Abdul Awkal Ohio Death Row

Abdul Awkal

Abdul Awkal was sentenced to death by the State of Ohio for the murder of his estranged wife and brother in law. According to court documents Abdul Awkal would shoot and kill Latife Awkal, and her brother Mahmoud Abdul-Aziz at the Cuyahoga County Domestic Relations Court in 1992. His wife had gone there to file for divorce. Abdul Awkal would be arrested, convicted and sentenced to death.

Ohio Death Row Inmate List

Abdul Awkal 2021 Information

Number A267328

DOB 03/10/1959

Gender Male

Race White

Admission Date 01/08/1993

Institution Chillicothe Correctional Institution

Status INCARCERATED

Abdul Awkal More News

On January 7, 1992 ․ Abdul Hamin Awkal, shot and killed his estranged wife, Latife Awkal, and his brother-in-law, Mahmoud AbdulAziz, at the Family Conciliation Services Department of the Cuyahoga Domestic Relations Court. [Awkal] was captured in the courthouse basement not far from where the shooting took place.

Awkal arrived in the United States from Lebanon about 1984, when he was twenty-four. He lived with family members in Detroit, Michigan, and worked as a dishwasher and gas station attendant. In 1985, Awkal suffered a mental breakdown at the gas station after he believed he had been accused of theft by his employer. He became hysterical, cursing and breaking things, vomited and then collapsed. He was taken to Detroit Medical Center in a straitjacket. Awkal was apparently released into his brother’s custody later that same day, but disregarded instructions to follow up with a psychiatrist.

Later, Awkal began working at a General Motors factory in Michigan. He was eventually transferred to the Chevrolet plant in Parma, Ohio. He had difficulty sleeping during this period, and was prescribed medication to help him sleep.

Awkal’s family arranged for him to meet his wife, Latife, after his arrival in Cleveland. This type of arranged marriage was common in his Islamic faith. Awkal’s need for sleeping pills diminished after he met his wife. Awkal and Latife were married under Islamic law in March 1989 and under Ohio law in April 1989. Later in 1989, Awkal went to Cleveland Metropolitan General Hospital complaining of numbness down his side. Although Awkal was again told to talk to a psychiatrist, he never did so. Awkal and Latife had a daughter, Zaynab, born in September 1990.

On their honeymoon, Latife told Awkal she did not love him, but that she understood that love would follow. He unsuccessfully attempted to improve their relationship by opening a bank account for her, teaching her to drive, encouraging her to attend school, and helping her parents with various household tasks.

Latife and her brothers felt that Awkal was not a good Muslim. Awkal did not spend sufficient time in daily prayer and he enjoyed music and celebrating Christian holidays, such as Christmas. Latife and her brothers did not listen to music, or celebrate Christian holidays, and prayed five or six times a day. Latife’s brother, Mahmoud Abdul-Aziz, tried to teach Awkal the tenets of their family’s Islamic faith, but Awkal viewed Mahmoud’s actions as interference with his freedom, and believed that he was harassed and threatened by Mahmoud because of his religious beliefs.

Awkal’s marital life was dissolving. Latife spent many nights away from Awkal and eventually asked for an Islamic divorce. According to Awkal, a Muslim husband may divorce his wife merely by telling her, “I divorce you, I divorce you, I divorce you.” Awkal granted her request on October 13, 1991, but then Latife agreed to remarry him under Islamic law. Latife felt that she had been shamed and that her baby had been made illegitimate by the divorce.

On October 16, 1991, Latife found out that she had contracted a venereal disease from Awkal. The next day, Latife moved out of the marital home, moved in with Mahmoud, and started divorce proceedings. A divorce complaint and motions for spousal support, child support, visitation and restraining orders were filed in October 1991. Latife talked of returning to Lebanon with the baby.

Awkal was hurt by his family problems and sought counseling, but declined medication. Awkal had counseling sessions four times in November 1991, because he was depressed and suicidal. These feelings were brought on by the divorce and Awkal’s belief that Latife’s brothers and their religion had interfered with his life and his marriage. Awkal’s psychological records reflect that he was very angry with Latife and her brothers because of the divorce.

On November 8, 1991, Awkal bought a nine-millimeter semi-automatic pistol, allegedly to defend himself from Latife’s brothers. The evening of that same day and the morning of the next, Awkal called Latife and her brother, Omar Abdul-Aziz, threatening to kill her and her entire family if the divorce was not dismissed. Latife reported the call to her divorce attorney, who sent a letter to Awkal’s attorney regarding the threats.

