pennsylvania | My Crime Library

Ernest Wholaver Pennsylvania Death Row

Ernest Wholaver was sentenced to death by the State of Pennsylvania for the murders of his wife and two children. According to court documents Ernest Wholaver would break into the home of his estranged wife where he would shoot and kill her and their two children. Ernest Wholaver would be arrested, convicted and sentenced to death

Ernest Wholaver 2022 Information

Parole Number: 679DZ
Age: 61
Date of Birth: 04/23/1960
Race/Ethnicity: WHITE
Height: 6′ 00″
Gender: MALE
Citizenship: USA
Complexion: MEDIUM
Current Location: PHOENIX

Ernest Wholaver More News

On the morning that police say his wife and daughters were killed, a masked Ernest Wholaver Jr. walked into the darkness toward the family’s Dauphin County home, returned to his waiting younger brother several minutes later, and said, “Drive, drive, drive,” the brother testified yesterday.

“We were never here,” Ernest Wholaver said later, according to Scott Wholaver’s testimony in District Justice James Pianka’s courtroom.

The Wholaver brothers are closely linked with Cambria County. Scott Wholaver. 28, is of the 200 block of Dunsmore Road, St. Benedict. Ernest Wholaver had been staying with relatives in northern Cambria County for months prior to his arrest.

The testimony came after Scott Wholaver, 28, agreed to plead guilty to three counts of third-degree murder and related charges and to testify against his brother in a deal that prosecutors say strengthens their case against Ernest Wholaver.

Following the hearing, Ernest Wholaver was ordered to stand trial on three counts of murder and other charges.

Police accuse him of breaking into his former home in the 800 block of North Union Street early on Dec. 24 and fatally shooting his wife, Jean, and his daughters, 20-year-old Victoria and 15-year-old Elizabeth. Their bodies were discovered Christmas morning.

The house was entered by way of a broken window pane on a garage door, police said.

Dauphin County Chief Deputy District Attorney Francis T. Chardo said Ernest Wholaver killed the three out of vengeance and a desire to silence them. The girls had accused their father last summer of sexually molesting them for years, and Ernest Wholaver had been due to stand trial on those charges when the killings occurred.

“He had the greatest of motives to kill these three witnesses against him,” Chardo said.

Spero T. Lappas, the attorney for Ernest Wholaver, reiterated that his client is falsely accused and called Scott Wholaver’s story that he drove with Ernest to the family’s Middletown home a complete fabrication.

“Scott is desperate and he’s at the mercy of powerful forces,” Lappas said. “The fact that Scott Wholaver testified against (Ernest) means nothing. Desperate and devious brothers have been harming one another since Cain slew Abel.”

Chardo called three witnesses yesterday – Scott Wholaver, Middletown police Sgt. Robert Givler and a co-worker of Jean Wholaver who helped to pin down the timeline of the slayings.

Givler said he went to the Wholaver home on Christmas morning after relatives in the Johnstown area called to inquire why they had not arrived as planned.

Givler said he saw Jean Wholaver’s body in the kitchen as soon as he stepped inside from the garage.

Drawn upstairs by a noise, police found Victoria Wholaver’s body. In the crook of Victoria’s outstretched arm was her 9-month-old daughter, Madison. The child was unharmed but crying.

Elizabeth Wholaver was in a bedroom, sprawled across a bed. he said.

All had been shot once in the head with a .22-caliber weapon, police said.

A large man with a small voice, Scott Wholaver haltingly testified that he and Ernest Wholaver had been out drinking near their parents’ Cambria County home late Dec. 23 when Ernest told him they were going to Middletown because “he wanted to go get his puppy.”

The two took turns driving to Middletown, he said. At one point, they stopped so Ernest could change into dark clothing, he said.

Scott Wholaver said he knew that Ernest Wholaver had been prohibited since July from going to the Middletown home, under the conditions of his bail release in the sexual assault case and a protection from abuse order obtained on behalf of Elizabeth Wholaver.

Scott said he parked about a block away from the home around 4 a.m. Ernest Wholaver got out and walked in the direction of the house, Scott Wholaver said. He wore a mask and two pairs of gloves, Scott said.

