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Case Files, McCleskey Background Materials. General - Baldus Study - Data Collection Instruments, 1981. a312e7bd-5aa7-ef11-8a69-6045bdd6d628. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/8e9c2a80-bd18-4231-91a0-bcd3785e66f6/general-baldus-study-data-collection-instruments. Accessed April 06, 2025.
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MEMORANDUM Date: - March 16, 1981 Vv TO: Professor Tony Amsterdam, Joel Berger, Esqg., John Boger, Esq. Tim Ford, Esq. Sam Gross, Esq., Professor Charles Pulaski and Professor George Woodworth FROM: David Baldus SUBJECT: Data Collection Instruments for Georgia —-- Summer 1981. Enclosed are drafts of the data collection instruments that we plan to use this sumer in Georgia. Item #1. Parole Board Questionnaire —— March 1981. This is a revised Parole Board Questionnaire, The new questions reflect the fact that we have a larger universe of cases i.e., manslaughter as well as murder. It also incorporates a scale which indicates how confident are of the answer to each question. You will see that the format of this confidence scaling procedure varies from question to question reflecting the fact that the data available on each variable differ sub- stantially. Ed Gates is drafting a detailed set of instructions which will be used by the coders in applying this questionnaire. Item #2. Data from Department of Corrections tape. This listing of variables from the Department of Corrections tape indicates the information that we can obtain from the Department of Corrections and add to our Parole Board Questionnaire. The items that we propose to include in the tape have been checked. Item #3. Strength of the Evidence Questionnaire. This questionnaire is a aynthesis of the questionnaire produced by Sam Gross last winter and by Ed Ratledge of the University of Delaware who is doing the most elaborate work on strength of the evidence that I have been able to find. Ed and I picked and chose the variables to include in the strength of the evidence questionnaire on the basis of our judgment and on the basis of Ed's knowledge of which information we were likely to find in the Parole Board files. Those files are constructed in such a way that it is impossible to identify the names of precise witnesses. It is not unusual, however, for the Memorandum March 16, 1981 Page 2 police reports to indicate the number of witnesses and whether they are police officers or civilians. To help you evaluate the proposed strength of the evidence questionnaire, we have enclosed a copy of Sam Gross' original questionnaire and the questionnaire used by Ed Ratledge in his work. The items on Sam's and Ed's questionnaires that were omitted in our proposed questionnaire are marked with a bracket. We have also included a copy of the Parole Board Questionnaire that we used this fall on our LEAA project (October 1980). As we see it, the primary questions which vou should consider are whether we have omitted important questions and whether the questionnaires call for unnecessary information. I am troubled that the questionnaire is now quite a bit longer than what we used last fall and this may slow us down. Also, what do you think of the system used to indicate our confidence in the answers given? We are particularly interested in the procedural questions that will be important when we try to focus on particular decisions. We would very much appreciate your giving us as fast a turn around as is possible on your reactions to these instruments. The reason for our urgency is that Ed Gates will begin coding data that we already have in our files into these new questionnaires as soon as they are final. He has now time available to do that. Thus, we wend like to complete the questionnaires as soon as possible. Your comments in any form would be welcome —— by comments on the questionnaire, a letter or call (319) 353-4157. | Our letters soliciting research help for the summer in Georgia went out last week. Thus far, we have received four or five inquiries from good people. Our letter to the Parole Board requesting access to their files also wentiout last week and we should probably hear from them within a month. Case # GEORGIA PAROLE BOARD QUESTIONNAIRE MARCH, 1981 Offender's Name 1. Case Number 2. Date of the offense PREY 3. Date of the conviction iS 4. Did the prosecutor announce an intention to seek the death penalty? 0 = Unknown 1 = Yes 2 = No 4a: If-Yes; was:there a-penalty trial ? 0 = Unknown 1 = Yes 2 = No 9 = Not applicable (death penalty not sought) 4b. If the prosecutor announced an intention to seek the death penalty but there was no penalty trial, the raeson was: Plea Bargain Prosecution waived or refrained from seeking the death penalty and there was no plea bargain. Judge took the penalty issue away from the jurors or dismissed them before the penalty trial. Other 5. Presiding Judge's Name 6. Status of the principle defense council 1 = Retained 5 = Georgia ACLU 2 = Appointed - private 6 = Team Defense Project, Inc. ; 3 = Public Defender 7 = Appointed but affiliation 4 = Legal Aid unknown 0 = Unknown 7. Part A. Jury Trial Part B. First Trial Bench Trial Retrial Indictment: Final Plea: for multiple counts only Liability Trial: Number of Counts: Term of Sentence: Concurrent or consecutive: Appeal: Murder Voluntary Manslaughter Involuntary. Manslaughter Armed Robbery Rape Kidnapping Burglary Arson in first degree Other Violent Crimes Other Felonies Midsdemeanors Present Offense(s) Enter actual # of counts against the defendant for each crime. Use Charge coding. Guilty 2 = Not Guilty Guilty of a lesser included offense Not quilty of some, guilty of others Not guilty of same and guilty of a lesser included offense of others Use Final Plea coding. ter actual # of convictions for each crime. 1 3 4 5 Enter actual term of years. enter the range. 98: = Life 99 = Death Multiple counts - colum (1). For convictions of more than one count in a single crime category, code: 1 = concurrent sentences 2 = consecutive sentences Multiple crimes - colum (2). For convictions of crimes contemporaneous to the murder or manslaughter crime, code: Where there is a range in years, 1 = sentence is concurrent with murder/manslaughter sentence 2 = sentence is consecutive to murder/manslaughter sentence 0 = Unknown 1 = Conviction and sentence affirmed 2 = Conviction reversed; sentence not passed on 3 = Conviction sustained but penalty reduced 4 = No appeal 4 od - < Se od RV Hi & RS hg / ~~ 3 << No XY ov 4 << 8, < C1 Q $i nd of OT a Yi aes) EY © 7 7 f 1 ! | | * ¢ i Cage NO... =30e Offender's Name B. Counsel and Indictment Information (not to be punched) Primary Defense Counsel's Kame and address: («lf Lhsel) Names of Secondary Defense Counsel (without address) DA and Assistant DA's Names (without address) Murder Indictment # County of Trial Date of Trial (same as Variable #4) OFFENDER'S NAME : CASE NUMBER C. VICTIM LiST (not to be punched) 1. Names of Victim(s) (if more than 3 victims, enter names & other \ information on the bottom of this page). Victim 7 Name : Date of Death & County of Death NRT (Enter only if race is unknown) A.: 1 ; / / L. "2 / Z C.i3 /. / 2. Race of Victim(s) Victim a. #1 - White Black Nat/Am Spanish Other Unknown (1) (2) (3) Speaking (4) (5) (0) _b. #2 - White Black Nat/Am _ Spanish Other Unknown (1) (2) (3) Speaking (4) (5) (0 Co Cet #3. White Black Nat/Am Spanish Other Unknown coli TIT Speaking Ta) Wm Original Charge Lesser included offense For pleas to lesser included offenses For guilty findings of lesser included offenses If Appealed, date of Supreme Court decision MM/DD/YY / / Code: 000000 = Unknown 000008 = Not applicable because no appeal For Appeals where conviction sustained and penalty reduced, specify reduction: Characteristics of the Defendant Defendant's Sex Code: 0 = Unknown l = Male 2 = Female Defen t's Race Code: 0 = Unknown 4 = Spanish speaking 1 = White 5 = Oriental 2 = Black 6 = Other 3 = Native American Defendant's Birthdate MM/DD/YY 7 of Defendant's Living Arrangements Prior to Apprehension Code: 1 = Certain 2 = Probably 3 = Possibly Living Alone No Home Living with Spouse Inmate of Institution Illicit Relationship Living With Another Family Living With One or More of Living With Parents or Same Sex Pseudo-Parents Other Occupational Skill of Defentant PART A A 0l = Professional D 02 = Executive 03 = Policeman, Fireman or Corrections Employee 04 = Judicial Officer (or former), : District Attomey (or former) — or Lawyer 05 = Military 06 = Proprietor B 07 = White Collar Worker 08 = Apartment/Hotel Manager 09 = Store Manager C 10 = Blue Collar (all skilled i laborers will be considered blue collar; i.e., mechanics, factory workers, truck drivers) 11 = Farmer or Fisherman PART B If your answer is 26 or 00, then answer for goups A through F using the Confidence Rating Scale. If your answer is anything but 26 or 00, then enter 6 for groups A through F. Code: 21. m l d b d b W N D H O E T a Unknown Yes Pr Po B - certain robably yes ossibly robably not Definitely not 12 = Juvenile (too young for school) 13 = Student 14 = Retired 15 = Unskilled Laborer 16 = Security Guard (not sworn) 17 = Store Clerk 18 = Service Station Attendant 19 = Waitress, Bartender, Taxi Driver or similar service person 20 = Housekeeper 21 = Drifter and Nonresident 22 = Professional Criminal 23 = Unemployed or No Occupation 24 = Prostitute or Pimp 25 = Other 26 = Employed but Occupation Unknown 00 = Unknown Group A Group B Group C Group D Group E Group F Employment Status of Defendant Prior to Apprehension Employed full time 4 Employed part time Unemployed (recently) 5 (6 months or less) 6 0 = Unemployed (long time) (over 6 months) Never worked (nonstudent, capable) Incapable or working Not ascertained OFFENDER'S Criminal Record Before the Event in Which the Murder Occured. 