Roy Ellis Nebraska Death Row

roy ellis nebraska death row

Roy Ellis was sentenced to death by the State of Nebraska for the murder of a twelve year old girl. According to court documents Roy Ellis would abduct twelve year old Amber Harris who was sexually assaulted before being murdered after Ellis struck her twice in the head with a hammer. Roy Ellis was arrested, convicted and sentenced to death.

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Roy Ellis once told a fellow inmate that he killed Amber Harris, getting her blood on the hood and bumper of his car, according to newly released court records.

In a recorded jailhouse phone call to a girlfriend, Ellis also said that “something happened” in November 2005 — the month that Amber, 12, disappeared on her way home from a school bus stop. She was not seen again until May, when her remains were discovered, half-buried, in Hummel Park.

Amber died from blunt-force trauma to the head. Ellis, 53, is charged with first-degree murder in her death. Prosecutors say he killed Amber in an attempt to conceal a sexual assault or attempted sexual assault.

Prosecutors are seeking the death penalty against him.

In eight search warrants unsealed Wednesday in Douglas County District Court, Omaha police investigators detailed evidence and interviews that led them to believe that Ellis killed Amber, including:

A police interview with a man who had been incarcerated with Ellis. Ellis reportedly told the man that he had killed Amber, and in killing her got blood on his car.

Ellis also told the man he tried to use a cloth to wipe up the blood.

Conversations Ellis had in jail with a corrections officer in February and March 2006. Ellis showed an “intense interest” in news reports concerning Amber, and asked the officer how long it would take a body to decompose after it had been buried.

When the officer replied that it could take up to two years, Ellis became visibly upset.

Ellis also asked the officer how long DNA in blood and semen would be viable for forensic testing.

Recorded jailhouse telephone conversations Ellis had with his girlfriend. After Amber disappeared, Ellis told the woman that “something happened last month but I don’t want to talk about it.”

Ellis told her that he had been “evil the last couple of months because of things going on in my life and not because of you.”

Recorded jailhouse telephone conversations Ellis had with a friend. Ellis told the man, “I need to clean my trail.”

The man told police that he let Ellis use his 1990 Oldsmobile Cutlass in November and December 2005, including one time during which Ellis kept the car overnight. Omaha police cut out cloth from the car’s seat covers and headrests for testing.

Investigators did the same to Ellis’ car, a 1988 silver Mercedes-Benz. From his car, they also seized cloth gloves, soil samples from its wheel wells and eyeliner from under a back seat.

From the house where he was staying, 2125 Ohio St., they seized a letter Ellis had written from jail, leather boots, a gold bracelet, a wood-handled hammer and a shovel with a broken handle.

DNA testing confirmed the presence of Amber’s blood on her jeans and jacket, which were in her book bag that was discovered Feb. 14, 2006, in a trash bin a block from Ellis’ home.

Ellis’ DNA showed up on the left leg of her jeans, near the hem.

A man who knows Ellis told police Ellis once described how he liked to intimidate females. Ellis would take a woman to a wooded area, dig a grave and then threaten to put her in it, the man told police.

Antoinette Pollock, a former Ellis girlfriend, told investigators that Ellis did that to her in September 2005 — two months before Amber disappeared on Nov. 29.

In court earlier Wednesday, Ellis waived his right to a preliminary hearing. At such hearings, a judge typically determines whether enough evidence exists for a case to move to trial.

Michael and Melissa Harris, Amber’s parents, were prepared to hear detectives testify about the evidence police have against Ellis.

To their disappointment, they didn’t get the chance.

Police officers usually testify at preliminary hearings about the evidence prosecutors are relying on to bring charges against a person.

Instead of hearing the details during Ellis’ brief appearance in court, the Harrises could only stare at Ellis.

Melissa Harris said she caught a half-second glance from Ellis as he left the courtroom. But what was harder, she said, was hearing his voice.

When Douglas County District Judge Greg Schatz asked Ellis if he agreed to waive the hearing, Ellis replied, “That’s correct.” He left the courtroom with his hands shackled behind his back and holding his black-rimmed glasses.

The Harrises, with their supporters, held a consistent gaze on Ellis during the short hearing.