Awkal attended hearings in his divorce case on December 10, 17, and 19, 1991, without incident. During this period, Awkal and Latife agreed to a child visitation schedule and temporary child and spousal support. At Latife’s insistence, the visitation order prohibited Awkal from participating in any Christmas-related activities with the baby during his visitation. Awkal also agreed that the family checking accounts, containing approximately $4,800, which had been frozen by the domestic relations court, were to be equally divided between Latife and Awkal.

A meeting was scheduled for 2:00 p.m. on January 7, 1992, at the Family Conciliation Services Department, Room 52, located in the basement of the old Cleveland courthouse. Latife came early to the meeting with her brother, Mahmoud, and her baby. They waited in the hall outside for Awkal to arrive.

Awkal arrived at the courthouse parking garage at 1:48 p.m. from Michigan, where he had spent the weekend with relatives. On his person were copies of the baby’s medical records, which had been checked out from the treating HMO over a month earlier, and numerous childcare supplies, including diapers, baby food, and clothing. Prior to the meeting, Awkal wrote a check to his brother for nearly the entire contents of the frozen checking accounts, and changed his address at the post office to his brother’s house in Michigan.

Awkal confronted Mahmoud and Latife in the hallway at approximately 2:00 p.m. No harsh words or raised voices were heard from the hall before the shooting. However, “panicky” voices were heard immediately before the three entered Room 52. Awkal chased Latife and Mahmoud into the room, where he shot his wife and her brother at close range. Five shell casings were found inside the room; one shell casing was found in the hall outside the room.

Awkal then picked up the baby from the bench outside the room and walked quickly through the basement halls of the courthouse with her in his arms. Several armed deputies confronted Awkal in the hallway. Awkal pointed his gun at his head and then at his daughter’s head, threatening to kill her and then himself. Awkal vowed that nobody was going to take his baby.

When a deputy tried to grab Awkal’s gun, Awkal backed further down the hall with the baby. While proceeding down the hall, Awkal was confronted by another deputy, who attempted to disarm Awkal. Awkal evaded this attempt, but was shot in the back while trying to escape.

When Awkal was taken into custody, his pistol was cocked, ready to fire, and contained six live rounds (one in the chamber; five in the magazine). Awkal also had another magazine containing thirteen rounds of live ammunition in his coat pocket. The bullets retrieved from Mahmoud’s body and from Room 52 were fired from Awkal’s gun.

At the hospital the next day, Awkal, after being advised of his Miranda rights, told police that he had confronted Mahmoud in the hallway and demanded that Mahmoud “profess that Allah was the only God.” When Mahmoud did not do so, Awkal shot the victims. Awkal stated that he thought that he had shot himself.

Awkal was indicted on two counts of aggravated murder with prior calculation and design, including the multiple-murder death penalty specification. He was also indicted on two counts of felonious assault, including a firearm specification. Awkal pled “not guilty” and “not guilty by reason of insanity” to the charges against him.

While awaiting evaluation by a court-appointed psychiatrist to determine whether he was sane and competent to stand trial, Awkal reportedly had hallucinations involving his wife, who spoke to him and told him to join her. Two psychiatrists had examined Awkal at the county jail and found him to be depressed and angry. Awkal was prescribed anti-depressant and anti-anxiety drugs. These drugs did not stop him from having the hallucinations, and he was prescribed different anti-psychotic and antidepressant medications.

Abdul Awkal was found sane at the time of the murders in the preliminary sanity report. However, the severity of his depression rendered him incapable of aiding with his defense, and the trial court found Awkal not competent to stand trial. He was ordered to the Dayton Mental Health Center, Forensic Unit, for treatment and further evaluation. During his stay in Dayton, Awkal continued to receive anti-psychotic medication, but at greater levels. He was also placed on anti-depressant and anti-anxiety medications. On September 3, 1992, the trial court found Awkal competent to stand trial, but returned him to Dayton for further treatment until the trial started.

In October 1992, a jury was impaneled. During the trial, defense counsel complained to the court that Awkal’s condition had deteriorated and suggested that a new competency evaluation be undertaken. The trial court refused to have Awkal reevaluated, but stated that it would watch Awkal closely to see that he was paying attention to the trial and helping with his own defense. After the state closed its case in chief, the trial court dismissed one of the felonious assault charges.