22. 222A. 23. 23A. 24. Number or Prior Felony Arrests Code: 00 = Unknown Blank = None Reliability of This Number Exhaustive List Possibly are more Probably are more Unsure if more Code: > W N n n n Number of Prior Misdemeanor Arrests Code: 00 = Unknown Blank = None Reliability of This Number Code: 1 = Exhaustive List 2 = Possibly are more 3 = Probably are more 4 = Unsure if more Date of First Arrest for a Felony mw GO YY Code: Blank = None 000000 = Unknown 26, 27. 28. 29. Number of Prior Convictions and Sentences Code Colum (1): O = Unknown Blank = None CS = 9 or more Code Colum (1) Actual Number of Convictions Murder Armed Robbery Rape Kidnapping Burglary Arson (in the lst degree) Other Violent Personal Crimes Other Felonies Midemeanors Prior Incarceration Unknown Code: 0 = 1 = Yes and in Georgia 2 = No 3 = Yes but outside Georgia Number of Times Sentenced to Prison for a Felony (Enter actual #) Code: 0 = Unknown Blank = None Number of Times Sentenced to Prison for a Misdemeanor (Enter actual #) Codey O= Unldioin Blank = None Number of Times Incarcerated in Yo Detention Center (cater Actual #) uth (2): 000 = Unknown Blank = None 099 = Life (2) Combined Length of Sentences 31, 32. 33. Characteristics of Victim #1 (Prepare supplemental sheets for additional victims) Sex Male = 1 Female = 2 Unknown = 0 Race White = 1 Black = 2 Nat/American = 3 Spanish Oriental = 5 Other ='6 Unknown = 0 speaking = 4 Age (enger actual # of years, if known) Completely unknown = -1 If phase of life cycle only is known: Aged adult (over 65) = 99 Teenager (13-19) = 96. ° Middle Aged Adult (35-65) = 98 Child (6-12) = 95 Young Adult (20-34) = 97 Preschool (under 6) = 94 Relationship of Victim to Defendant PART A Code: Unknown Yes — Certain Probably Possibly Probably not Definitely not Family Friend or Intimate Casual Acquaintance Il Il Ul ad s W N = © I I Work Associate Criminal Association Stranger PART B Relationship of Victim to Defendant 01 02 Husband, Wife, or ex Parent Step-parent Child Stepchild Sibling In-law Other family Neighbor Other acquaintance ‘Boy or girlfriend/ or ex (intimate relationship) Employee or ex Employer or ex Co-worker or ex Friend or ex Homosexual relationship 34. Occupational Skill of Victim See occupational skill of defendant 35. Employment Status of Victim See employment status of defendant 18 18 20 21 22 23 24 25 00 09 Unrelated current or prior confederate in crime Other - known to victim Gang member Stranger Parent-child relationship when it can't be determined whether foils 2, 3, 4, Or.5 apply Business associate when it can't be determined whether foils 13, 14, or 15 apply Casual acquaintance when it can't be determined whether 10 or 11 applies Other known to defendant Unknown Enter for 2nd foild if only one applies PART B ) J 4H Group Group Group Grou Group i J JO 10 jo | Characteristics of the Offense(s) 36. Where did the murder (s) occur? (Enter up to 2 foils) 01 = Hotel, motel, or other commercial 10 = Other place of business short-term residence 11 = Any vehicle 02 = Victim's residence (initial entry- x ; without permission) 12 = Street or sidewalk 2A = Victim's residene (initial entry 13 = Woney or fo af with permission or outside) 14 = County road in rural area 03 = Residence of offender : 15 = Park or school grounds 3A = Residence of offender and victim 16 = Vacant field or woods 04 = Other residence (initial entry 17 = Jail/prison or while defendant without permission) was in lawful custody of police 47 = Other residence (initial entrv Sr ourpeciione officer with permission or outside) 18 = Other 05 = Service station 19 = Other non-commercial public 06 = Liquor store Place 07 = Bar or cocktail lounge (and immediate environs) 00 = Unknown 20 = Victim's place of business 08 = Parking lot area 09 = Not applicable and enter for : 2nd foil if only one applies 37. Did the murder occur while the offender was engaged in the commission of another offense (whether or not the defendant was charged and convicted of the offense) (enter up to 3 foils) ? 01 = Kidnapping 07 = Theft 02 = Armed Robbery ’ 08 = Prostitution/commercial 03 = Rape vice/narcotics 04 = Aggravated Battery 10 = Other non-violent crime 05 = Burglary or arson in the 1st degree 06 = Other violent personal 11 = No contemporaneous offense crimes : 12 = Aggravated assault 00 = Unknown 09 = Not applicable, enter for foils if fewer than 3 apply Code: Defendant's Motive Unknown Yes = Certain Probably Possible Probably not Definitely not Viel | SER IE n b d W N D H O Iong term hatred Revenge Sex Jealousy Immediate rage (when conversation BA —— leads to argument and killing) Racial animosity To avenge the role played by a present or former judicial office, D.A., or lawyer in the exercise of his/her duty To avenge the role played by a present or former police officer To facilitate obtaining money or other things of value for the defendant or another To collect insurance proceeds Killing for hire 39. Special Precipitating Events Code: 0 = Unknown 1 = Yes - Certain 2 = Probably 3 = Possible 4 = Probably not 5 = Definitely not Dispute between victim and defendant over money or property Dispute due to influence of drugs or alcohol Dispute between spouses or ex-spouses Dispute between family members other than spouses or ex-spouses - 0 - Other To facilitate the commission of a non—-property related crime: 1i.e., kidnapping To silence a witness to a crime To prevent the arrest or recapture of the defendate or of another To escape custody from jail Or prison To facilitate the victim's suicide Unknown lover's or ex-lover's quarrel Lover's triangle Assault on the defendant by the victim or by another Other disputes and fights where it is unknown who provoked the fights 41. Method of killing/cause of death (enter up to 4 foils) 01 = Gunshot wound 15 = Burns (arson) 02 = Knife woulnd 16 = Electrocution 03 = Bruises (beating from blunt 17 = Explosion object) 18 = Deprivation/Neglect 19 = Poisoning (including carbon monoxide) 04 = Bruises (beating or stomping with person weapons like hand or feet) 20 = Drug or narcotic overdose 21 = Buried alive 22 = Flame or hot substance 05 = Fractures 06 = Crushing (e.g., with automobile) 07 = Hanging | (non-arson) 08 = Strangulation with hands 23 = Victim thrown from high 10 = Strangulation with ropes or place gaxcys 24 = Other 11 = Choking 12 = Suffocation (e.g., in a : refrigerator) 25 = Injuries from ax or similar 13 = Smothering (e.g., pillow, Sharp shsamumenis blanket) 00 = Unknown 14 = Drowning 09 = Not applicable and enter for extra foils if fewer than 4 apply Special Aggravating Circumstances of Victim Code: 0 = Unknown 1 = Yes - certain 2 = Probably 3 = Possible Bed-ridden/handi capped Mental Defective Defenseless due to Youth Defenseless due to Advanced Age Defenseless because of physical condition or weakness, i.e., frail woman Pregnant Supporting Children On duty, sworn peace-officer Peace Officer, Corrections employee or fireman while engaged in the performance of his/her official duty ‘PART A 01 = Torture (methodical infliction of severe pain to punish victim, to extract information or to satisfy sadistic urge) 02 = Other infliction of "unnecessary pain", i.e., painful use of a weapon not necessary to swiftly kill the victim 03 = Brutal stomping or beating (excessive abuse with hands or feet motivated by a desire to cause pain) 04 = Mutilation during the killing 05 = Mutilation of the body after death 06 = Multiple gun-shot wounds 07 = Multiple gun-shots to head 08 = Multiple stabbing 09 = Slashed throat 10 = Bloody PART B Code: 0 = Unknown 1 = Yes - certain 2 = Probably 3 = Possible Defendant or coperpetrator disrobed the victim Victim was not clothed (in whole or in part) at the time of the killing Execution type murder (methodical, passionless killing of a subdued or defenseless passive victim) Case involved contemporaneous felony and the killing was unnecessary to complete the crime (i.e., store keeper turned over money and offered no resistance) Defendant planned the killing for more than five minutes Victim pleaded for life Special Aggravating and Mitigating Features of the 16 17 18 99 Offense Lingering death of victim Victim held hostage Victim bound and/or gagged Sniper | Luring, ambushing, or lying in wait Defendant attempted to dispose of or conceal the body after death Defendant actively resisted arrest Other Enter when less than 4 foils apply Sexual pervesion or abuse other than rape (sodomy, etc.) Defendant expressed pleasure with the killing at the time of the crime Defendant showed remorse for the crime after capture Defendant committed or is alleged to have committed additional crimes between the time of the murder and his/her arrest (whether or not charged) Defendant on escape from jail Or prison Defendant gave him/herself up within 24 hours after the crime was committed : 43. 