“I want him to try to realize what he did, ” Melissa Harris said, “but I don’t think he ever will.”

https://omaha.com/inmate-roy-ellis-said-he-killed-amber-harris/article_d2850000-9238-11e5-9260-bb6485cbea65.html

Jeffrey Hessler Nebraska Death Row

Jeffrey Hessler nebraska death row

Jeffrey Hessler was sentenced to death by the State of Nebraska for the kidnapping and murder of Heather Guerrero. According to court documents Heather Guerrero was delivering newspapers when the fifteen year old was abducted by Jeffrey Hessler. The girl would be sexually assaulted and murdered. Jeffrey Hessler would be arrested convicted and sentenced to death.

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On the morning of February 11, 2003, 15-year-old Heather Guerrero left her home in Gering, Nebraska, to make deliveries on her newspaper route.   Heather never returned home.   A search was conducted, and on the morning of February 12, Heather’s body was found in the basement of an abandoned house near Lake Minatare, Nebraska.

During the investigation of Heather’s disappearance, a witness who was walking his dog on the morning of February 11, 2003, reported that he had heard a scream and had seen a silver or tan Nissan Altima drive by at a high rate of speed.   A car matching that description belonged to a friend of Hessler’s who had allowed Hessler to drive the car.   A search of the car revealed three boxes of live ammunition, some spent casings, and Hessler’s wallet.   After police questioned Hessler, Hessler gave police his semiautomatic handgun.   In response to interrogation, Hessler admitted to having sex with Heather but asserted that it was consensual.   Hessler said that after Heather indicated she would not keep the encounter secret, he “freaked out,” took her to the basement of the abandoned house, and shot her.

On February 26, 2003, the State filed an information charging Hessler with five counts in connection with the death of Heather:  count I, premeditated murder;  count II, felony murder;  count III, kidnapping;  count IV, first degree sexual assault;  and count V, use of a firearm to commit a felony

https://caselaw.findlaw.com/ne-supreme-court/1453206.html

Arthur Gales Nebraska Death Row

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Arthur Gales was sentenced to death by the State of Nebraska for the murder of two children. According to court documents was over at the victims home when he would leave the apartment with the mother who would be severely beaten. Arthur Gales realizing the children could identify him as being with their mother would return to the apartment where he sexually assaulted the thirteen year old girl before killing her by strangulation. Arthur Gales would also kill a seven year old boy by drowning and strangulation. When police found the mother severely beaten on the street they would return to her home where they found the bodies of the two children. Arthur Gales would be arrested, convicted on both murders and sentenced to death.

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 Evidence at trial revealed that Gales had been at Judy’s apartment in Omaha, Nebraska, on November 11, 2000, with Judy and her children, Latara and Tramar.   Judy was found near 15th and Grace Streets in Omaha on the morning of November 12.   She had been severely beaten.   After Judy was identified, police went to Judy’s apartment to check on the children and discovered 13-year-old Latara’s body, nude from the waist down, in a bedroom.   Seven-year-old Tramar’s body was found lying in a bathtub.   Autopsies indicated that Latara was killed by manual strangulation and that Tramar died from drowning and manual strangulation.   The pathologist testified that each child had suffered at least 4 minutes of compression of the neck before death.   Latara had been sexually assaulted.

The State’s theory of the case was that Gales and Judy left Judy’s children at her apartment on the evening of November 11, 2000, and that Gales later severely beat Judy and left her for dead.   The State contended that Gales realized the children were potential witnesses who could place him with Judy that evening;  therefore, he went back to the apartment and killed them.   The State presented DNA evidence which linked Gales to both crime scenes and excluded other potential suspects.   The DNA evidence particularly linked Gales to the sexual assault of Latara.   Gales did not testify or offer evidence at trial and did not dispute the State’s general theory of how the children were killed;  instead, his defense was that he was not the person who assaulted Judy and killed the children.   However, Gales is not, for purposes of this appeal, challenging the factual basis for his convictions.