Several witnesses testified on Awkal’s behalf during the guilt phase. Dr. Paul E. Hewitt, a psychologist, was called to give an opinion on the issue of prior calculation and design. However, when the court learned that Dr. Hewitt was not a licensed psychologist in Ohio, his testimony was stricken from the record. Dr. Magdi S. Rizk, the psychiatrist who conducted Awkal’s pretrial sanity and competency evaluations, testified that Awkal was sane at the time of the murders. Finally, Dr. Eileen S. McGee, a psychiatrist awaiting board certification, testified that Awkal was insane at the time of the shooting, that he did not know what he did was wrong, and that Latife and Mahmoud had provoked the incident.

Awkal testified on his own behalf. He stated that Mahmoud and Latife’s other brothers were religious fanatics, and had harassed him and interfered in his life. Awkal testified that he purchased the gun to protect himself from Latife’s brothers, who had threatened him and, on one occasion, forced him to kneel down before them, swearing allegiance to their religious sect. He denied threatening Latife or her brother.

Awkal stated that on the morning in question he met Latife in the hallway of the courthouse, and asked her to come back to him. She refused, and he went back to his car to get his gun, intending to kill himself in front of Latife to make her regret her decision to divorce him. When Awkal returned he asked Latife if he could hug his daughter one last time. Latife agreed, but Mahmoud confronted Awkal, stating that the baby was not Awkal’s, and that Awkal would never see her again. Awkal testified that Mahmoud’s face “turn[ed] into that of a monster” and that the walls then collapsed. The next thing Awkal knew, he awoke in the hospital.

On rebuttal, the prosecution presented Dr. Edward Dutton, a forensic psychiatrist, who testified that Awkal was malingering, that he understood what he had done was wrong, and that he had acted out of anger.

The jury found Abdul Awkal guilty as charged on the aggravated murder charges, but not guilty on the remaining felonious assault charge.

https://caselaw.findlaw.com/us-6th-circuit/1532550.html

Anthony Apanovitch Ohio Death Row

Anthony Apanovitch

Anthony Apanovitch was sentenced to death by the State of Ohio for the sexual assault and murder of a nurse. According to court documents Anthony Apanovitch would sexually assault and murder Mary Ann Flynn of Cleveland. Anthony Apanovitch would be convicted and sentenced to death.

Ohio Death Row Inmate List

Anthony Apanovitch 2021 Information

Number A182824

DOB 02/16/1955

Gender Male Race White

Admission Date 01/15/1985

Institution Chillicothe Correctional Institution

Status INCARCERATED

Anthony Apanovitch More News

Cuyahoga County Prosecutor Bill Manson has confirmed through conclusive scientific evidence that death row inmate Anthony Apanovitch brutally raped and murdered Mary Anne Flynn in 1984.

Mason says, “For over twenty years, the Flynn family has endured Apanovitch falsely professing his innocence in the media. During this time, Apanovitch consistently insisted that the State framed an innocent man, but he refused to participate in any DNA testing,” Mason continued. “Now we know why. He’s a liar and an unrepentant killer.”

Apanovitch refused to give a DNA sample for years – presumable to back up his claims of innocence.

https://www.cleveland19.com/story/5471473/dna-tests-confirm-death-row-inmates-guilt/

David Allen Ohio Death Row

david allen

David Allen was sentenced to death by the State of Ohio for the robbery and murder of an elderly woman. According to court documents David Allen met the victim while he was in prison through a ministry program. When released David Allen would rob and then murder Chloie English in January 1991. David Allen would be arrested, convicted and sentenced to death.

Ohio Death Row Inmate List

David Allen 2021 Information

Number A246920

DOB 11/16/1958

Gender Male Race White

Admission Date 07/30/1991

Institution Chillicothe Correctional Institution

Status INCARCERATED

David Allen More News

In June 1991, a Cuyahoga County jury returned guilty verdicts in the trial of appellant, David W. Allen (“Allen”), for the aggravated robbery and aggravated murder of eighty-four-year-old Chloie English (“English”) of Bedford, Ohio. English knew Allen through her participation in a prison ministry program. English ministered to five convicted felons, including Allen. She visited and corresponded with Allen while he was in prison and they stated in touch after his release in 1989. On January 9, 1991, English received a phone call from someone named “David.” According to English’s daughter, the conversation left English shaking. 

English was last seen alive at 5:45 p.m. on January 24, 1991, by her friend Judy Sperry (“Sperry”) who had visited English in her home. At 6:45 p.m. the next day, English’s friend Cathy Curry found English lying dead in her living room. The doors to English’s house were unlocked, which was unusual because English always locked her doors and never opened them to strangers.