44. 45. Number of co=perpetrators (enter actual number) Code: 00 = defendant acted alone (If 00 is entered, enter 99 for question 41.) 99 = there were co-perpetrators but the actual number is unknown -1 = it is unknown if there were any co-perpetrators Number of Persons Killed By defendant (enter actual number) Unknown = -1 Count those actually killed by the offender, : i.e., those killings for which defendant was the triggerman Number of victims killed by other co-perpetrators (enter acutal number) Unknown = -1 Not applicable, no co-perpetrators = 99 Number of Persons Injured or Endangered Number of Persons Injured Other Than Deceased Victim(s) 46. 47. 48. 49. 50. By defendant (enter actual number) Unknown = -1 Not applicable, victim only person involved in the incident = -2 By co-perpetrators (enter actual number) Unknown = =1 Not applicable, victim only person involved in incident or no co-perpetrators = -2 If a gm was used, number of shots fired by defendant and co-perpetrators. If exact number is known, enter actual number. If estimating code: 21 = 1-2 22 = 3-4 23 = 5-6 24 = 7-8 -1 = Unknown -2 = Gun not used How many people other than one decedent were knowingly exposed to "Great Risk of Death" by the conduct of the defendant? Enter actual number or best estimate Unknown = -1 Was the "Great Risk of Death" referred to in question 36 created in a public place? Yes = 1 No = 2 Unknown = 0 No one other than victim exposed to "GR of D" by defendant = 9 51. 52. Defendant's role in the homicide and in any contemporaneous felony. Code: Yes Probably 1 2 3 = Possibly 8 Defendant committed the act causing Defendant did not commit the act but Defendant did not commit the act but the death of the victim. was. aware of the plan to kill and was present at the scene. was aware of the plan to kill and was near the scene functioning in a minor role: e.g., lookout Defendant did not commit the act but was aware of the plan to commit a felony using potentially deadly force and was present at the scene v Defendant did not commit the act but was aware of the plan to commit a felony using potentially force and was near the scene functioning. in a minor role. Defendant did not commit the act and was not aware of an intention to use potentially deadly force, but was aware of the plan to commit a felony and was present at the scene. Defendant did not commit the act and was not aware of an intention to use potentially deadly force, but was aware of the plan to commit a felony and was near the scene functioning in a minor role. Planning the offense Code: Defendant was the prime mover in planning the 0 = Unknown 1 = Yes 2 = Probably 3 = Possibly Defendant was a co—equal in planning the Defendant was an underling in planning the Defendant did not commit the act and was not aware of an intent to commit a felony but was present at the scene. 1 Defendant did not commit the act and was not aware of an intent to commit a felony but was near the scene and func- tioned in a minor role. Defendant did not commit the act and was not present at the scene, but participated in the plan to commit the homicide. Defendant did not commit the act and was not present at the scene, but participated in the planning to commit the felony that led to the act. contemporan- murder eous felony Mitigating Circumstances Relating to the offense from the defendant's perspective (enter up to 8 foils) 54. The Defendant * Code: 0 = Unknown Code: 1 = Substantial 1 = Yes - certain 2 = Moderate 2 = Probably 3 = Slight 3 = Possible 4 = Negligible Acted under duress or the domination of another person Used alcohol or drugs immediately previous to the crime Affect on the defendant of the Had a moral justification for drugs or alcohol at the time killing (e.g., needed money of the crime for sick child, specify Had a history of drug or alcohol abuse Was not the actual killer - - only an accessory Cooperated with authorities (e.g., testified for prosecution) . Had no intent to kill Co-perpetrator (s) received life Had a questionably mental capacity: sentence (s), a lesser, or no to appreciate the wrongfulness of sentence his conduct because of mental disease or defect : Other extenuating circumstances relating to the defendant, Emotionally disturbed at time specify : of killing, as opposed to being ‘under influence of drugs or alcohol Aroused defendant's sex desire Aroused defendant's rage just prior to killing Previous action to arouse defendant's hate : Victim was armed Aroused defendant's fear for life (e.g., in a fight) Provoked defendant with verbal abuse or attack Had abused (physically or verbally), assaulted or injured a person that defendant cared about Provoked defendant by striking, attacking or starting a fight’ Victim had used alcohol or - drugs immediately prior to crime % What were the effects on the victim of the alcohol or drugs used prior to the crime: negligible =slight =moderate =substantial a s e = 56. Number of supplemental victim forms completed for this questionnaire (regardless of actual number of victims) 57. Defendant's IQ Relating to the Victim (enter up to 4 foils) WSE QuesTion # 54 coding Victim showing or talking about large amounts of money History of bad blood between defendant and victim Victim consent Victim a fugitive at time of killing Other extenuating circumstances related to the victim No apparent extenuating circumstances related to the victim Had a criminal record A participant in the crime (enter actual number completed) Unknown = -1 The defendant's defense at trial. Code: 0 = Unknown l = Yes 2 = Probably 3 = Possibly 4 = No Alibi Accident Lack of intent Mistaken identity (someone else did it) Defendant claimed voluntary or involuntary manslaughter 58. Co—-perpetrator's sentences and convictions Conviction Code: murder voluntary manslaughter involuntary manslaughter lesser included offenses Sentence code: (enter actual number of years) 98 99 Co—-perpetrator #1 #2 #3 fa #5 Coder's Name 1ife death Conviction Date of Coding Source of Information Defense of self or others Defense of habitation Defense of property Justification: during course of arrest Justification: reasonable discipline of a minor by a parent Coercion Sentence Please return to: David C. BRaldus College of Law University of Iowa Iowa City, Iowa 52242 319-353-4157 Card £1 Variable # V1 V2 Vo Blank Card 01 x. The Checked Are on The De prctment A Cored sEcsier 1980 TA pe ade Goll be Merged ith The “Parole : Bonrd Q wes Honnuire_ Capital Punishment in Ceorgia: Murder The Defendant (Dept. of Corrections and trial transcript) A. General and Screening variables Variable Name v/ Case Number vDefendants Inmate Number Vv ZFive Counties in which sentences were imposed Sentence #1 County Sentence #2 County V Sentence #3 County Sentence #4 County Sentence #5 County Vv Current Offenses #1 through £6 Current offense #1 Current offense #2 Vv Current offense #3 Current offense #4 Current offense #5 Current offense #6 [Omit] Confined from [Omit] Vv'Date sentence began [format: MMDDYY] Date admitted [format: MMDDYY] [Omit] [Omit] DEATH - Colum A. 1-3¢(3) 2-11 (2) 12-14(3) 15-17(3) 18-20(3) 21-23(3) 24-26 (3) 27-30(4) 31-34(4) 35-38 (#) 39-42 (4) 43-46 (4) 47-50 (4) 51-52(2) ~ = pein 57-60 (4 61-66 57-72 73 74-75 76-78 79-80 il | B I ] DOO l-Cl (bb) G1 12(e) p 13 28 502) Vil V12 V13 v14 [Omit] B. Physical characteristics of ciiins [format: MMDDYY] v Race and sex of the defendant 10 Male Female [C White Negro Indian Spanish-speaking Other Defendant's general physical condition N D Nature of Defendant's physical limitations 1. No stooping, bending, lifting, 6 or prolonged standing 2. No strenuous physical activity 3. No duty where definitive medical care is not available. 8. 4, No duty where prescribed diet or medication is not 10. available. 5. No overhead work (lifting 1. items over the individual's head) . 0. 