appellant relied on the combined effect of testimony from a number of people about the long history of significant marital strife. Appellant also introduced testimony from a psychiatrist to show that, at the time of the homicides, he was suffering from an adjustment disorder, designated “a temporary emotional and behavioral disturbance” causing temporary impairment of judgment, poor self-control and diminished awareness.

In the account of the events on the night of the murder given by the appellant to the psychiatrist, the appellant said that he broke into his wife’s home at about 1:00 or 2:00 a.m. He found his mother-in-law in bed and shot her. She was left mortally wounded. He then went into the next room, had sexual relations one or two times with his wife, stayed with her until about 6:00 a.m., and shot and killed her. He shot his wife twice because he thought he had missed the first time.

https://law.justia.com/cases/kentucky/supreme-court/1985/709-s-w-2d-414-1.html

Donald Johnson Kentucky Death Row

Donald Johnson was sentenced to death by the State of Kentucky for the sexual assault and murder of a woman. According to court documents Donald Johnson would enter the Bright and Clean Laundry in Hazard Kentucky where he would sexually assault the clerk before murdering her. Johnson would rob the business before fleeing. Donald Johnson would be arrested, convicted and sentenced to death.

Kentucky Death Row Inmate List

Donald Johnson 2021 Information

Name:	JOHNSON, DONALD HERB Active Inmate DEATH ROW
PID # / DOC #:	239946 / 127510
Institution Start Date:	10/03/1997
Expected Time To Serve (TTS):	DEATH SENTENCE
Classification:	Maximum
Minimum Expiration of Sentence Date (Good Time Release Date): ?	DEATH SENTENCE
Parole Eligibility Date:	DEATH SENTENCE
Maximum Expiration of Sentence Date:	DEATH SENTENCE
Location:	Kentucky State Penitentiary
Age:	53
Race:	White
Gender:	M
Eye Color:	Blue
Hair Color:	Red or Auburn
Height:	6′ 03″
Weight:	205

Donald Johnson More News

Johnson was sentenced to death on October 1, 1997 in Floyd County for the stabbing death of Helen Madden. Ms. Madden’s body was found on November 30, 1989 at the Bright and Clean Laundry in Hazard where she was employed. It was determined that she had also been sexually assaulted. Johnson was arrested on December 01, 1989 and charged with murder, robbery, and burglary. The charge of 1st degree sexual assault was added later.

Donald Johnson Other News

In November 1989, “Helen Madden was beaten, stabbed, mutilated, and tortured to death in the supply storage room of the Laundromat where she worked. Her body was so disfigured that a co-worker of thirteen years was unable to identify her.” Johnson v. Commonwealth, 103 S.W.3d 687, 690 (Ky.2003). She had also been sexually assaulted Donald Johnson was arrested and prosecuted for the crimes.

In 1994, Donald Johnson appeared before a special judge, John David Caudill,¹ and entered an unconditional guilty plea to charges of murder, first-degree burglary, and two counts of first-degree sexual abuse. The prosecution, which was seeking the death penalty, asked for jury sentencing. Johnson opposed this and asked that the judge sentence him. Though he did not raise the issue at that time, Johnson now claims that he was induced to enter the guilty plea by a promise from Judge Caudill to give him less than the death penalty and his lawyer’s threat to withdraw from the representation. On an interlocutory appeal, this Court held that the prosecution “can insist on jury-recommended sentencing over a defendant’s objection.” Id. (citing Commonwealth v. Johnson, 910 S.W.2d 229 (Ky.1995)). The case was remanded for a jury sentencing hearing. Id.

After this Court remanded the case, Johnson moved to withdraw his guilty plea. At that time, he again did not raise any issue about an alleged promise by the trial judge to give him less than the death penalty. His motion was denied.