After English’s body was found, Bedford police officers secured, photographed, and searched the house. Detective Gerry Artl found English’s eyeglasses on the floor and noted a large thumbprint on the inside of the left lens. That thumbprint turned out to belong to David Allen. Police recovered ten cigarette butts from English’s kitchen garbage. Saliva tests showed that five of the butts had been smoked by a Type O secretor. (The rest lacked sufficient saliva for testing.) Two of the butts still had the “Doral” brand name on them. Allen is a Type O secretor, and there was evidence that he smoked Dorals. English disapproved of smoking and was a Type O non-secretor.

Trace-evidence expert Kay May testified that certain individuals secrete their blood type in bodily fluids, such as saliva.

Although English’s last known visitor was a woman, someone had left the toilet seat up in English’s bathroom. Moreover, the coffee pot in the kitchen, empty when Sperry left, was half full when English’s body was discovered. Police found several items burnt in the fireplace, including the remains of English’s purse and wallet, a broken ashtray, a broken coffee cup, a broken drinking glass, a wine bottle, and a knife with its handle burnt off.

Police found no money in the house, even though English always kept about $50 in her wallet for emergencies. English’s credit cards and checkbook were also missing.

Detective Timothy Oleksiak (“Oleksiak”) obtained the names of prisoners with whom English had corresponded. All but Allen were still in prison. Oleksiak and Artl had the print on the eyeglasses compared with Allen’s; when the print was identified as Allen’s, Oleksiak got an arrest warrant.

On January 29, Allen was arrested. He was wearing a denim jacket with a stain on one of the sleeves. That stain turned out to be Type O blood, the same type Allen and English shared. Allen was carrying a bus transfer issued between 6:04 and 7:00 a.m., January 25, on the No. 41 Warrensville bus route. The driver identified Allen as a passenger he had picked up on January 25 at 6:04 a.m., at a stop 1.3 miles from English’s house.

Allen also had a refund receipt for a Greyhound bus ticket. There was no record of when the ticket was sold, but Allen got the refund on January 25, at 11:28 p.m. Moreover, when Detective Artl searched Allen’s bedroom, he found two packed suitcases under Allen’s bed. 

The jury returned guilty verdicts on two counts of aggravated murder, R.C. 2903.01(A) and (B), each count having a death specification under R.C. 2929.04(A)(7) (felony-murder). The jury also found Allen guilty of aggravated robbery, R.C. 2911.01. After a penalty hearing, the jury recommended the death penalty. The court accepted the recommendation and imposed the death sentence. As to the aggravated robbery count, the court imposed a sentence of fifteen to twenty-five years. The court of appeals affirmed the convictions and sentences.

https://casetext.com/case/state-v-allen-346

Nawaz Ahmed Ohio Death Row

nawaz ahmed

Nawad Ahmed was sentenced to death by the State of Ohio for the murder of his estranged wives family. According to court documents Nawad Ahmed would murder 39-year-old Dr. Lubaina Bhatti, her father, 78-year-old Abdul Majid Bhatti, her sister, 35-year-old Ruhie Ahmed, and her niece, two-year-old Nasira Ahmed. Nawad Ahmed would be arrested, convicted and sentenced to death.

Ohio Death Row Inmate List

Nawad Ahmed 2021 Information

Number A404511

DOB 10/25/1954

Gender Male Race Other

Admission Date 02/02/2001

Institution Chillicothe Correctional Institution

Status INCARCERATED

Nawad Ahmed More News

On the afternoon of September 11, 1999, Belmont County Sheriff deputies discovered the bodies of Dr. Lubaina Ahmed, Ruhie Ahmed, Nasira Ahmed, and Abdul Bhatti in Lubaina’s rental home.   Later that night, defendant-appellant, Nawaz Ahmed, was detained before he could depart for Pakistan on a flight from John F. Kennedy International Airport (“JFK”) in New York. Appellant was indicted for the aggravated murders of his estranged wife, Lubaina, her father, Abdul, and her sister and niece, Ruhie and Nasira.   Nawad Ahmed was found guilty and sentenced to death.

I. Facts and Case History

{¶ 2} In October 1998, Lubaina hired an attorney to end her marriage with appellant and to secure custody of their two children, Tariq and Ahsan.   According to Lubaina’s divorce attorney, appellant did not want a divorce, and consequently, it was a hostile divorce proceeding.   In early February 1999, shortly after the complaint for divorce had been filed, Lubaina was awarded temporary custody of the children and exclusive use of the marital residence.   Later that month, the divorce court issued a restraining order to prevent appellant from coming near Lubaina or making harassing phone calls to her.