Five to 10 minutes later, he returned, Scott Wholaver said.

“He got back in the truck and said ‘Drive, drive, drive,’” Scott Wholaver said. “He was shaking, nervous.

‘You wouldn’t believe what I saw,” Ernest said, according to his brother’s testimony.

The brothers stopped several times on the way back to Cambria County so that Ernest could change cloth and leave several items in the woods, Scott Wholaver said.

Scott Wholaver’s attorney, Public Defender Justin McShane, said his client agreed to plead guilty partially because he feels “extreme remorse” for his role in helping Ernest get to Middletown.

“My honest belief is that he did not know what was going on,” McShane said.

If prosecutors decide that Scott Wholaver kept his end of the bargain after Ernest’s trial- which is likely a year away – he faces 12 to 25 years in state prison.

Lappas called the prosecution’s case against Ernest Wholaver thin. “They have absolutely nothing,” he said.

Chardo disagreed, saying his office has more than Scott Wholaver’s testimony.

“We have extremely compelling circumstantial evidence,” he said.

Prosecutors hope to try Ernest Wholaver on the sexual assault charges and the killings at the same time.

Ernest Wholaver remains in Dauphin County Prison. Scott Wholaver was moved to Cumberland County Prison for his safety, prosecutors said.

https://www.themcshanefirm.com/press/wholaver11/

Gerald Watkins Pennsylvania Death Row

Gerald Watkins was sentenced to death by the State of Pennsylvania for the murders of his ex girlfriend and two children. According to court documents Gerald Watkins would force his way into the home of his ex girlfriend where he would shoot and kill her and two children. Gerald Watkins would flee to New York City however he would be arrested and brought back to Pennsylvania where he was later convicted and sentenced to death

Gerald Watkins 2022 Information

Parole Number: 306CZ
Age: 52
Date of Birth: 06/03/1969
Race/Ethnicity: BLACK
Height: 6′ 02″
Gender: MALE
Citizenship: USA
Complexion: DARK
Current Location: PHOENIX

Gerald Watkins More News

At approximately 10:00 p.m. on July 20, 1994, Beth Ann Anderson telephoned her friend and neighbor, Monique Kohlman, and told her that “Gerald [is] downstairs banging on the door.” Anderson, who was using a portable phone, asked Kohlman to stay on the line as she went to the door. Kohlman then heard Anderson say, “Who is it?” and then, “Gerald.” A few seconds later an individual whose voice and accent Kohlman recognized as belonging to Gerald Watkins, picked up the phone and spoke with Kohlman. He identified himself as ‘G’, which Kohlman recognized as Appellant’s nickname. The phone was then placed down, and Kohlman heard Anderson say “ow” or “stop Gerald.” She then heard the sounds of a struggle, and then Anderson saying, “Call the police.” After summoning the police, Kohlman went to Anderson’s home, and, as she pounded on the front door, the police arrived and forced entry. Kohlman entered the house and observed Anderson on the floor and Anderson’s 18-day-old baby, Melanie Watkins, lying on the couch. She tried unsuccessfully to detect pulses on both victims. The police then asked her to wait outside on the front porch.

Another neighbor, Ronnie Williams, saw Gerald Watkins on the porch of the Anderson home during the evening of July 20, 1994. He said that he recognized Appellant as Anderson’s boyfriend, and that he saw him knocking on the front door to her home. He did not see him enter, because he went to answer the phone. When he returned to the front door several minutes later, the police had already arrived. The following day, Williams picked Appellant’s photo from a photo array as the individual he saw. He also identified Appellant at trial as the person he had seen.

Pittsburgh Police Officer Talib Ghafoor responded to the call from Kohlman. Officer Ghafoor arrived as Kohlman was trying to enter the residence. Upon entering, he observed Anderson on the floor and the baby on the couch. Anderson had wounds to her face and the baby had what appeared to be a gunshot wound to the abdomen. When the officer proceeded upstairs to secure the residence, he discovered the body of nine-year-old Charles Kevin Kelly, Jr. (“Kevin”) in the hallway at the top of the stairs. Officer Ghafoor observed that Kevin had a bullet wound near his right ear and was not moving or breathing.