On August 27, 2001, the jury returned a verdict finding Gales guilty of two counts of first degree murder and one count of attempted second degree murder.   A sentencing hearing was  conducted by the judge who presided over the trial.   The court found certain aggravating circumstances to exist, and based upon those findings, Gales was sentenced to death for each of the first degree murder convictions.   

https://caselaw.findlaw.com/ne-supreme-court/1261758.html

Raymond Mata Nebraska Death Row

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Raymond Mata was sentenced to death by the State of Nebraska for the murder of a child. According to court documents Raymond Mata was upset that his girlfriend was pregnant by another man so he kidnapped the three year old child. Raymond Mata would return back to the home without the child denying he knew where he was. The child would be reported missing and later the police would find a package in Mata’s sister home that contained a crushed skull. Raymond Mata had murdered the child, dismembered him and allegedly fed part of the remains to a dog. Raymond Mata was arrested, convicted and sentenced to death

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Adam was the son of Patricia Gomez (Patricia) and Robert Billie, who had lived together for 5 years before Billie moved out of their Scottsbluff, Nebraska, residence in September 1998.   Adam remained with Patricia, although there was no legal custody arrangement.   Patricia and Mata began dating shortly thereafter, and Mata moved in with Patricia and Adam in October or November.   Patricia later told police that although Mata did not treat Adam badly, Mata consistently expressed resentment of Adam and thought that Adam was “in the way all the time.”

Mata moved out of Patricia’s residence on February 10, 1999, and moved in with his sister, Monica Mata (Monica).   Monica was also Patricia’s best friend.   That evening, Patricia and Billie spent the night together and had sexual relations.   Patricia obtained a restraining order against Mata on February 11, but continued to see Mata, and on February 14, Patricia and Mata had sexual relations.

In late February, Patricia found out that she was pregnant.   She told Monica, who in turn told Mata. Mata instructed Monica to accompany Patricia to Patricia’s doctor’s appointment, to find out when the child was conceived.   Patricia was told that the child was conceived between February 7 and 10.   Monica told Mata, who told Monica that the child was not his.   On March 8, Mata confronted Billie at a party regarding Billie’s relationship with Patricia, and on the next afternoon, Mata confronted Patricia, who told Mata about her sexual encounter with Billie.

On March 11, 1999, Patricia and Billie took Adam to a doctor’s appointment;  they were seen by an acquaintance of Mata who told Mata that the three had been together.   Mata made repeated attempts that day to compel Patricia to come to  Monica’s residence to visit him.   Patricia refused, so that evening, Mata went to Patricia’s residence.   Adam was watching television until Mata sent him to bed.   According to Patricia’s testimony, she fell asleep on the loveseat in the living room while Mata watched television.   Patricia said that when she woke up, Adam and Mata were gone, as was the sleeping bag that Adam had been using as a blanket.

Patricia telephoned Mata on his cellular telephone at 3:37 a.m. Mata told Patricia that he did not know where Adam was.   Mata came to Patricia’s residence immediately.   According to Patricia, Mata told her that Adam was probably with Billie or Patricia’s mother.   Patricia went back to sleep, and Mata spent the night.   Patricia testified that she attempted to contact Billie and her mother the next day, but was unable to do so immediately.   When Patricia’s mother called her and asked how Adam was, Patricia told her mother that Adam was fine.   Patricia later spoke to Billie, and Billie said that Adam was not with him.   Patricia also asked Monica if she knew where Adam was, and Monica said she did not know.   Patricia said that at this point, she still thought Adam was with Billie, because Billie had been complaining about not having enough time with Adam. Patricia testified that Mata told her not to call the police, “because they couldn’t do anything anyways ‘til after 24 hours.”

On the following day, Saturday, March 13, 1999, Mata took Patricia to Grand Island, Nebraska, and the two did not return to Scottsbluff until Sunday morning.   Sunday night, Mata asked Monica to go to Cheyenne, Wyoming, accompanied by Jesse Lopez, who was the father of Monica’s son and who was staying with Monica at the time.   They agreed and departed at about 11 p.m., leaving Mata alone in the residence.   Monica was unable to locate the person Mata asked her to meet in Cheyenne, and she and Lopez returned home at about 4:30 on the morning of Monday, March 15.   After returning, Monica found that the sewerline from the residence was clogged.