{¶ 3} Nawaz Ahmed had accused Lubaina, a physician, of having an affair with another physician, and claimed that their oldest son, Tariq, was not his.   A subsequent paternity test showed that claim to be false.   According to Lubaina’s divorce attorney, Grace Hoffman, Lubaina had been afraid of appellant, and she had called Hoffman three or four times a week, “scared [and] frustrated * * *.   It just kept escalating.”   Lubaina had also confided to Hoffman that appellant had forced her to have sex with him during the marriage.

{¶ 4} Tahira Khan, one of Lubaina’s sisters, corroborated that Lubaina had feared appellant.   She also testified that Lubaina had told her that appellant had raped her repeatedly.

 {¶ 5} The owner of the rental home where Lubaina resided testified that Lubaina had called him in February 1999 and asked him to change the locks on the house.   He stated that Lubaina had been very upset and had asked that he change them within the hour.

{¶ 6} In March 1999, Lubaina complained to police that Nawaz Ahmed was harassing her by telephone, but after the officer explained that the matter could be handled through criminal or civil proceedings, she decided to handle it through the ongoing divorce proceedings.   The final divorce hearing was scheduled for Monday, September 13, 1999, and Lubaina had arranged for her sister Ruhie to fly in from California the Friday before to testify at the hearing.

{¶ 7} On Friday, September 10, 1999, Nawaz Ahmed called Lubaina’s office several times.   But Lubaina had instructed the medical assistants at her office to reject any phone calls from him.   Then, at approximately 4:00 p.m. that day, Lubaina took appellant’s call.   Appellant, who worked and lived in Columbus, wanted Lubaina to bring the children to him for the weekend two hours earlier than planned.   Appellant claimed that he was planning a surprise birthday party for their youngest son.   Lubaina, however, refused to change her plans and told appellant that he was using the birthday party as an excuse to inconvenience her.

{¶ 8} Rafi Ahmed, husband of Ruhie and father of two-year-old Nasira, testified that Ruhie and Nasira had been scheduled to arrive in Columbus from California at 10:34 p.m. on Friday, September 10.   Ruhie had planned to call Rafi that night when she arrived at Lubaina’s home near St. Clairsville.   However, since he had not heard from Ruhie, Rafi began calling Lubaina’s home at 1:21 a.m., Saturday, September 11.   Rafi called 20 to 25 times, but he got only Lubaina’s answering machine.   At approximately 3:00 a.m., he called the Belmont County Sheriff’s Office.

{¶ 9} A parking receipt found in Lubaina’s van indicated that the van had entered a Columbus airport parking lot at 9:30 p.m. and exited at 11:14 p.m. on September 10, 1999.

{¶ 10} Around 3:45 a.m. on September 11, in response to Rafi Ahmed’s call, a sheriff’s detective went to Lubaina’s home and knocked on the doors and rang the doorbell.   She got no answer.   The detective also looked in the windows, but nothing at the home appeared to be disturbed.

{¶ 11} Later that day, Belmont County Sheriff’s Department Detective Steve Forro was assigned to investigate the missing persons.   He recognized Lubaina’s name because he was the officer who had talked to her regarding appellant’s harassing phone calls.   Forro called appellant’s home to see if he had any information.   Nawaz Ahmed did not answer, so Forro called Columbus police to have them check appellant’s apartment.   They did and found that he was not home.

 {¶ 12} Forro went to Lubaina’s home at 2:18 p.m. As he walked around the outside of the house, he noticed a flicker of a car taillight through a garage window.   Using a flashlight, he looked through the window and saw a van with its hatch open and luggage inside.   He then saw the body of a man on the floor covered with blood.

{¶ 13} Forro called for backup.   Deputy Dan Showalter responded and entered through a side door, which he had found unlocked.   He searched the house and found three more bodies on the basement floor.

{¶ 14} Detective Bart Giesey found appellant’s MCI WorldCom employee badge on the basement floor near the bodies.   Records from appellant’s employer, MCI WorldCom in Hilliard, Ohio, revealed that appellant’s badge was last used at 7:19 p.m. on September 10, 1999.