Pittsburgh Homicide Detective Thomas Foley processed the crime scene. He testified that in the living room, where the bodies of Anderson and her daughter were found, a coffee table had been upturned and its contents spilled on the floor. Numerous spent .22 caliber shell casings, as well as several live rounds, were found throughout the room. Shell casings and spent bullets were also strewn about Kevin’s body. All three victims were warm to the touch, indicating recent death. Forensic pathologist Leon Rozin, M.D., testified that the victims all died of multiple gunshot wounds: eighteen-day-old Melanie Watkins had been shot twelve times; Beth Ann Anderson received eight shots to her trunk and head; and her son Kevin was shot five times in the face, head, and neck. There was soot or powder stripling around many of the wounds, indicating that the bullets had been fired at close range. The Commonwealth’s ballistics expert, Dr. Robert Levine of the Allegheny County Crime Lab, testified that all of the spent cartridge casings found at the crime scene were discharged from the same semi-automatic .22 caliber firearm, which was capable of holding a thirty-round clip. He additionally indicated that the markings on the bullets found at the scene were consistent with having been fired from a “Tech .22” semi-automatic handgun.

Appellant’s friend Keith Platt testified that he had been with Gerald Watkins at a bar until approximately 9:30 p.m. on the night of the murders. One or two days after the crime, Appellant called Platt and said: “You know who this is. I’m not f—ing around. You know what I’ve done. Shut up and listen.” Appellant then told Platt that he needed Platt to contact several mutual acquaintances who owed Appellant money, and instruct them to send the money to Appellant. When Platt declined, Appellant threatened to harm Platt and his family if he did not cooperate. Platt also testified that he knew Appellant only as ‘G,’ and did not learn that his actual name was Gerald until after the murders.

In May of 1995, FBI Special Agent Robert Bendetson and other members of the New York Fugitive Task Force apprehended Gerald Watkins in New York City, and informed him of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 479, 86 S.Ct. 1602, 1630, 16 L.Ed.2d 694 (1966). After waiving those rights orally and by executing a form to that effect, Appellant gave the agent a statement. He said that, on the evening in question, he left Pittsburgh at approximately 7:00 in his grandmother’s car. He admitted having been at Anderson’s house earlier that day, but denied having argued with her. He said that he drove to Fort Lee, New Jersey, left the car there, and took a bus into New York City. Although Appellant admitted knowing that he was wanted for Anderson’s murder, he claimed not to have been aware of the deaths of his daughter Melanie or Anderson’s son Kevin. He also admitted having seen an episode of the television show, “America’s Most Wanted,” which featured a story about him, but claimed that he had not paid close enough attention to learn of the death of his daughter, Melanie. He admitted further that he never inquired into Melanie’s well being after learning of Anderson’s death.

On August, 3, 1995, Pittsburgh homicide Detectives Logan and McDonald drove to New York to bring Gerald Watkins back for trial. After an extradition hearing at which Appellant was represented by New York counsel, Attorney Earl Rawlins, Appellant and the two officers left for Pittsburgh. Detective Logan testified that, during the initial part of the drive, Appellant was talkative, but confined the discussion to matters unrelated to the homicides. As they approached Somerset, Pennsylvania, however, Appellant raised the topic of the killings. Detective Logan interrupted Appellant and advised him of his rights. Appellant said that he understood his rights and agreed to make a statement, which Detective Logan transcribed, and Appellant ultimately signed.

At the December 9, 1996, suppression hearing, Gerald Watkins denied having spoken to Detective Logan or Detective McDonald about the killings during the trip from New York to Pittsburgh, and testified that he had not signed Detective Logan’s notes which purported to memorialize his confession. The court denied the suppression request, reasoning that Appellant was raising an issue of credibility for the jury, rather than a question of whether the alleged confession violated his constitutional rights.