9 ( a I = SU I \O J 0 11-16 : =Te(k) 17 . No limitations 17 . Defect with no major limitation . Defect with major limitation . Very major defect with major limitation . Not Ascertained 18-19 12~1912) - No duty where sudden loss of consciousness oould be harmful to self. - NO duty requiring the wearing of brogans or boots continuously. No duty requiring exposure to dust or other known allergenic material. ° No duty requiring prolonged exposure to extremes in temperature. Limitations not otherwise described to be considered individually. Not reported. r . Not applicable. v C. Residency Place of birth of the defendant : 20=22 rei . -22 (3) 000. Not reported 205. West Virginia NORTHEAST 206. North Carolina 001. Maine 207. South Carolina 002. New Hampshire 208. Georgia 003. Vermont 209. Florida 004. Massachusetts 210. Kentucky 005. Rhode Island 211. Tennessee 006. Connecticut 212. Alabama 007. New York 213. Mississippi 008. New Jersey 214. Arkansas 019. Pennsylvania 215. Iouisiana NORTH CENTRAL 216. Oklahoma 101. Chio 217. Texas 102. Indiana WEST 103. Illinois 301. Alaska 104. Michigan 302. Montana 105. Wisconsin 303. Idaho 106. Minnesota 304. Wyoming 107. Iowa 305. Colorado 108. Missouri 306. New Mexico 109. North Dakota 307. Arizona 110. South Dakota 308. Utah 111. Nebraska 309. Nevada 112. Kansas 310. Washington SOUTH 311. Oregon 201. Delaware 312. California 202. Maryland 313. Hawaii 203. Dist. of Colunbin 204. Virginia .888. foreign country 555. Federal V16 vv Residence of the defendant (Use standard county 23-25 a code = Appendix A) 23-25 (3) D. Personal Characteristics 1. Family Background 26 Y gr YH "ami avi ttern #1 V17 v Family behavior pa 1. Colulnnlity 2. Alcoholism 3. Drug Abuse 4. Danineering to the extent of stifling normal devel- opment of independence . Migrant . Inflict beatings or whip- pings frequently . Grossly Permissive . Frequent absence of father and mother figure . Not Applicable. . Not Ascertained - oy In 00 ~J 9 0 V18 ve Family behavior pattern #2 57 1. Criminality Z7 2. Alcoholism 3. Drug Abuse 4. Domineering to the extent of stifling normal devel- opment of independence 5. Migrant 6. Inflict beatings or whip- pings frequently 7. Grossly Permissive 8. Frequent absence of father and mother figure 9. Not Applicable 0. Not Ascertained V20 [Omit] 28 ad 23 V21 [Omit] 29 AO 2 Omit V22 [Omit] a Guardian status to age 16 1. Orphanage : 31-32 2. Father Only Head 3. Father with Mother as Head 4. Mother Only Head 5. Mother with Father as Head 6. Other Female 7. Other Male 8. Step-Parents 10. Foster Home 11. Grandparent(s) 0. Not Ascertained 33 Environment background of the defendant to age 16 1. Rural (Farm) ——- Raised in farming environment. 2. Rural (Non-Farm)-- Unin- corporated community or area. 3. S.M.S.A. —— Standard Metro Statistical Area, over 100,000 population. 4. Urban ——— City over 15,000 population. 5. Small Town —— City under 15,000 population. 0. Not Ascertained. 2. .Mental Condition [Omit] 34 Defendant's I.Q. score [actual score] 3537 [Omit] 38-39 Educational level of the defen- -10. Not reported 40-42 dant -- years of schooling completed 001-012. As indicated 013. Any college 014. Any graduate school a 35-371(3) ay] 3% -39(2) H40-42) V31l V32 J V33 Vv V34 3s V6 VAT [omit] 4. Employment record Occupational Skill #1 Occupational Skill #2 Employment status prior to apprehension Defendant's SES Status Defendant's marital status Did the defendant have any children? Living arrangements prior to apprehension 43-45 oD 43-45 (3) [See Appendix A] 46-48 Zag (3) [See Appendix A] 45-51 5-57 (3) 52 1. Employed full time 52 2. Employed part time 3. Unemployed (recently) (6 mo. or less) 4. Unemployed (long time) (over 6 mos.) 5. Never worked (nonstudent, capable) 6. Student 7. Incapable of working 0. Not Ascertained 1. Welfare 53 a 2. Occasionally employed S53 3. Minimum standard of living ($3,000 or equivalent annual income) 4. Middle class 5. Other 0. Not Ascertained 1-9 (actual number) 55 So. won O O U d W N . Living with Spouse . Illicit Relationship . Living with one or more of same 54 . Single (Never Married) SH Married . Separated . Divorced (Not Remarried) . Widowed . Common law marriage (Established) . Not Ascertained = 9 or more for "unknown" vs 56-57 a .- Living alone 5-57 (25 Sex . No home . Inmate of Institution . Living with another family . Living with parents or Pseudo-Parents « Other «am . Not Ascertained Yim record of the defendant 58 Honorable 5% General . Undesirable . Bad Conduct Dishonorable . In Service . Not Ascertainable Not Applicable L o o n u n m d b d W N vis [Omit] V40 Discharge date [format: MM/YY] 62-65 val Branch of service 66 . Air Force Le . Army . Navy . Marines . Coast Guard . Other . No Military service/not applicable 0. Not ascertained w o o d » W h H+ V42 [Omit] 67 0 68-69 Islam (Muslim) (5-9 (2) . Catholic . Baptist Methodist . Episcopalian . Presbyterian . Jewish : . Other and Holiness and Church of Gcd . Not applicable . Not ascertained V43 v’ Defendant's religious preference C O ~ N O Y U T D W N LJ [] 9 0 Blank : 70-78 Card 02 79-80 Card #3 Variable # vel V62 V63 V64 Number of previous convictions - Number of prior arrests Number of detainers Prior conviction offense #1 Prior conviction offense #2 Prior conviction offense #3 Prior conviction offense #4 Prior conviction offense #5 Prior conviction offense #6 Detainer offense #1 Detainer offense #2 Detainer offense #3 Detainer offense #4 State code of felony conviction #1 Number of prior felony convictions in state #1 State code of felony conviction #2 Number of prior felony convictions in state #2 State code of felony conviction #3 Number of prior felony convictions in state #3 State code of felony conviction #4 Number of prior felony convictions in state #4 [actual number] [actual number] [actual number] [see Appendix A] [see Appendix A] [see Pppendix A] [see Appendix A] [see Appendix A] [see Appendix A] [see Appendix Al [see Appendix A] [see Appendix A] [see Appendix A] [See V. 15 code] [actual number] [See V. 15 code] [actual number] [See V. 15 code] [actual maar] [See V. 15 code] [actual number] 10-12 13-13 16-18 -3 (3) 4-1 (3) = {3) jo-T12(3) IST5(3Y T7222) 21-24(3) 25 -2%(3) 2G-32.(3) 33-30(3) F7-490(3) qr=G (3) OSU) T5203) 53-5 (3) 5 5% (3) 59-01 (3) ——— 1-3 (3) TG 3) NBN jo-12. (3) 13-15 (3) I~ 19(3) State code of felony [See V. 15 code] 19-21 conviction #5 19-21 (3) V66 Number of prior felony [actual number] 22-24 convictions in state #5 TiS) V67 - State code of felony [See V. 15 code] 25-27 conviction #6 25 -27(3) V68 ~ Number of prior felony [actual number] 28-30 convictions in state #6 2% -30(3) V69 [Qmit] : 31-33 © §0D 30-33(3) ao Prior incarceration in Georgia 34 1. Yes 34 2. 0. Not ascertained V71 Nurber of prior escapes [actual number] 35-37 35-37(3) V72 [Omit] 38-43 ALDLDD 354 3) v73. [Omit] 44-49 NED 44-04 {Le Sos Inmate behavior problem #1 50-8 ct l. Escape tendencies $H-51 (2) 2: Assaultive 3. Suicidal 4. Narcotic Addict 5. Homosexual 6. Epileptic 7. Withdrawn 8. Poor reality contact 10. Alcoholic 11. Manipulative 12. Drug abuser 13. Drug experimenter 14. Alcohol abuser 15. None 0. Not ascertained V79 [Omit] [Omit] [Omit] [Omit] [Omit] [Omit] Organized crime association O N 52-53 54-55 . 56 57-58 Suspected association . Subordinate capacity High level capacity . No known connection . Not ascertained 10 Ti SZ2-53(2) _80 ree — U-SS(2) 59-6il3) Log. 4 [Omit] [Omit] Was the defendant an escapee at time of the offense? Was defendant a prisoner at the time of the offense? Case Number [Omit] [Omit] Date of offense Date of arrest Verification of Offense and Sentence Canned data [Orit] [Omit] [Omit] [Omit] [Omit] [Omit] [Omit] 1. No 2. Yes 0. Not ascertained l. No 2. Yes 0. Not ascertained [format: MMDDYY] [format: MVMDDYY] 11 24 2ersel 5-28 CO ome TTY 29-52 24 eres 24-5224) 53 53 54 SY 55-78 79-80 i 1-3 OO Iv5i43) 4-11 gone Tq 23 12-17 oOo 12-17 (2) 18-23 18-23(L) 24-29 = 24-29 (b) 30-33 OOD) 35-33 (4) 34-36 COD 34=-30(3) 37-38 Eo 239-235(2) 39-42 £4 IaHe(4) 43-46 03k 4) 47-50 SOLO 47-S0M) 51-53 _O59 I. Witness Accounts Identification: Questionnaire Strength of the Evidence enter actual # of witnesses. The left witnesses against the defendant. against a co-perpetrator if there are co-perpetrators. the accused is defendant or co-perpetrator. hand colums are for The right hand colums are for witnesses For this question A witness should be listed for only one observation. If a witness saw several events enter him/her only for the most incriminating event. Police Civilian Witness saw accused commit the act Witness saw accused with a weapon at or near the scene either immed- iately before or immediately after the act. Witness saw accused at or near the scene either immediately before or immediately after the act (but no weapon was noticed) Witness saw accused with the victim close to the time of the act. Witness saw accused near the scene close to the time of the act. Witness recognized the voice, gait, or general appearance of the accused and thus placed accused at or near the scene at the time of the act. Witness heard remarks concerning the killing or contemporaneous felony that implicated the accused. Such remarks