{¶ 15} Through several inquiries, police learned that Nawaz Ahmed was scheduled to depart from JFK for Lahore, Pakistan, that evening.   Earlier that day, appellant, through a travel agent, had booked a flight leaving for Pakistan that same evening.   Appellant had made arrangements to pick up the airline ticket at the travel agent’s home near JFK. Appellant arrived at the agent’s home with both of his sons and asked if he could leave them with the agent, saying that his wife would pick them up soon.   Appellant wrote on the back of his and Lubaina’s marriage certificate, which he gave to the agent, that he was leaving his sons to be handed over to his wife.   Nawaz Ahmed also signed his car over to the agent.   The agent then drove appellant to JFK to catch his flight to Pakistan.

{¶ 16} At 8:10 p.m., Robert Nanni, a police officer stationed at JFK, learned that appellant was a murder suspect and that he had checked in for a flight scheduled to leave for Pakistan at 8:55 p.m. Appellant was located and arrested.   Nanni noticed a large laceration on appellant’s right thumb.   Nanni read appellant his rights and called airport paramedics to attend to appellant’s thumb.   Among the items confiscated from appellant was an attaché case containing 15 traveler’s checks totaling $7,500, his will, and $6,954.34 in cash.

{¶ 17} On October 7, 1999, a grand jury indicted appellant on three counts of aggravated murder for purposely and with prior calculation and design killing Lubaina, Ruhie, and Abdul, pursuant to R.C. 2903.01(A), and one count for the aggravated murder of Nasira, pursuant to R.C. 2903.01(C) (victim younger than 13).   All four aggravated murder counts carried a death-penalty specification alleging a course of conduct involving the killing of two or more persons.  R.C. 2929.04(A)(5).   The aggravated murder count for Nasira carried an additional death-penalty specification alleging that the victim was younger than 13 years at the time of the murder.  R.C. 2929.04(A)(9).

{¶ 18} At trial, Dr. Manuel Villaverde, the Belmont County Coroner, testified that he had been called to the crime scene on September 11, 1999.   All four  victims appeared to have died from blood loss from slashes on their necks.   Based on the condition of the bodies, he determined that the victims had been killed at approximately 3:00 a.m. that day, with two to four hours’ variation either way.

{¶ 19} A deputy coroner for Franklin County performed autopsies on all four victims and concluded that each victim had died from skull fractures and a large cut on the neck.

{¶ 20} Diane Larson, a forensic scientist at the DNA-serology section of the Bureau of Criminal Identification and Investigation (“BCI”), concluded that the DNA of blood found in the kitchen of Lubaina’s home matched appellant’s DNA profile.   The probability of someone else in the Caucasian population having that same DNA profile is 1 in 7.6 quadrillion, and in the African-American population, the probability is 1 in 65 quadrillion.

{¶ 21} After deliberating, the jury found Nawaz Ahmed guilty as charged.   After the mitigation hearing, the jury recommended death, and the court imposed a death sentence on appellant.

https://caselaw.findlaw.com/oh-supreme-court/1014518.html

Stanley Adams Ohio Death Row

stanley adams

Stanley Adams was sentenced to death by the State of Ohio for a triple murder. According to court documents Stanley Adams would murder a woman, sexually assault and murder a twelve year old girl and would sexually assault and murder another woman. Stanley Adams would be convicted and sentenced to death.

Ohio Death Row Inmate List

Stanley Adams 2021 Information

Number A420071

DOB 08/23/1966

Gender Male Race White

Admission Date 10/12/2001

Institution Chillicothe Correctional Institution

Status INCARCERATED

Stanley Adams More News

State’s evidence From Christmas 1998 until March 1999, Adams and his girlfriend, Janelle (“Nelly”) Hartle, lived with Esther and Ashley on Dickey Avenue in Warren.   After March 1999, and at the time of the murders, Adams and Janelle and their infant daughter lived on Mahoning Avenue in Champion, Ohio. James Hartle, who sometimes lived with Esther, was the father of Ashley and Janelle, who were half-sisters.

{¶ 3} On the afternoon of October 11, 1999, Adams borrowed a blue 1991 Chevrolet Cavalier, Ohio license number BAB 2830, from his neighbors, Mike and Kelly Henry.   Adams then drove to James Hartle’s house, where he asked to borrow $300 from Hartle to buy a car.   Hartle declined to give Adams any money.

{¶ 4} Later that evening, Adams attended a drug party at the apartment of his friend, Mallory “Stacie” Jackson.   In addition to Adams, guests included Renee Smith, Patricia Litsinger, and Derwin (“Stormin’ ”) Norman.   That night Adams was wearing a white T-shirt, blue pants, and white tennis shoes.   When Smith saw Adams, whom she had known for five years, he had $40 “and bought crack cocaine with it.”   Later, Adams told Litsinger that he was “broke,” but he offered cocaine to her in exchange for oral sex.   Litsinger refused.