According to Detective Logan’s trial testimony, Gerald Watkins began his statement by saying that “he was not the monster that the media and the police had panned him out to be.” He claimed that the killings were not premeditated, that they were just “something that happened.” He indicated that he had become jealous of a man named Lou with whom Anderson had begun spending time, and that he believed that Anderson was not being forthright with him regarding her relationship with Lou. A day or so before the murders, Anderson had spurned a marriage proposal. Appellant was also upset that his cousin Tyrone had stolen crack cocaine from him instead of bringing it from New York to Pittsburgh as instructed, and that, when he told Anderson about it, she made him feel like a “chump.” On July 19, 1994, still upset from this series of events, Appellant borrowed his grandmother’s car and drove towards Harrisburg on the turnpike, but then returned to Pittsburgh, arriving the morning of the 20th. He had in his possession a Tech .22 semi-automatic handgun equipped with a twenty-round clip. After driving around Pittsburgh and searching unsuccessfully for Tyrone, he visited his cousin Willa in an effort to calm down. Appellant then drove to Anderson’s house, gained entry with his key, and found Anderson talking on the phone, whereupon he walked into the kitchen, and then came back into the room where she was talking and shot her. Appellant denied having picked up the phone and spoken to anyone.

After killing Anderson, Gerald Watkins heard the television on upstairs. When Appellant reached the top of the steps, Anderson’s son Kevin, who had come into the upstairs hallway, made eye contact with Appellant and then grabbed Appellant around the waist. At that point, Appellant decided to kill Kevin “because he knew who I was and what I had just done.” He then pushed Kevin away and shot him. Appellant checked the rest of the second floor of the house and, finding nobody else, proceeded back downstairs, where Anderson’s body was on the floor and Appellant’s daughter Melanie was asleep on the couch. He then shot Melanie because he felt that he could not raise her, and he did not want anyone else to do so. Appellant tucked the gun in his waistband and left Anderson’s residence, trying to look “normal.” He could not recall how many times he had shot any of the victims. As he stopped to put gas in the car, he noticed that his ammunition clip was empty. He then drove to New York, where he threw the gun into the incinerator of an apartment building.

When Gerald Watkins and the detectives arrived at the headquarters of the Homicide Unit in Pittsburgh, Appellant was again advised of his rights; he then read and executed a pre-interrogation warning form in the presence of Detectives Logan and McDonald, which contained Miranda warnings. Detective Logan reviewed his notes of Appellant’s statement with Appellant, and asked Appellant to sign each page if it accurately reflected what he had told the detective. Appellant signed the notes; after speaking with his mother by telephone, he declined to repeat his statement or have it tape-recorded.

Detective McDonald-who had been driving as Detective Logan transcribed Appellant’s statement-corroborated Detective Logan’s account of Appellant’s statement. He also indicated that he independently reviewed Detective Logan’s notes to ensure their accuracy. A Pennsylvania State Police handwriting expert testified that the signatures on the pre-interrogation form and on Detective Logan’s notes matched sample signatures provided by Appellant.

https://caselaw.findlaw.com/pa-supreme-court/1364338.html

Jose Uderra Pennsylvania Death Row

Jose Uderra was sentenced to death by the State of Pennsylvania for a drug related murder. According to court documents Jose Uderra would shoot and kill the victim after an argument related to a drug purchase where Jose sold what was suppose to be crack cocaine however it was laundry detergent. Jose Uderra would be arrested, convicted and sentenced to death

Jose Uderra 2022 Information

Parole Number: 267AB
Age: 55
Date of Birth: 03/11/1966
Race/Ethnicity: HISPANIC
Height: 5′ 10″
Gender: MALE
Citizenship: USA
Complexion: LIGHT
Current Location: PHOENIX

Jose Uderra More News

The evidence of record, viewed in the light most favorable to the Commonwealth as verdict winner, discloses the following. At approximately 7:00 a.m. on October 18, 1991, the victim, Michael Sharpe, went to the 2900 block of North Orkney Street in Philadelphia to purchase drugs. There, Juan Perez sold Sharpe several vials purporting to contain crack cocaine, which in reality contained ordinary detergent. After discovering the ruse, Sharpe returned at approximately 8:00 a.m., and demanded his money back from Perez. As the two men argued, Jose Uderra, armed with a twelve gauge single-barrelled sawed-off shotgun, approached to assist Perez.