were: Code: 1 = Admission of murder 2 = Concerning a murder 3 = Admissions of same other felony 4 = Concerning sare other felony 5 = Concerning weapons 6 = Other inculpatory remarks or behavior Other (specify) Police Civilian Police Civilian Police Witness recognized defendant at Or near scene and: Defendant's name known Defendant's name unknown but recognizable Line-up ID Photo ID One way mirror ID Co—perpetrator ID Civilian BLL Ki i ie Rl a a a AR i SS SO SS SA, IT. Particulars of the Crime A. Preparation or Precipitating Events Did witness: Police Civilian Police Civilian have knowledge of actions taken by the accused in preparation of the crime (s) describe the accused as the aggressor in provoking a fight describe the victim as the aggressor in provoking a fight describe the accused as armed describe the victim as armed say that accused could have retreated from the scene but didn't describe the accused as being intoxicated describe the victim as being intoxicated describe hearing an argument between the accused and the victim B. Motive for Crime Did witness: Police Civilian Police Civilian ever hear the accused utter threats against the victim or the victim's loved ones ever hear the victim utter threats against the accused or the defen- dant's loved ones know of bad blood between accused and victim testify to any other motive on the part of the accused to kill the defendant deny that victim uttered threats against the accused IXY. Relationship of the primary witness to the defendant, co-perpetrator(s) and the victim. (The primary witness is the witness whose testimony would be most damaging in the case against the defendant.) Code: A. B. Unknown = Family Friend or intimate Witness - Defendant Casual acquaintance Witness — Victim Work associate Witness - Co-perpetrator* Co-perpetrator Stranger *Not applicable if witness was sole co-perpetrator) H d J i 0 1 2 3 i 5 6 ( Who was the primary witness 0 = Unknown 1 = Civilian 2 = Police Officeri 3 = Other n Was the primary witness' testimony corroborated by another witness 1 = Yes by a police witness 3 = Yes but witness’ 2 = Yes by a civilian witness status is unknown 4 = No If the primary witness was a civilian, was there any problem with the witness' credibility? (Specify ) 0 = Unknown l = Yes 2 = No Is there a written copy of the primary witness' statements in the Georgia Parole Board Files? l = Yes 2=No IV. Co-Perpetrator Witnesses A. If the witness was a co-perpetrator, and the witness made a plea bargain, its terms were: Sentence: Check one: (enter actual term of years) Murder — Life Life Voluntary manslaughter Involuntary manslaughter Lesser included offenses Granted immunity from prosecution Other (specify) For Parts B and C, check more than one if more than one applies. B. If a witness was a co-perpetrator, did the witness implicate the defendant in the: homicidal act planning the homicide contemporaneous felony planning the contemporaneous felony C. Witness' self-incriminatory position: homicidal act planning the homicide contemporaneous felony planning the contemporaneous felony Statements to police by accused (i.e., defendant or a co-perpetrator) connecting him/herself to the crime. Code: 1 = Yes; oral, voluntary and before taken into custody 2 = Yes; oral, voluntary and after taken into custody 3 = Yes; oral, voluntary but not sure if before or after taken into custody 4 = Yes; transcribed or written Defendant Co-perpetrator Statement Statement A. Gave a full confession (if answer is 4 for defendant, omit the rest of this question for the defendant) B. Spoke of intent to kill Admitted killing or participation in killing Admitted participation in contem- poraneous felony Made inculpatory remark concerning killing or contemporaneous felony Admitted presence at scene but nothing more Gave conflicting statements to police Made no admissions; claimed ignorance concerning motive described quarrel with victim claimed self-defense claimed accident claimed lack of intent C. Were the accused's statements consistant with a theory of self-defense 1 = Yes 2 = No 1. Non—-testimonial and scientific evidence A. How was the accused linked to the scene 00 = Unknown 09 01 = Admits presence 02 = Seen there 03 = Heard there 10 04 = Fingerprints at scene 05 = Footprints at scene 11 06 = Tiretracks at scene 07 = Personal belongings of accused found at the scene 12 08 = Trace evidence at scene; e.g., accused's blood type, Q9 hair, etc. (specify ) Evidence Against Defendant Bs than two foils apply) How was this property connected to the 1 = Volunteered to police by 5 accused 2 = Found on accused's person 6 upon arrest 3 = Found in accused's possession 7 (in house, car, etc.) upon arrest 8 4 = Found in accused's possession during a search Evidence Against Defendant of the crime? 1 i Il * Trace evidence found on accused or belongings of accused; e.g., victim's blood type, spent gun shells, etc. (specify ) Personal belongings of the victim or goods associated with the crime found in the accused's possession and positively identified. Money or belongings of the victim or goods associated with the crime found in the accused's possession but not positively identified. Other Enter when less than 3 foils apply Evidence Against Co-perpetrator If you answered 09, 10, or 11 to the preceding question, answer the following question; otherwise enter 9's (Also enter 9's where less accused? Il Found in close proximity to the accused Accused seen dispensing of this property Passed by accused; e.g., forgery Witness saw accused with property Evidence Against Co-perpetrator LR ER a AE MGR 15 IE EF 35 ET C. Did the accused sustain an injury at the scene of the crime that linked him/her to the crime? l = Yes 2 = No D. Did accused take out life insurance policies that positively linked him/her to the crime? l] = Yes 2 = No E. Was the murder weapon found Unknown Yes No Not applicable Code: Il 0 x 2 9 e n How did police get the weapon Il Unknown Found at scene or nearby Voluntarily handed over to police Confiscated during a search = Not applicable Code: Il O C W w W h H F O n o G. How was the murder weapon connected to the accused Code: Unknown Found on accused's person or in accused's possession Found in close proximity to accused Witness positively saw accused with weapon Witness saw accused with a weapon that looked like the murder weapon Accused's fingerprints on the weapon Admitted ownership Ownership otherwise demonstrated Paraphenalia such as a holster or spent shells found on accused Not applicable (or enter where less than three foils apply) W N H O n o n n n I J i h O o o Un Evidence Against Defendant Evidence Against Co-perpetrator H. Was there a ballistics report that Code: 1 = positively linked the fatal bullet(s) to the murder weapon possibly linked the fatal bullet(s) to the murder weapon = Not applicable fl O N I I. Was there a medical report that linked the cause of death to the defendant's actions Code: Yes No Not applicable Il 1 2 9 J. How soon after the crime was the accused arrested Code: 0 = Unknown 1 = Voluntarily surrendered at scene 2 = Voluntarily surrendered within 24 hours of crime, but not at scene 3 = Voluntarily surrendered but not within 24 hours of crime 4 = Apprehended at the scene : 5 = Apprehended within 24 hours of crime, but not at scene 6 = Apprehended but not within 24 hours of the crime Defendant's Arrest | Co—-perpetrator's Arrest #1 #2 #3 #4 VII. Was there a constitutional issue in the case Police report indicates clear guilt and makes no reference to evidence otherwise. 1 = Yoo 2:=.No The Following Questions 10 Beackets weve omytled From OWR RWesTionnkIYE, All OThers wece eluded. CODING FORM FOR STANDARD CASE SET LEGAL-EVIDENTIARY FACTS CARD . 1 (1) A] / ¢/ I. Standard Case Number (Code actual case number) Ae 2. Case Modification Sk Case 00 =~ Standard case is exactly as police reported it. 15 Number .- {)() - Case reported by police has been modified. (Code | actual modification number). 3. Police Charges - (Code actual NCIC codes for each cngrge upto and including four charges. Code all unused columns 8. Write : names I in the spaces below.) eZ Ge | (Gao. 7 Lf 2 wy Lf 3: SATA a Rd L > - puns } 4 225 | L. Complexity of proving the elements. (Code the appropriate : numer from the scale shown below.) 0 1 2 3 L : Very. Average Very | Simple ) Complexity Complicated 23/1) 5a. Is there a constitutional question involved in this case? : 0 = No, put 8's in 5b. 3 = Yes 2 = Indeterminate Fb yes or indeterminate, are the following types applicable? NO YES DNA 24) Search and seizure : 0 ] 8 (1f and only if Item 5a d : was coded 0, code all 25) / Hiranda 0 B three columns of 5b = 8, AY Other 0 1 8 If "Other is coded 0, : HAND TAB. See Coder (n- structions below.) CODER INSTRUCTIONS: Whenever a HAND TAB instruction appears, hand tabulate the actual response on a2 3" x 5" card. Record the 5-digit ID number in the upper left hand corner of the card and the tem number (e.g. 5b.) in the upper right hand corner. 