{¶ 5} After that, Adams left and told Smith that he was leaving “to get some more money.”   Smith reported that Adams was gone a long time.   By the time Litsinger left, around 11:15 p.m., Adams had already left by himself in his search for more money.

{¶ 6} That same night, October 11, Luetta Simmons, who lived across the street from Esther and Ashley, noticed that a dark-colored car pulled into Esther’s driveway at 11:45 p.m., and that the car left around 12:15 a.m. The taillights on this car resembled the taillights on a Chevrolet Cavalier that  Simmons had once owned.   Simmons later noticed that neighborhood dogs were barking an in unusually “loud and obnoxious” manner.

{¶ 7} Adams returned to Jackson’s apartment.   According to Smith, Adams “had blood all over his hands;  * * * on his shirt, on his pants, and on the tip of his shoes,” and some of the blood appeared wet.   In his pocket, Adams had “[m]oney with a whole bunch of blood on it.”   Litsinger also observed that after Adams returned, he had blood on his hands and on his jeans.

{¶ 8} At some point after he returned, Adams took his bloody shirt off.   Norman recalled seeing Adams at the apartment when he “didn’t have a shirt on,” had “blood on him,” and had a roll of money, some of which had blood on it.

{¶ 9} Later, Adams again left the apartment, but this time he left with Jackson and Norman to get more drugs.   Adams, driving a blue Cavalier, dropped Norman off to buy the drugs.   Around 2:00 a.m., while Adams was driving around the block, Warren Police Sergeant Robert Massucci pulled Adams over because the Cavalier had only one headlight.   Sgt. Massucci noticed that although the weather was cold, Adams was not wearing a shirt, and that Adams had blood on his pants, including a spot approximately four inches by six inches.

{¶ 10} Warren Police Officer Jeff Miller, who stopped to assist Massucci, frisked Adams and discovered that “his pants were all wet and sticky, * * * gooey.”   With the aid of his flashlight, Miller discovered that Adams had blood on his hands, right arm, and pants, and Miller reported that the amount of blood suggested that Adams had “field dressed a deer.”   Adams told Miller that he had cut his hand, but Miller looked and saw no cuts.   In the back of the Cavalier, Miller noticed tools and toolboxes.

{¶ 11} Adams told Sgt. Massucci that he lived on Dickey Avenue, although his driver’s license listed a different address.   The officers then let Adams go with a warning about the headlight.   Later, Janelle recalled that Adams had come home “in the middle of the night.”

{¶ 12} Around noon on October 12, 1999, Esther’s friend, Donna Frederick, found Esther’s “cold” body inside the front door of Esther’s home.   Frederick called police.   A neighbor reported that she had seen Esther and Ashley alive the previous afternoon around 5:30 p.m.

{¶ 13} Police found Esther’s body lying face-down in a pool of blood at the bottom of the stairs.   On the stairs and stairwell walls, police found blood drops and smears.   Police found Ashley’s body in an upstairs bedroom.   Dr. Humphrey Germaniuk, a forensic pathologist, arrived at the crime scene around 1:00 p.m. that day and estimated that Esther and Ashley had been dead “eight, ten, 12 hours at least.”

 {¶ 14} Dr. Germaniuk, who later performed an autopsy on Esther, concluded that she died as a result of “[m]ultiple blunt force traumatic injuries and multiple sharp force traumatic injuries” with “at least four distinct stab wounds involving the neck and head.”   Although police found pieces of a broken broom near the bodies of Ashley and Esther, police found no weapon that might have caused Esther’s injuries.   Dr. Germaniuk concluded that in inflicting the puncture wounds on Esther, the killer used “some type of tool that has an acute angle” and two prongs, such as a certain type of crowbar.

{¶ 15} Ashley’s body lay upstairs on a bedroom floor next to the bed.   Her body was nude and posed, with her legs spread apart.   An electric cord had been wrapped five times around her neck, and one end of the cord was in her hand.   A bracelet and two earrings had been placed on Ashley’s lower abdomen.   After an autopsy, Dr. Germaniuk concluded that Ashley had died as a result of “strangulation associated with blunt force trauma to the head.”   Ashley’s body also revealed multiple injuries and bruises to the genitalia as well as brain swelling, contusions to the head, and lacerations to the mouth.