In 1997, a few months before the sentencing hearing, Johnson’s defense counsel, Mike Williams and Kelly Gleason, withdrew from his representation. They claimed to have been ineffective by failing to advise Johnson that he could have entered into a conditional guilty plea and that he had the right to a speedy trial. Another lawyer, Vince Yustas, was assigned to the case and represented Johnson at the sentencing hearing. According to Yustas, Williams and Gleason led him to believe the judge had either agreed to or in some way indicated that he would give Johnson life without the possibility of parole for 25 years (LWOP 25) instead of death. Yustas claimed he believed them and thus worked to get the prosecution to agree to judge sentencing instead of the jury sentencing it could demand. He was successful and ultimately the prosecution consented to sentencing “solely by the trial court without intervention of a jury.” Id.

Yustas admitted that shortly before the sentencing hearing was to be held, the prosecution stated that it would seriously consider an offer of LWOP 25 if Johnson would make one. Johnson made no such offer, however, and the matter proceeded to sentencing.

After the sentencing hearing, Judge Caudill sentenced Johnson to death. On direct appeal, this Court affirmed. Id. at 698.

https://caselaw.findlaw.com/ky-supreme-court/1643227.html

James Hunt Kentucky Death Row

James Hunt was sentenced to death by the State of Kentucky for the murder of his wife. According to court documents police would show up at a residence and find Bettina Hunt shot numerous times and dead at the scene. James and Bettina had separated weeks before due to domestic violence. James Hunt would track down his wife and break into the residence before shooting her multiple times. James Hunt would be arrested, convicted and sentenced to death

Kentucky Death Row Inmate List

James Hunt 2021 Information

Name:	HUNT, JAMES Active Inmate DEATH ROW
PID # / DOC #:	120215 / 182954
Institution Start Date:	8/07/2006
Expected Time To Serve (TTS):	DEATH SENTENCE
Classification:	Maximum
Minimum Expiration of Sentence Date (Good Time Release Date): ?	DEATH SENTENCE
Parole Eligibility Date:	DEATH SENTENCE
Maximum Expiration of Sentence Date:	DEATH SENTENCE
Location:	Kentucky State Penitentiary
Age:	72
Race:	White
Gender:	M
Eye Color:	Hazel
Hair Color:	Gray or Partially Gray
Height:	5′ 6 “
Weight:	130

James Hunt More News

James Hunt was sentenced to death on July 28, 2006 in Floyd County for burglary I, wanton endangerment in the 1st degree, and the murder of Bettina Hunt, his estranged wife. On November 30, 2004 when the officers arrived at the scene they found the body of Bettina Hunt with bullet wounds to the arms, cheek area of the face, and a wound between the bridge of her nose and left eye. The victim’s infant granddaughter was also in the home. The victim was pronounced dead at the residence. Troopers were advised that Bettina Hunt’s estranged husband was involved in a one-vehicle accident approximately 200 feet from the residence. Upon further investigation and collection of evidence, James Hunt was lodged in the Pike County Detention Center and charged with murder. Trail began on May 15, 2006. The jury returned a verdict of guilt to murder, burglary, burglary 1st degree, and wanton endangerment 1st degree. James Hunt was sentenced to death on the murder charge. Hunt consented to allow the court to sentence him on the remaining charges.

James Hunt Other News

Hunt and the victim, Bettina Hunt, were married in 1991. During their relationship the couple had recurring problems. Bettina had petitioned for domestic violence protective orders against Hunt in 1998 and 2002. She filed for divorce in 2002, and again in July 2004-four months prior to her murder.

In the months before the murder, the couple was again having considerable problems. Much of the strain was related to Bettina’s preoccupation with her drug-addicted daughter from a prior marriage, Veronica Harris, and Veronica’s newborn baby, Katrina. Katrina was born prematurely and suffered from severe health problems requiring round-the-clock care. After the baby’s birth, Bettina gained custody of the child and during the months preceding her murder spent much of her time taking care of the infant.