14. Is the chain of evidence in this case: 0 = broken | = Intact 2 = inadequate Is .there sufficiency and quality of evidence to prove Prima Facie? 0 = No 1 = Yes 9 = Unknown Is there sufficiency and quality of evidence to overcome a directed verdict? : 0 = No 1 = Yes 9 = Unknown Is there sufficiency and quality of evidence to prove beyond a reasonable doubt? 0 = No Ao 1 = Yes . 9 = Unknown How many police witnesses? 0-8, 9= 9 or more How many civilian witnesses? 0-8, 9=9 or more How many expert witnesses? 0-8, 9=9 or more Of all the civilian witnesses (see Item 11), how many will be used at the trial? 0-8, 9= 9 or more Will there be problems about the quality of civilian witness testimony? 0 = No I = Yes 8 = DNA a2 = Unknown an 207 i5. 18. 20. 7. Will there be problems about civilian witness credibility by. judge or jury? : 0 = No | = Yes 8 = DNA 9 = Indeterminate Will there be problems because of previous arinlna records of civilian witnesses? 0 = No 1 = Yes 8 = DNA 9 = Indeterminate Will the essential civilian witness(es) be available? 0 = No I 3 = Maybe not 8 = DNA : | Yes What is the relation of victim to defendant? 0 = Intimate 1 = Friend or acquaintance 2 = Enemy 3 = Business or co-worker L = Stranger - 8 = DNA | gS - Unknown What is the motivation of complaining witness? 0 = Doesn't want to prosecute 1 = Desires to prosecute 2 g Afraid to prosecute Unknown u Were any physical objects of potential evidentiary value Involved in this case? : 0 = No - Write 8 in Q. 21 - 25 inclusive ] = Yes (44) a 2 45), O ir lr | 21. 22. 23. 24, Was any physical evidence recovered? 0 = No 1 = Yes 8 = DNA S = Unknown If physical evidence was not recovered, is there testimonial evidence about the physical evidence? 0 = No | I = Yes 8 = DNA 8 = Unknown Of what type is the physical evidence or thas physical objects about which there is testimonial evidence? (Check all.) : No Yes DNA a. Weapon(s) a | 8 b. Property of victim, 0 ] 8 other than weapon c. Other physical objects . 0 ] 8 (HAND TAB) }£ 23a. is 0, 50 to 0. 25 , andiput 8's in Q. 25. If the physical evidence -is, or the testimonial evidence is about weapon(s) : a. Mare any of the weapons a gun? O=Ho=BotoQ, 25, Pur B's inh ~ i, 1 = Yes | : 8 = DNA 9 = Unknown id the defendant have more than one weapon? No | Yes D 0 1 2 = Yes and enough to constitute an arsenal 8 = DNA S = Unknown | s=-om | 9 = Unknown a If more than one weapon, were they other than a qun? 0 = No : ; tit ] = Yes 8 = DNA (Code 8 if only one weapon) 9 = Unknown Were any of the guns a sawed-of f shotgun or machine gun? 0 = No ho 1 = Yes 8 = DNA : “a. t%s 9 = Unknown Were any of the guns: 0 = Operable and loaded 1 = Operable but not loaded 2 = Inoperable 8 = DNA GQ = Unknown Were any of the guns fired? 0 = No ! = Yes 8 = DNA Were spent shells retrieved? 2 0 = No : I = Yes. 8 = DNA (Code 8 if f is 0) 9 = Unknown Were any of the guns altered or defaced? 0 = No 1 = Yes 8 = DNA 9 = Unknown i. Were the weapons stolen and reported as such? 0 = No l = Yes NA BNL / | ; (x 25. Re 603.4 QO styl end £4) Were the defendant's fingerprints on any of the weapons? 0 = No ] = Yes 8 = DNA 9 = Unknown Will testimony support the existence of the weapons? 0 = No ; 1 = Yes 8 = DNA QS = Unknown Will testimony identify the weapons? 0 = No 1 = Yes 8 = DNA 9 = Unknown : AS . How were the weapons connected to the defendant? (Code only the one, strongest connection.) 0 = Found on defendant's person I = Found in defendant's possession 2 = Found ‘in close proximity to defendant 3 = Defendant seen disposing of weapons L; = Witnesses saw defendant with weapons 5 = Paraphernalia such as holster, spent shells found on defendant 6 = No connection possible 8 = DNA S = Unknown Of what type is physical evidence or physical objects about which there is tesdudémaedas evidence, other than weapons? (Check all.) : NO YES DNA UNKNOWN Personal effects, cash, bills, notes, coin, jewelry, etc. 0 1 8 g Vehicles : Hig y te 18 9 Property from residential or commercial buildings _ _ | 8 9 Drugs and paraphernalia 0 I 8 9 Other (HAND TAB) - 0 L 8 9 b.” Can victim or representative show proof of ownership of property indicated in Item 25a.? 0 = No 1 = Yes 8 = DNA S = Unknown a 66) 21: c. Can victim or representative identify the property? 0 = No | I = Yes : 8 = DNA S = Unknown wn’ rt / ae rs. Can victim or representative establish the value of property : indicated in Item 25a.7 1 0 = No 1 = Yes & = DNA A ~~ ~ 9 = Unknown a 4 e. How was the property connected to the defendant? Te (Code only, the one, strongest connection.) 0 = Found on defendant's person 1 = Found in defendant's possession ) 2 = Found in close proximity to defendant 3 = Defendant seen disposing of property L = Witnesses saw defendant with property 's = Passed by defendant (e.g. forgery) 6 = No connection possible 8 = DNA 9 = Unknown 69)/__/ [ 25. Vf no physical evidence involved, is ther uasdemasiss cvidence to prove a crime (e.g. simple assault) 0 = No l = Yes amt ID. : 27. a. 1s there forensic evidence (defined as subject to the whole range of medical, chemical or physical examination) available in this case? 0 = No 1 = Yes 28. b. Of what type is the forensic evidence? " (Check all) NO YES DNA UNKNOWN Medical o} | 8 be) Chemical, labora- tory & technical 0 1 8 9 Ballistics 0 ] 8 9 Fingerprints or handwriting 0 ] 8 4S Anatomy and ; physiology oc ] 8 9 Other ) (HAND TAB) Dig} 8 9 How many defendants are there in this case? 0-8, 9=9 or more Unused (Columms 78 and 79) Card Number (Column 80) Le ar a Se r= (If and only if Item 27a. was coded 0, code all columns in Item 27b. = 8) GY lw) of & Lil J (5) / CARD 2 DEFENDANT NUMBER Standard Case flunters cose actual case number exactly as in Item 1) Case Hodification 00 =~ Standard case exa y as police reported it Defendant (J() - case repor by police has been modified. 2 (Code ual modification number. The 2- umber - di code in ltem 2.) Defendant Number 23. Time from offense to arrest (use shortest time period) 0 = On scene 1 = Within 24 hours 2 = Within .a week ° } 3 = More than a week 8 = Unknown Ly 30. How was identification made? (Check all applicable) AS NO YES On-scene by witnesses i Line-up Photo - 1D i Ea Ea Fingerprints £0 . Q C OO © a r d a e d m d e n d m d One-way mirror or other viewing device Known previously a 1 Seen but not known 0 1 Other 0 1 ‘(HAND TAB) : 31. Role in offense 0 = Solo 1 = Co-defendant S = Unknown *32. 33. #34, 35. NL Ao 36. *37. 38. Actions at commission of crime 0 = i'n 2. *Needs prosecutorial . review Active, no violence Active, violence or proceeds of violence Active, threatened violence Passive, subservient Passive, planner, dominant Dupe, aidor, abettor Unknown a statement of denial made? No Yes Indeterminate defendant admit to involvement in offense? “No Yes Indeterminate admission to offense: > Transcribed Oral Both : DNA (Code 8 if Item 34 was coded 0 or 9) admission transcribed and signed by defendant? No Yes DNA defendant confess to crime? No Yes Indeterminate confession to crime: Transcribed Oral Both : Hw | At | . DNA (Code 8 if Item 37 was coded 0) | 10 i ~— . - 39. Was transcribed confession signed by defendant? 0 = No 1 = Yes 8 = DNA LO. When were the following made: (Check all) After com- mission of crime, be- After fore arrest arrest DNA Unknown Big Statement of : (Code 8 if Item denial $a 0 1 8 9 - 33 was coded 0 : : 8 or 9) us : (Code 8 if Item Admission 0 1 , 8 gS. 34, was coded © or 9) : (Code 8 if Item Confession 0 el a 9 37 was coded 0 : ; or 9) 1.2] Card number (Column 80) -i3] = The Ques Tons " Renckelds wece omiited From. OUA Quashonnnive All OTheas Were included. LA. THEORIES OF THE PROSECUTION 12/80 S.Geoss SL ——— ], Jdentificetion of accused as perpetrator l. Theory of prosecution: «Accused committed the zct that caused the death of this victim, Accused did not comait the act but was present at the scene as the accomplice of the person vvho did 2nd commited the act that caused the death of a ce-victinm. Accused did not commit the act but was present at the scene as the accomplice of the persen who did. Accused did not commit the zct but was the accomplice in 2 plan .to kil} of the person vho did znd was near the scens functioning as 2 Tookout, driver of .a getaway car . Or in 2 similar role, Accused did not cownit the act but. vas the accomplice in 2 plan to copmlii 2 felony other than a killing of the person who did and was nezr the scene functioning zs ‘a lockout, driver Of a getaway. car or in a similarirole, Accused did not commit the zct : and was not present at the scene but planned or instigated the homicide. Accused did not commit the aet and was not present at the scene but planned or instigzted the crife that resulted in the homicide. (pssputes by defense Yes no A] 3X... Theory of liebility of accused for (first degree) murder 2. Was the accused charged with (first degree) murder: Yes No 3. Did the prosecution