{¶ 16} Dr. Germaniuk also completed a rape kit examination during his autopsy of Ashley and obtained swab samples from her body cavities.   Forensic Scientist Steve Wiechman, from the Ohio Bureau of Criminal Identification and Investigation (“BCI”), concluded that rectal, vaginal, and oral swabs from Ashley’s body tested positive for semen.

{¶ 17} After later tests, Meghan Clement, an expert in DNA analysis at LabCorp, an independent testing laboratory, conducted polymerase chain reaction (“PCR”) analysis of DNA on the oral and vaginal swabs from Ashley’s body and concluded that they contained a DNA mixture.   Adams and Ashley could have both contributed DNA to the mixture, and nothing in the analysis suggested that anyone else had contributed DNA to these specimens.   The rectal swab, while testing positive for semen, was insufficient to yield a DNA result other than Ashley’s DNA.

{¶ 18} Dr. P. Michael Conneally, a Distinguished Professor of Medical and Molecular Genetics at Indiana University Medical Center, who is an expert on genetic statistics, agreed that genetic markers for the secondary DNA contributor in the vaginal swab matched Adams, who is Caucasian.   A similar DNA profile occurs only once in 77,000 Caucasians, once in 2.3 million African-Americans, and once in 128,000 Hispanics.

{¶ 19} At the crime scene, police found no money in the house.   The bedroom where Ashley’s body was found was in disarray, as if it had been ransacked.   Two dressers were overturned, and blood spatters were found on the ceiling, floor, and on dresser contents.   BCI Forensic Scientist Wiechman subjected two bloody sheets from the bedroom to forensic analysis.   Wiechman found 17 presumptive  semen stains on different parts of one sheet, tested six of them, and confirmed that three of these were semen stains.

{¶ 20} Jennifer Duvall, an Ohio BCI forensic scientist, found DNA from semen stains in several areas on the same sheet.   Adams could not be excluded as a contributor to the DNA in these stains, and his DNA was consistent with DNA in the stains.   Duvall testified that DNA found at one particular site, which was identical to Adams’s DNA, would be found only once in 21.1 million Caucasians and once in 1.9 million African-Americans.   When Adams and Janelle lived with Esther and Ashley seven months previously, they slept in a downstairs bedroom and never used any of the upstairs bedrooms.

{¶ 21} On October 13, police seized the blue Cavalier that Adams had driven on October 11 and 12, which Mike Henry had loaned him.   Forensic testing disclosed that the steering wheel, one of the floor pedals, and the headlight lever in the Cavalier tested positive for blood, but the quantity was insufficient for analysis.   On October 19, Mike Henry asked Adams why police had found blood in Henry’s car after Adams had borrowed it.   During this conversation, Adams denied any responsibility for the murders.

{¶ 22} On October 20, police interviewed Adams after fully advising him of his Miranda rights.   Adams waived those rights and gave both an audiotaped and videotaped statement of his activities on October 11 and 12.   In these interviews, Adams initially denied any knowledge of the murders.   After continued questioning, Adams admitted that he had stopped at Esther’s house the night she was killed and that he had briefly entered the residence.   Adams claimed that he had fallen over Esther’s body and had then gone upstairs and found Ashley’s body.   He quickly departed, and he did not tell anyone what he had found.   Adams admitted that on October 12, he had burned his bloody tennis shoes and trousers.   In Adams’s backyard police found a pile of ashes that contained a belt buckle and shoe eyelets.

{¶ 23} In addition to the police, Adams told others that he had discovered the bodies on the night of October 11 but had not notified authorities.   On October 26, he was “on the verge of crying” when he told his friend, Kevin Clements, that he had found the bodies and had “tripped over Esther.”   He also told his girlfriend, Janelle, and his sister, Tina Maus, that he had tripped over Esther’s body in the house that night.   Later, he admitted to Tina that he had also found Ashley’s body.

{¶ 24} Defense case The defense moved for acquittal under Crim.R. 29, and the trial court denied the motion.   The defense then recalled Detective Jeffrey Hoolihan, one of the investigating detectives.   Detective Hoolihan agreed that police did not take certain investigative steps, such as examining an open window  or a jewelry box for fingerprints, searching the neighborhood for weapons, or pursuing James Hartle as a murder suspect.

{¶ 25} Procedural history The grand jury indicted Adams on three counts of aggravated murder involving the deaths of Ashley Cook and Esther Cook, aggravated burglary, kidnapping of Ashley, and three counts that he had raped Ashley.

https://caselaw.findlaw.com/oh-supreme-court/1116599.html