When Sharpe refused to comply with Appellant’s and Perez’s subsequent demands for money, Jose Uderra and Perez threw Sharpe to the ground, hit and kicked him, and went through his pockets. Perez forcibly removed Sharpe’s shoes and coat, throwing the shoes toward the roof of a nearby house and the coat across the street. After unsuccessfully attempting to force Sharpe into an abandoned house, Appellant stood Sharpe up against a wall and shot him in the chest with the shotgun.¹ The victim was shot at such close range that the shotgun shell wadding entered his body.

Immediately following the shooting, Appellant fled to a green station wagon parked on North Orkney Street. Before entering the station wagon, Appellant handed the shotgun to Joanne Rivera, who was standing beside the vehicle, and ordered her to hide it. The victim, although mortally wounded, somehow managed to cross the street and enter a vacant lot, where he collapsed.

Two eyewitnesses, Maria Martinez and Maria Carrasquillo, separately watched the events from windows of their respective homes on the 2900 block of North Orkney Street. Both eyewitnesses immediately called the police, who arrived at the scene within minutes and found the victim alive and bleeding profusely from his chest wound, unable to speak or respond to questions. The victim was transported to Temple University Hospital, where he was pronounced dead.

Having been informed by Martinez and Carrasquillo that the shooter had fled to a green station wagon parked on North Orkney Street, officers later discovered Appellant and an unidentified woman in a green 1973 AMC Hornet station wagon. Martinez and Carrasquillo identified Appellant as the killer. They each recognized Appellant because he had been living in the station wagon parked on North Orkney Street.

Later that afternoon, Joanne Rivera admitted that she had hidden the shotgun at the request of Appellant and directed officers to its hiding place under some debris about two blocks from the crime scene. Officers retrieved the shotgun and recovered a fired shell casing from it. Ballistics testing was conducted on the shotgun and the spent shell casing that was found in it and it was determined that the shell found in the shotgun had been fired by that shotgun to the exclusion of all others. Officers also found an unspent shotgun shell in the station wagon, which was consistent with the shell found in the shotgun and with the pellets recovered from the victim’s body. The shell wadding recovered from the victim’s body was also consistent with the type of shell found in the shotgun.

https://caselaw.findlaw.com/pa-supreme-court/1208742.html

Stephen Treiber Pennsylvania Death Row

Stephen Treiber was sentenced to death by the State of Pennsylvania for the murder of a two year old girl. According to court documents Stephen Treiber would set fire to his house killing his two year old daughter. Stephen Treiber would be arrested, convicted and sentenced to death

Stephen Treiber 2022 Information

Parole Number: 308DR
Age: 52
Date of Birth: 04/30/1969
Race/Ethnicity: WHITE
Height: 6′ 01″
Gender: MALE
Citizenship: USA
Complexion: LIGHT
Current Location: PHOENIX

Stephen Treiber More News

On the night of March 9, 2001, Stephen Treiber set fire to his home while his girlfriend, Denise Riddle, and his two-year-old daughter, Jessica, slept inside. As the home burned, appellant and Ms. Riddle escaped, but Jessica remained in her crib until firefighters removed her; however, they were unable to revive her. Appellant was charged with criminal homicide, reckless endangerment, and multiple counts of arson; the Commonwealth gave notice of its intent to pursue the death penalty.

Appellant’s neighbor, who went to help after seeing smoke emanating from the home, testified at trial that appellant and Ms. Riddle were standing on a second-story deck, and Ms. Riddle screamed for help while appellant calmly stood by with his arms folded. Stephen Treiber asked about the well-being of his dogs but, when referring to Jessica, said, “[T]he firemen will get her. She’s probably dead anyway.” N.T. Trial, 9/30/02, at 97. A fire marshal who investigated the scene testified the fire had been started at two points of origin—one in the basement and the other in the garage—using gasoline, clothing, straw, and candles. He noted the home’s security system had been disabled and one wire had been cut. The marshal also observed a chain ladder affixed to the residence, which, he reasoned, had been recently tethered to the home because it had no signs of rust. Members of the fire and police departments also testified Jessica’s bedroom door was open, and stated appellant was unusually calm and inquired only about his dogs. At the scene, police told appellant they were searching for Jessica, to which he responded, “[W]ell, it’s probably too late anyway.” Id., at 242.