That afternoon, Patricia spoke with her sister, who came to Patricia’s residence.   Mata was there when Patricia’s sister arrived. Patricia decided to call the police and report Adam’s disappearance.   Patricia testified that Mata insisted that she not call the police until after Mata had left “because how I knew he had  a warrant for his arrest, just for me to wait ‘til he left.”   Scottsbluff police were finally notified that Adam was missing at approximately 4 p.m. on March 15, 1999.

Police searching for Adam went to Monica’s residence to speak to Mata, but the occupants refused to answer the door.   Monica testified that Mata told her not to answer the door because there were warrants out for his arrest.   Police discovered a sealed garbage bag in a dumpster behind Monica’s residence.   When the bag was torn open, police found Adam’s sleeping bag and the clothing Adam had been wearing when he was last seen by Patricia.   The bag also contained trash identified as being from Monica’s residence, including a towel and a boning knife that Monica had not thrown away.

A search warrant was obtained for Monica’s residence and executed on March 16, 1999.  (The residence had been searched pursuant to a warrant earlier that morning, but the results of the search were suppressed by the district court;  the first search is not pertinent to this appeal.)   Mata went to the police station to answer questions while the warrant was executed.   Mata’s mother, Ynez Cruz, picked him up from the police station, dropped him off at a friend’s house, and went with Monica to retrieve some of Monica’s clothing.   The home was still being searched, and the police asked Monica to remove a dog from the residence.   Monica and Cruz took the dog and also picked up Mata from the friend’s house.   Cruz testified that en route to a nearby town, Mata was talking to the dog, telling the dog that it “was being well taken care of and [Mata] was feeding [it] and that he was [its] friend.”

Police searching Monica’s residence found human remains in the basement room occupied by Mata. Hidden in the ceiling was a package wrapped in plastic and duct tape, which contained a crushed human skull.   The skull was fractured in several places by blunt force trauma that had occurred at or near the time of death.   The head had been severed from the body by a sharp object, at or near the time of death.   No evidence of strangulation could be found, although strangulation, smothering, and blunt force trauma could be neither ruled in nor ruled out as the cause of death.

In the kitchen refrigerator of the residence, police found a foil-wrapped package of human flesh.   Mata’s fingerprint was  found on the foil.   Human remains were also found on a toilet plunger and were found to be clogging the sewerline from the residence.   Human flesh, both cooked and raw, was found in the dogfood bowl and in a bag of dogfood.   Human bone fragments were recovered from the dog’s digestive tract.

All of the recovered remains were later identified, by DNA analysis, as those of Adam. Adam’s blood was also found on Mata’s boots.   No blood was found on Adam’s clothing, or the sheets of Adam’s bed at Patricia’s residence.

At trial, the defense did not deny Mata’s attempt to dispose of Adam’s body.   The defense’s theory of the case was that Adam had been killed by Patricia at Patricia’s home on Friday, March 12, 1999, and that Mata only attempted to help Patricia dispose of Adam’s body and explain his disappearance.   Mata did not testify.

The jury found Mata guilty of first degree premeditated murder, first degree felony murder, and kidnapping.   A three-judge sentencing panel was convened.   The sentencing panel found one statutory aggravating circumstance:  that the murder was “ ‘especially heinous, atrocious, cruel, or manifested exceptional depravity by ordinary standards of morality and intelligence.’ ”  

https://caselaw.findlaw.com/ne-supreme-court/1221855.html

Jose Sandoval Nebraska Death Row

Jose Sandoval nebraska death row

Jose Sandoval was sentenced to death by the State of Nebraska for the murders of five people. According to court documents Jose Sandoval, Jorge Galindo and Erick Vela entered a bank to rob it and before he was done five people were dead. Jose Sandoval would shoot and kill Lisa Bryant, 29, Lola Elwood, 43, Samuel Sun, 50, all Norfolk, Jo Mausbach, 42, Humphrey, and Evonne Tuttle, 37, of Stanton. Jorge Sandoval, Jorge Galindo and Erick Vela were all sentenced to death.

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ebraska last week completed its first execution in 21 years when it put 60-year-old Carey Dean Moore to death. 