In November 2004, Bettina was separated from Hunt and lived with Katrina at a residence owned by her mother located on Buck Branch Road in Floyd County, Kentucky. Her former sister-in-law, Lula Dillon, came to the residence five to six days a week to help Bettina take care of Katrina, and was there on Tuesday, November 30, 2004. Lula testified that Hunt called several times that day, including a call that came in at about 6:20 to 6:25 p.m. Lula noted that the conversation was argumentative, and that Bettina told Hunt she intended to see a divorce lawyer in a few days and wanted to go through with the divorce. Lula left the residence, just after the phone conversation ended.

Shortly thereafter, Bettina placed a call to her brother.¹ He was not home, and Bettina ended up speaking with her sister-in-law, Karen Chaffins. The two talked at length about a variety of issues involving Hunt. A few minutes after 7:00 p.m., Bettina told Karen that “he”-meaning Hunt-was at the door, that she would send him away, and would then call Karen right back.² According to phone records, that phone call ended at 7:05 p.m.

Three minutes later, at 7:08 p.m., Bettina called 911. A recording of the call began when emergency dispatch personnel answered the line; however, it appears that Bettina was unaware that the call had been answered, as she did not communicate the emergency to the 911 operator.

On the 911 recording, a threatening male voice and a panicked female voice can be heard. The male voice can be heard saying, “maybe if I shoot you-you (inaudible).” The female voice is heard pleading with the man-stating in a terrified tone-“no, I promise” and “stop-please no.” After additional inaudible conversation and commotion, the same threat to shoot the woman is repeated, and again the woman is heard begging for her life. Subsequently, a gunshot is heard. The woman can be heard crying hysterically and frantically screaming. A second shot is then heard, followed by silence.

A short time later and only a few hundred feet from the murder scene, Hunt ran his car off of a bridge. The vehicle landed upside down and became partially submerged in the creek below. Various passers-by stopped to assist Hunt. When one of them, Judy Flannery, first observed Hunt, she noticed that he held something in his left hand. Hunt walked behind a nearby tree and when he reemerged, his hands were empty. The next day Judy’s husband, Rabon Flannery, searched the area near the tree where Judy believed she saw Hunt leave something. Rabon found a silver Smith & Wesson .357 revolver later determined to be the murder weapon, in the creek. The confirmation that the weapon was the murder weapon was based upon a matching of the weapon to spent rounds discovered at the murder scene.

Soon after the shooting, police officers arrived at the scene of the wreck and arrested Hunt, who was visibly intoxicated. He denied any knowledge of the nearby shooting. His vehicle was pulled from the creek. While walking around the vehicle, Detective Dwayne Price observed a shell casing resting on the rubber window seal where the glass for the passenger-side window opens and closes. Price took possession of the shell casing. Later testing determined it to have been fired from the murder weapon. Similarly, ballistics testing of other shell casings found at the murder scene determined that they were fired from the same weapon. The spent rounds were of a relatively unusual type of .38 caliber ammunition.³ It was later determined that Hunt had several unspent rounds of the same unusual ammunition in his jacket pocket.

Other forensic evidence also linked Hunt to the murder. For example, the clothing worn by Hunt on the date of the murder was examined by forensic experts. DNA testing conclusively determined that blood found on Hunt’s jacket in two locations was Bettina’s. In addition, blood taken from a juice bottle located on Bettina’s kitchen table was conclusively linked to Hunt. Similarly, blood from part of a t-shirt stuffed inside the bottle and a band-aid attached to the bottle were also matched to Hunt.⁴

Hunt was originally indicted only for murder and first-degree burglary. A superseding indictment adding first-degree wanton endangerment as a charge was later returned. A jury trial was held beginning May 15, 2006, and concluding June 1, 2006. Hunt’s defense was that someone else committed the crimes. Following the presentation of evidence, the jury returned guilty verdicts on all three charges. Hunt was sentenced to death on the murder charge, and to twenty years and five years, respectively, on the burglary and wanton endangerment charges. This appeal followed. We address the twenty-four enumerated issues raised by Hunt in the order they are presented in his brief.

https://caselaw.findlaw.com/ky-supreme-court/1505613.html