At trial, Ms. Riddle described Stephen Treiber as very controlling, stating he implemented and enforced rules that shoes not be worn in the home, and that bedroom doors be closed and locked. Ms. Riddle also mentioned appellant had previously forbidden her from going to a local bar, once even threatening to burn it down if she went there again. She testified that, during the fire, appellant escorted her and two of their dogs onto the deck, but told her he could not rescue Jessica because “the smoke was too bad[.]” N.T. Trial, 10/2/02, at 124–25. Yet, Ms. Riddle recalled she did not observe much smoke at that time. She also testified that after Jessica was pronounced dead, appellant instructed her not to talk to police, and when she expressed her sorrow of Jessica’s death to appellant, he replied they “could always make another little Jessica[.]” Id., at 136.

The Commonwealth introduced extensive evidence of appellant’s preparatory activities and behavioral changes. Weeks before the fire, appellant became obsessed with fire safety, making Ms. Riddle and her 22–year old son, Erik Keith, practice fire-evacuation routes. One month before the fire, appellant purchased straw on four separate occasions, along with two five-gallon gas cans, and he bought gasoline on two separate occasions the day of the fire. The week before the fire, appellant affixed a chain ladder to the residence as a means of escape. Four days before the fire, appellant called an ADT Security Services employee to his home to update his security system. He disclosed to her he knew how to disable the security system and said a fire might start in his home in a few days. A funeral director testified that during meetings with appellant for Jessica’s funeral arrangements, he did not show emotion and repeatedly referred to Jessica as “it.” N.T. Trial, 10/3/02, at 161.

Evidence of appellant’s motive and intent was also introduced at trial. Appellant’s unwillingness to pay child support was established by testimony from Jodie Treiber, Jessica’s mother. Ms. Treiber stated appellant had a visitation weekend with Jessica scheduled for March 9—the weekend of the fire—but appellant insisted he take Jessica early, i.e., the previous Tuesday of that week. When appellant picked up Jessica, Ms. Treiber informed him she intended to increase his child-support payments. Jamie Pianta,¹ who accompanied appellant and Mr. Keith on the trip to pick up Jessica, testified appellant discussed his plans to kill Jessica to avoid paying child support, stating he would use rope, gasoline, straw, and candles to start a fire in the home. Mr. Pianta said appellant expressed the same plans to him and Mr. Keith about one month earlier, during another trip to pick up Jessica. Other witnesses testified about appellant’s financial motives for the murder. For instance, one month before the fire, appellant tried to increase the limits on his credit card and his homeowner’s insurance, and sought to purchase life insurance on Jessica, naming himself as beneficiary. He also changed his automobile comprehensive deductible but did not alter his collision insurance.

The Commonwealth established appellant took steps to make it appear that someone else started the fire. Specifically, it asserted appellant, about six weeks before the fire, contrived a threatening note and surreptitiously attached it to his own mailbox, arranging for Ms. Riddle to find it and report it to police. The Commonwealth contended the note was appellant’s effort to cast suspicion away from himself and onto an unknown intruder. The note, which was comprised of letters cut from printed materials glued onto the paper, was addressed to “Steve,” and said, “[G]et rid of dogs or I kill them and burn you out again.” N.T. Trial, 10/2/02, at 88–89. Earlier that day, appellant called Ms. Riddle and told her someone was lurking around their home. When police arrived to investigate, appellant told them the doorbell rang earlier in the night but no one was there, and he saw the note affixed to the mailbox at that time. Police discovered hairs stuck to glue in the envelope and subsequently retained the services of DNA experts Dr. Joy Halverson and Dr. Christopher Basten. They determined one of the hairs was a canine hair, compared it to the hair of appellant’s dog, and concluded the hair was 1,000 times more likely to have come from appellant’s dog than any other dog.

https://caselaw.findlaw.com/pa-supreme-court/1710892.html

Leroy Thomas Pennsylvania Death Row

Leroy Thomas was sentenced to death by the State of Pennsylvania for a robbery murder. According to court documents Leroy Thomas who is also known as Larry Rush would commit murder during a robbery. Leroy Thomas would be arrested, convicted and sentenced to death