Moore had been on death row for 38 years, and had stopped fighting the state’s attempt to bring capital punishment back to life with his lethal injection death sentence. 

That’s not the case for the prisoner who was notified in November by the Department of Correctional Services of the drugs that would be used for his potential execution

Jose Sandoval was sentenced to death along with Jorge Galindo and Erick Vela for the 2002 shootings and killings of Lisa Bryant, Lola Elwood, Samuel Sun, Jo Mausbach and Evonne Tuttle in a botched bank robbery attempt in Norfolk. 

Even though Moore was notified of the drugs that would be used in his death sentence after Sandoval, the state sought his execution warrant first.

A department spokeswoman said the department has not requested a warrant for Sandoval from the Nebraska Supreme Court. But it is continuing to seek lethal injection drugs to replace those that will expire soon. 

John Lotter is now the man who has been on death row the longest, but he has received no notification of lethal injection drugs to be used in his sentence. 

Lotter and Marvin Nissen were convicted of killing Brandon Teena, a transgender man. They killed Teena in 1993 to silence him after he told police they had raped him. They also killed Lisa Lambert and Phillip DeVine, who lived in the same house in Humboldt as Teena and witnessed the killing. Lotter has maintained his innocence.

Attorneys for Lotter have alleged in a court filing that he is ineligible for the death penalty because he functions intellectually as a child.

Nearly nine months ago, ACLU of Nebraska filed a lawsuit on behalf of most death row inmates, including Sandoval and Lotter, that claims the ballot initiative that stopped the Legislature’s 2015 repeal of the death penalty was illegal.

The suit was an attempt to stop any executions, or even steps toward an execution, of Nebraska’s condemned prisoners. But eight months later, the state put Moore to death.

Sandoval told the Journal Star in November he intended to fight the execution.

Attorney Stu Dornan filed a motion in Madison County District Court in December arguing that Sandoval, 38, should be resentenced to life in prison or have another capital sentencing hearing.

The Legislature repealed the death penalty in May 2015, then nullified the governor’s veto of the bill (LB268) with another vote. The repeal, Dornan said, went into effect Aug. 30 before it was suspended again because of an initiative referendum vote.

“Mr. Sandoval is subject to a uniquely cruel and unprecedented form of psychological suffering through alternating periods of relief and terror as he has been told that his life would be spared, and then told again that he would be executed,” the motion said. 

Briefs have been submitted in the ACLU lawsuit in Lancaster County and are awaiting scheduling of oral arguments. 

Prisons director Scott Frakes said earlier this month, in an affidavit filed as the result of a motion by drug company Fresenius Kabi to stop the use of two drugs in the execution of Moore, that he had no other source or supplier for the drugs to be used in future executions. 

But he is still trying. 

One of the drugs, the department’s supply of potassium chloride, will expire Aug. 31, and Frakes said he has no other source or supplier for the drugs at this time. A second drug, cisatracurium, will expire Oct. 31. 

Laura Strimple, spokeswoman for the Department of Corrections, said in an email that it is the responsibility of the department to carry out the death sentence orders of the court, and that includes continuing to pursue procuring the necessary lethal injection drugs. 

She said she would not speculate on whether the department would consider changing the drugs or the death penalty protocol. 

ACLU of Nebraska Executive Director Danielle Conrad said Friday that individual constitutional rights are not decided at the ballot box, and did not give Gov. Pete Ricketts permission to violate the state’s tradition of open government when carrying out government’s most grave function, the death penalty.

“Next legislative session will see a wave of new reform and abolition efforts,” Conrad said.

And ACLU of Nebraska intends to litigate the remaining legal and policy issues surrounding Nebraska’s death penalty, she said.

“We call on the governor to join us in seeking reform of our severely overcrowded and crisis-riddled prison system to advance true public safety goals,” Conrad said. “Nebraska’s troubled history with the death penalty is not over and will saddle Nebraska taxpayers for years to come.

https://journalstar.com/legislature/legal-battles-continue-over-nebraskas-desire-to-use-death-penalty/article_633fcd54-a108-54aa-9f0c-5e5a0e4247c4.html