and/or police contend that the killing took place during the commission or attempted commission of a felony: Yes No If Yeg, what felony: [vas this theory disputed by the defense: Yes : : No + L, Did the prosecution and/or the police contend that the killing was premeditated and deliberate: Yes ' No Soe If Yes: Was this theory disputed by the defense: Yes 11. Theory of Notive Tor killings prosecution and/or 5. Dig the/fpolice have a - heorv.as to the motive Tor the Xilliing: Yes g Nog If Yes, was the motive: Revenge Sexual assault Sexual Jealousy Family quarrel Race : Escape or flight from custoly Monetary gain Sadism Unintended consequence of another crime Other --- ; describe: (tas this theory disputed by the defense: Yes : No “IV. "Danger Torn victin 4. Did the proseartion and/or police claim that the victim was unarmed (had no weapon within his/her control) at the time of The killing: Yes : No (a Yes, was this disputed by the defense: Yes No 14 9. Did the prosecution and/or police claim that the victim was especially vulnerable because oly 0ld age Youth Sex Small size Physical infirmity on Mental infirmity Sleep Previous injury Trust in killer Other describe: Vizg this disputed by the defense: Yes - No BE. PROSECUTION EVIDENCE r Prosecution Witnesses on liege Witness # s+ Rame: I. Backround of Witness 2¢ Sex: RH ; 3. Age at time of killing (whole years): 4. Nentally abnormal: No $ Yes 5. Knew Accused: Yes : No If Yes: Family member Co-worker __ Employer Business acquaintance Neighbor_ Friend Social acquaintance 6. Knew Victim! Yes Noh, If Yes: Family member Co-worker Employer Business acguaintance Neighbor Friend Social acgualntance 7. Law Enforcement officer: Yes 3 Bo (c Had prior criminal convictions: Yes soo : if ves: Felonies (number) Misdemeznors (number) 9. Lccomplice: Yes + No f Yes: Admitted pariticipation in hemicidal act, and testified that the mccused was a co-participant: : Admitted participation ivy {he homicidal act, and testified that the accused did not paricipate in the acti but was responsible as a co-principle: Denied participation inn the homicidal act, end testified that the accused did participate in,;or vas the sole person who committed, the zciual Elling: Others . A Beplain briefly: Nature of promise DY prosecutors or other inducement to testif] (describe brisfly): bo /IF NOT ACCOMPLICE/ Had Motive to testify against the accused: Yes 2. NO Describe motive briefly: : II. Stztements and Testimony Given = Dzte .police and/or prosecutors first bvecame aware of this witness: day month year (z- Statements to police and/or prosecutors (give number, if none "0"): Piret Statement: fate iii i Written by witness: Written by police Or prosecuiors: Signed by witness: Recorded electronically: Not recorded in writing or electronically: ———————————— Second Statement: Written by witness: Written by police or prosecutors: ¥ Signed by witness: Recorded electronically: Not recorded in writing or electronically: Inconsistent with any statement listed above: Yes : No. If yes, explain eietiny — Third Statement: Written by witness: ¥ritien Dy police Or prosecutors! Signed by witness: Recorded electronically: : Bot recorded in writing or electronically: sf No If yes, explain briefly: —— —_— a l Inconsistent with any statement ligted above: Yes (give number, Af none “0% 13. Statements fo defense sitorneys endfor defense investi igators:/: First Statement: Date ff hf Written by witness: Written by defense attorney or investizator: Signed by witness: : Recorded electronically: Not recorded in writing or electronically: Inconsistent with any sgstatewnet listed above: Yeas ty \ 15 Yes, explain brierly: Ty X3. (cont) Second Statement: Date / | Sra “= Viritten by witness: : Viritten by defense attorney or investigator: Signed by witness: Recorded electronically: Not recorded in writing or electronically: Inconsistent with any statement listed above: Yes s No If Yes, explain brifly: 14, Vitness testified at: ¢ (preliminary hearing) Probable cause hearinz/ Yes + No If Yes, was the testimony inconsistent with any other statement by the witness (comsider all prior and subsequent statements, . those given to the defense as well as those given ito the police or the prosecutors, and all siatements in testimony): Yes $ No If Yes, explain briefly: Grand Jury hearins: Yes + No : If Yes, was the testimony inconsistent with any other statement by the withess: Yes $ No If Yes, explain Drigly: Trial on gzullt or inmocence: Yes ; No If Yes, was the testimony inconsisitent with any other statement by the witness: Yes t No If Yes, explain briefly: Pre-trial hearing: Jes + No 1f Yes, NBature OF hearing: IT Yes, vas the testimony inconsistent wiin snyv.other i statemnet by the witness: Yes No If Yes, explain briefly: Penmlty trisit Yes ; No ; If Yes, was the testimony inconsistent with any other statement by the witness: Yes + No : IL Yes, expizin Driefly: \ —_— itness Testimony, the Killing and Related Events Witness had ipoor eyesight: Yes. : "Bo + Did the. witness describe the setnal killing: Yes i No If Yes, did-the witness describe the ¥illing as non-accidenteal Yes s «No Did the witness describe the manner of the killing: Yes + No 16. Witness identified Pernead: Yes _ ; No If Yes: Identified accused as killer: ‘Placed accusedat scene of crime at or near . the time of the killing (including flignt): Saw accused in the company of the deceased gt or near the time of the Killing: Witness hz2d only a brief view of the person he/she testified to: Witness identified accused from voice, galt, general appeararc or clothing only (not face): Witness gave definite : identification in all statements and testimony: Yes 1 No If No, 414 witness glve uncertain identifications in al) sietements 2nd testimony! yor " | in onlv some statements and testimony! LT only some, which {list Was the identification challen ged by the defense: Yes yn N 11. Yes, was it cnellenged as insfmissiblie: a ds Inaccurate! 17. Didiwitness participate inany pre-trial Adentif ication nrocedures: Yes s. NO TI Yes, how many: = sn For each ID, check the appropriate boxes: show |{line- |photo single in'g 15'S didn't up up line- | photo accused | another {ID any- up person |body 3'st 1D 2nd 1D 3'rd 1D : hy! the de Penge claim that any of these ID's were unconstitutionally suggestive: Yes : No : If Yes, which! 4 Did the prosecution concede that any of these ID's wer e unconstitutlonally suggestive: Yes s No a 2 \, 1 yos, which Did witness give thepolice or the prosecutors a description of the killer: Yes + No T Yes, was it consistent with ithe true description of the accused: Yes + No 19. If withess did not identity the accused, did witness: Identify some other person(s) as the only killer(s): Identify some other person(s) as participants in the killing: Not identify any person(s) as the ¥illeris): Identify any other person(s) as the only perpetrator(s) of any accompanying felony: Identify any other dn an in as participantk) in any accompanying felony: : Not identify any person(s) as participant(s) in any accompanying felony: 20, Did witness describe the accused as intoxicated: Ag irrational: Did witness describe the victim as intoxicated: As Srrationzl? 2]. Did the accused describe the aggressor in a. fight that lead up 10 the Xitling: Yes 1-0 If Yes, wag the aggressor: The Killer Siconfederate OF The Killer: The deceased: A confederate of the decezsed: Someone else (describe): 22. Did the witness lestify that the.deceassd uttered threzts gaingt the Xiller or ile killers confederates: Yes . No T Yes, did witness testify that the threats appeared be serious: s not serious: ; Did the witness deny that the deceased uttered threats: Yes + N 23. Did the witness testify that th from the scene but didn't: xiller could have retreated 2 ¢ No e Yo IV. Background Testimony 24, Wiiness testified to prior relationship beiveen accused and deceased: Yes sNo If Yes, describe relationship briefly: 25. Witness testified to prior encounters between accused and deceased: Yes : No If yes, describe prior encounters briefly: accused 26. Witness testified io a motive on the part of the i: Xess ¢ NO to kill or to be hostile to the deceased If yes, was the motive: Jealousy: Reveange: Finaneizl zaint Other (describe): 27+. Mitnesyg ‘testified 10 wceis taXen by accused in for killing and/or encounter with’ decemsed: Y IT Yes ,8cgcribe acts Drielly! No 28. Wiiness testified to a statemerimade by the accused concerning the killing: Yes 1 No IP Yes, G34 the zecused:s Acnitt Deriicipation iin the Pliling: Peny perticipstion in the ¥illing: Claim 29. Witness testified to reputation of the accused: Yes : No If Yes, 430 witness testify fo.repulsion Tor dishonesty’ for honesty: Did witness testify to repuizbon for violent conduct: for peaceableness: _o——,— 30. Witness testified to reputdion of the deceased: Yes; No 17 Yes, 4314 viitnens testify to reputation for honesty: \\ for dishonesty: Did witness testify to reputation for pezceableness: ~ for violent conduct: , V. Other Testimony bv Vitness 31. Describe any other testimony by witness: RY “ . Evidence of Prior Acts . by the Accused 32. Vas there evidence of prior similar criminal acts by the accusefs Yes If yes, complete chart below: Total i Chearzcteristics number resulting wh An common with mentioned |in recor- |disputed| ti current charges (if none, [ded con- on : {1is%t, briefly) nol) victions ( 73 "re ness no.'s) Prior robberies Prior sexual assuzlis Prior non- sexual ESSaults Prior homicides Other ‘ “ Statements by the Accused 33. Did the police and/or prosecutor ~s have evidence of any statements by the accused regarding the killing or surrounding events (give number of statemeris; AT none, JOY) 1 For each such statement, check the apprepriate boxes: | First Second Third Fourth - Stmnt. Stmnt. Stmnt Stont, fo ap——— Oral Vritten ‘oy accused Girizien. . Dv another Siegred Given to Pros. Witness(s) (write in no.