Leroy Thomas 2022 Information

Parole Number: 0989P
Age: 62
Date of Birth: 12/21/1959
Race/Ethnicity: BLACK
Height: 6′ 00″
Gender: MALE
Citizenship: USA
Complexion: DARK
Current Location: PHOENIX

Leroy Thomas More News

In the afternoon of May 8, 1987, Veranica James Hands had planned to meet her husband and friends at a shopping mall. She did not arrive as planned, so her husband went looking for her. He went to their apartment on the upper two floors of a three-story duplex on Federal Street in Philadelphia. He was surprised to find the door to the building and the door to their apartment unlocked. On the stair landing of the third-floor bedroom, he found his wife’s body, clad in a bathrobe and partially covered with a blanket and pillows. She was eight-and-a-half months pregnant and had been bound, gagged and stabbed to death. She had more than fifty stab wounds, some puncturing vital organs and fatally penetrating her unborn baby.

The third floor of the apartment had been partially ransacked. Pocket change, paper currency, an imitation Rolex watch, Mrs. Hands’ high school ring, gold chain bracelet, other watches, rings and jewelry, and a pair of fingerless sporting gloves were missing from the bedroom. There were no signs of forcible entry into the apartment. A bedroom window was open. Typically, the window was only opened when Mrs. Hands looked out to see who was ringing the doorbell.

Late on the day of the crime, Rush appeared at his acquaintance’s, Jerry McEachin, residence. Rush seemed nervous and scared. He showed McEachin a “MAC” card bearing Mrs. Hands’ name, a high school ring bearing her initials, other jewelry, coins and paper currency, and a pair of fingerless sporting gloves.

Rush repeatedly looked out the window, telling McEachin he was looking to see if the police were after him. Rush said he just stabbed his cousin in her apartment on Federal Street, and he had stabbed a woman in the past. McEachin saw blood on Rush’s shoelaces. Rush explained that he washed the blood from the knife after the stabbing and put it back in its place in the victim’s apartment.

That day, police learned that Rush had been living on the first floor of the building where the victim lived. They went to Rush’s mother’s home, and when Rush approached and saw the police, he fled. The next day, around 2:00 a.m., McEachin saw Rush hiding under a truck in front of McEachin’s home. Rush asked whether any police were in the vicinity. Rush and McEachin then tried to use Mrs. Hands’ MAC card, and they visited several jewelers to sell some of her jewelry. Later, Rush threw his shoes in a dumpster and told McEachin he hoped he had not left any bloodstains or footprints at the crime scene.

Police recovered the jewelry Rush sold and identified it as belonging to Mrs. Hands. Rush’s fingerprints were found on containers where Mrs. Hands kept her pocket change in her bedroom. Rush’s thumbprint was found in blood on a doorjamb by Mrs. Hands’ body.

Harold James, a former police officer, was the victim’s father and Rush’s second cousin. At trial, he testified that after he learned of his daughter’s murder, he visited the crime scene. He then went to the police station to speak to a homicide detective. While waiting, he encountered Aaron Pringle, who lived in the first-floor apartment of Mrs. Hands’ building. Pringle told James that Rush had also been living on the first floor. James spoke with a detective and told him that Rush should be the prime suspect. James’ testimony contained no reference to Pringle saying anything incriminating about Rush.

A police officer testified that when Rush was arrested, he was found hiding behind some clothes in a closet at the home of one of his friends. Rush did not know that the arrest was for a different crime. At trial, to counter the impression that Rush was hiding from the police because he was guilty of killing Mrs. Hands, defense counsel asked the officer what crime he was there to arrest Rush for, and the officer responded that it was for stabbing a lady in a bookstore on Germantown Avenue. Rush had instructed his counsel to elicit this testimony and insisted that he do so. Defense counsel brought this to the attention of the court out of concern for the effect on the jury of evidence of an extraneous crime. The court instructed counsel to proceed on Rush’s directive. Rush was convicted and sentenced to death.

https://casetext.com/case/rush-v-beard