(s)) Given To some Olner per- son (explain below) ’ +. Crime, a nn oY Ge- cezseds, (YY: {N) Describes ie by de- gopged, (VJ (N) Descripes Gootssgy as I having weapon, (Y YY); {(®) Describes pail btwn. accused and deceased YY) Inconsistent wlth any theorv of self defense Descrice: intoxication of accused (Y); (MN) | Descrioces intoxication ol | Gogensed {(X), (WM). . ralses some other ae- forse (explain below) Use Chzllenged by defense on constitutional grounds (explain below) Conceded by prosecution Physical and Scientific Evidence A « C: Was there any evidence of electronic surveillance of any sort in this case! "Yes 1 No If Yes, describe how this evidence was obtained and vhat 11 revealed: Was this evidence challenged by the defense as the product of an illezal search znd seizure: Yes $+ No Did the prosecution concede that this evidence was the product of an illegal search and seizure: Yes + Bo -L Did a court rulg on the lezzlity of the surveillance: No Yazs TL Tens, Didte of puting: o../ of / Vias the evidence excluded or zcnitied Describe any further legzl proceedings briefly: 35. Was there any evidence that the accused was in possession of goods acquired at the scene of The crime: Yes : No If Yes, describe ibis evidence Driefly: Was this evidence challenged by the defense as the produc: of on illegnl search:zxg seizure: Yes : No Did the prosecution concede that thls evidence was the oduct of an 1llegsl sonrch ang seizure: Yes s No ¢& = i fl 2 court rule on the legality of the seizure of this evidence: Yes + No 17 Yes: Dateror ruling: / of / Wes the evidence excluded or a8nitiel Describe any further legal proceedings on this issue briefly: ~~ 36. Vas there any evidence that ihe accused was injured at the scene of the crimes Yes s+ No IT Yes, describe this evidence briefly: 3 Describe any legal challenges to the use of this evidence: Linkina ACCuwsEd To COime 37. Here any fingerprints / taken “from fhe scene of ihe crime: Yes ; No - 12. Yes, how many. 8ifTerent Jocations were Fingerprints taken from: For each such locztion, complete the following check list: at | 2nd [Biya fo ape loca- |loca- [loca-| loca-floca- {loca- | tion tion Sion i tion dition tion Positive ID as 1 Z fingerprints of ‘the accused Qualified ID. a Negative ID jrEoputes by defense, | = tog (YY), No {30) On weapon recovered at scene In 2 public place IH 4 private place cont. Ala {2'nd 13rd Min i5ray 6i4nh loca- {loca- |loca- {loca-{loca-| loca- tion {tion jtion Hion [tion tion | In a place at scene where accused ves unlikely to De at any reasonable time be- | Tore the occurrence unless he was involved in it (check box, and describe place on lires below): In a place at scene to 'hich accused had reasonzble access at times other than the occurence: —— In a place associated wiznh the occurrence but not alone . establishing the accused's involvenentiin it: Other: NT Wi | Linking Attuded To ocime : 38. Were.any fooilprintsftaken from the scene of the crime: Yes : No For each such location, fill in the following check list: First Second | Third Location Location Location Positive 1D 2s SoDLprinis, of the z2ccused Qualified ID Negztive ID Disputed by Defense ind public pi Ina private place In a place at the scene where the accused was un- likely to be at any reesonadble time before the occurrence unless: ne was involved in it (check box znd describe place on lines below): Inzplece at the scene 10 hich the accused had rezsonablé access 21 times other than the occurrence: In 2a plzcesngsociated with the occurrence but not alone establishing the accused's involvement in id: as - . Was there any evidence of ballistics tests on a gun allegedly sed in the Killing: Yes + No “ (: more t an one gun, give number: } Yes: yon (If more than one gun, complete question for each separately) Was the gun identified as a weapon that was used the Xilling + Positive. 1D Negative 1D Qualified ID fires the identification disputed by the defense: Yes: No: Was the gun shovn to belong 10 the accused: You .$ Ho Qualified (as the ovnership of the gun disputed by the defense: Yes No Was the gun shown to have been in the possession of the accused at or about the time of the killing: Yes : Ye — Qualified Was possession of the gun by the accused at the time OT zine Rilling disputed by the defense: Yes No Was the gun seized from the zccused at the time of the arrest: Yes. No gualified + Was possession of the gun by the accused at the time of arrest disputed by the Gelense: Yes No 2 2 Was the gun seized from the residence of the accused during the investigation of the. crime: Yes No ” Qualified Was seizure of the gun from the residence of the accused dispued by the defense: Yes : No Was evidence regarding the gun challenged on the grounds that it wae the product of an'illezal search and seizure: Yes : : No Did the prosecution concede that evidence regarding the gun was the product of an illegal search and selzure: Yes No Did 2atecoprt Yule on the legality of any search that produced evidence regarding the gun: nes Jf Yogi. Donte ol'ruling: / / / Vias evidence excluded | or admitted \ Briefly describe any further legal proceedings ory this issuot >. on whether Was there scientific evidence / the accused had fired a gun at about the Time of the killing: Yes s No If Yost ‘Did ihe test indicate that accused: Fired a zin Pid not. five a gun Qualified Were the resulis of the test disputed -by the defense: Yes No Describe, briefly, the nature of the test used: \ 1. Was a wegpon other Than a gun linked to the accused: Yes + No if more than one weapon, give number s anda .complete If Yes: west 2 nite : question separatel; dagger for each) sword ax club rope or other insirument of strangulation’ other describe: j t = Was the weazron shown to be a weapon used the ki1lingiYes "No Qualified If Yes or Quelified, was this shown Dy eyewitnesses : by scientific tests If by scientific tesmdescribe the tests! Weg the ident? Pity rumnetallity in the ‘killing disput Wes the weapon shownto belong to. ihe accused: Yes No Qualified (ves its ovnership disputed by the defense: Yes No Was the weapon shown to have been in the possession of the accused at 20 about the time of the killing: Yes No jQualified Was possession of the weapon at about the time of the killing disputed by ithe defense: Yes No Was the weapon seized from the accused 2t the Time of arrest: Yes Nog. #8 : weapon by accused Qualitied Vas possession of the /at the time of arrest disputed by the defense: Yes : No re. Was the weapon seized from the residence of the accused during the investigation of the crime: Yes No Qualified Was seizure from ithe residence of the accused disputed by ithe defense: Jes \ No (Vas evidence regarding the weapon challenged on the ground that it was the product of an illegal search and seizure: Yes No Did the prosecution concede that the evidence was the product of an illegzl search and seizure: Yes No Did 2 court rules on the legality of any search that produced evidence regrading inis weapon: Yes No Jl Yes, Date ofuruling: / / Was evidence excluded or:zdmitled + ly describe any further legal proceedings on thig \ Brief issue . | v4 hBs "'N2.- Vas there race evidence linking the accused to the crime: Yes 3 Ho w vv oe TF Yeg, was it: Blood : Hair Fiber Dirt Other Describe: [ze this evidence: Sirongly link accused to crime Link accused to crime, but consistent with other reasonable possibilities Was this evidence challenged by the defense as the product of an 1llegzal search and seizure: Yes : : : No ; Did the prosecution concede that this evidence was the product of an illegzl search and seizure: Yes No Did 2 court rule on the legality of any search that produced this evidence: Yes No IT Yes, date of ruling: / i of was evidence excluded ~ or admitted Briefly describe any further legal proceedings on this issue: - L3. Was any other physiczl or scientific evidence used eZainst ihe accusedy Nes No If Yes, describe: