Guy Heinze, Jr - The Unanswered Questions.

Guy Heinze Jr

Just as in the case of Robert Pruett I first became aware of the Guy Heinze Jr case after watching the BBC documentary Life and Death Row (see link below to watch the Heinze episode). The thing that intrigued me most about this case was the fact that one man was allegedly responsible for the brutal beatings of nine people, eight of whom died from their injuries. I have covered this story in more detail in a past blog post. After reading some of the comments left on the post I decided to put together some of the major points, brought up by a specialist consultant for the defence during trial, that would appear to indicate Guy Heinze Jr is not guilty of this crime. Is this man, handed a life without parole sentence in 2013, really guilty of killing his own father and seven members of his extended family?. I will leave you to make note of the points made and ask you draw your own conclusions. I look forward to reading your thoughts in this post's comments section. 

Michael Knox was a sociology and forensic evidence consultant for the Heinze Jr defence team, as well as offer his expert opinion on the crime scene, the crime itself and procedures he also completed partial blood pattern analysis from crime scene photographs. Below are the major points, in my opinion, made during his testimony and cross examination by the prosecution. 

1. Knox questioned why a pair of handmade nun chucks (two pieces of steel piping approx five inches long held together by an S clip) were not collected by law enforcement during the evidence sweep of the house. Law enforcement said the nun chucks, found in some tires next to the family's trailer, were placed there AFTER the crime. Knox found this to be unlikely and went on to say that several injuries on the victims, logged as cockroach bites by the Medical Examiner, could of been caused by these nun chucks. Knox also stated that ALL of the victims had injuries that indicated being beaten by a long, thin weapon (the rifle in evidence) but that there were also injuries consistent with a smaller, blunter and heavier object.

2. The crime scene was a gory blood soaked mess. Knox said there was absolutely no way the perpetrator walked away from the scene without being significantly covered in blood. He also went on to state that it would of taken the killer more than a quick clean up or shower to rid themselves of the blood transfer. Knox said the killer would of had to take a significant length of time scrubbing themselves clean, using a brush. He went on to say that the blood spatter would of gotten into every crevice of the killer's skin. Yet Guy Heinze Jr had a small amount of blood on his hands, his flip flops and a bloody smudge on his shorts/underwear. 

3. Knox questioned why Guy Heinze Jr's car was not tested for blood. He said even IF he had driven away from the scene (tracks in the dirt indicated a vehicle had arrived and left) cleaned up and returned there would of been blood transfer in the vehicle. No matter how much cleaning was done, Luminol would of shown something. Yet this technique was never used by law enforcement. Despite the fact a mobile phone, allegedly covered in one of the victim's blood, was retrieved from the trunk. 

4. Knox acknowledged blood had been found on the bottom of Guy Heinze Jr's flip flops. This transfer will of occurred when he entered the trailer and found the scene said Knox. This is supported, he continued, by the fact that only two of the victim's blood was present on the soles. 

5. Knox pointed out a pile of clothing covered in spots of blood in one of the bathrooms. None of the victims were found in this room and yet the clothes were not taken to be tested. While Knox acknowledged the spots could of dripped from the end of a rifle, he also added the blood could of just as easily been that of the assailant and the clothes should of been taken into evidence. 

6. Knox testified that there was evidence to show Chrissy Toler, her boyfriend Joseph West, 30 and her younger sister, Michelle Toler, 15 had changed positions and moved around the room in which they were killed. He even indicated further evidence to suggest that Chrissy Toler had tried to escape the horror through a window. How on earth did Guy Heinze Jr subdue and murder three mobile individuals and a small child (Chrissy's son, Byron 3 was also in the room and badly beaten but survived his injuries) without getting any blood on him? receiving no injuries? and without any of the victims raising the alarm? Who stopped Chrissy Toler from exiting that window, while also beating or at least holding back her boyfriend?

7. Knox testified on the pictures of the room where Russel Toler, Sr was beaten to death. He went on to say that Toler, Sr had put up a huge fight for his life and that there was clear evidence he had been struck while standing/lying in four separate locations of the room. He also testified that the evidence in the picture indicated at one point that Russel Toler, Sr had been struck from both sides of the bed at the same time. This could clearly not be done by one person alone and would indicate there was at least one other assailant.

8. There was blood spatter evidence to indicate that Brenda Toler had a pillow placed over her face while she was being beaten. Evidence also indicated she had furiously fought back and waved her left arm. The arm had a smudged print that indicated it had been held back to prevent her hitting her attacker. So how did one attacker manage to use one hand to hold the pillow over her face, another to hold her arm back and then seemingly a third hand to carry out the brutal beating?

9. Guy Heinze's father, Guy Heinze, Sr, was the only person who was killed in his sleep. Asleep on the floor, cast off spatter indicated he had put up no resistance when being killed. However, all seven of the other victims put up a fierce battle for their lives, leading Knox to testify that the person(s) responsible would not have walked away from the trailer without their own injuries - visible injuries at that. 

10. Knox testified that the blood found on Guy Heinze Jr's shorts was nowhere near enough to indicate he was responsible for the bloody beatings of nine people. He went on to say the blood that was found was smudged, indicating it had to have been transferred from somewhere else, and not cast off spatter. Guy Heinze's shirt, Knox testified, was also clear of blood something that would of been impossible to achieve in the wake of the violent struggle eight people put up in defence of their lives. Knox stated the crime scene was a 'blood bath' and that Guy Heinze had nowhere near the amount of blood on him he would expect to be found on the assailant. Instead, the blood found on Guy Heinze Jr's clothes was more indicative of being as a result of transfer when he entered the trailer and found the bloody scene. 

The Family's Cordoned Off Trailer Home.

Michael Knox was extremely critical of the way law enforcement handled the crime scene and the evidence that was taken. He implied that evidence had been stored together and that the crime scene itself had not been properly sealed off until several officers had been through the home. He also commented on the testimony of one of the witnesses who revealed the family's dog, known for barking at strangers, was tied up on the porch and had not barked to raise the alarm. However, the same witness revealed she had woken up briefly at around 2am on the morning of the murders because of 'dogs barking'. Michael Knox also questioned Guy Heinze Jr's alleged motive - that he had carried out the murders for a bottle of prescription medicine. Knox testified he found it hard to believe that a person would wipe out his entire family in such a brutal manner for the sake of a 'bottle of weak pain pills'. 

Whatever your individual opinion is on the Guy Heinze Jr case, it seems clear to me there are just too many unanswered questions surrounding the murders. How his trial did not end in acquittal is beyond me and I have to admit, the more I read about the case the more I believe Guy Heinze Jr may well be an innocent man. In fact, I believe that law enforcement took the fact he was a drug addict with a unaccountable alibi and developed tunnel vision. They didn't even consider, never mind look for, other suspects because Guy Heinze Jr was their man from the get go. Michael Knox ended his testimony by adding there was no documented case of one individual killing six people, never mind eight. 

Below is the episode of the BBC documentary Life and Death Row entitled Judgement, which covers the Guy Heinze Jr case through trial and the verdict. 

Robert Pruett - Stay Given UPDATED

Robert Pruett

 Robert Pruett,  was prepared to die yesterday before finding out he had received a stay just three hours before his execution. Confirmed by the Texas Innocence Network, a judge issued a stay of execution for Pruett to allow more time for DNA testing.

Robert Pruett recieved the stay, his third in as many years, to allow for further DNA tests to be conducted on the weapon he is supposed to have used to kill corrections officer Daniel Nagle 16-years ago. His defence team are hoping modern developments in DNA testing will reveal if the DNA of the actual killer is present. The shank (a crude name for a handmade prison weapon) was tested at the time of the murder, but only the DNA of the victim was found. Pruett's team are hopeful today's technology will enable any other DNA present on either end of the weapon to be found. The team seem convinced that the taped end of the weapon will have stored even a small amount of skin cells from the true murderer - a test that was not available 16-years ago. This would exonerate Robert Pruett of the crime he has always steadfastly denied committing. 

News of the stay was reported so quickly via Twitter (and my little Blog) that even the Texas Criminal Justice Service were unaware of the development. There is currently no news on a potential time limit for the DNA testing. 

Upcoming Execution: Robert Lynn Pruett. STAYED

Robert Lynn Pruett

ROBERT PRUETT HAS RECEIVED A STAY OF EXECUTION. MORE TO FOLLOW...

Tomorrow, Tuesday April 28th at 6.00pm CDT in Huntsville, the State of Texas will execute Robert Lynn Pruett. As of publication, all of Pruett's appeals have been unsuccessful. Robert Pruett's execution will go ahead unless the governor decides to grant clemancy, which is highly unlikely. It is a case of third time unlucky for Pruett, who has already had two executions dates (2013 and 2014) stayed.  

While I always try to cover upcoming executions, Robert Pruett's is a little more personal for me. Not only have I followed his case, like many, since watching the first airing of BBC documentary Life and Death Row but I started this blog because of his case. In the 12 months or so since I started following Robert Pruett's case, my opinion on his innocence has changed greatly. While I once believed he was completely innocent of killing Corrections Officer Daniel Nagle, I am no longer completely convinced. I guess that makes me something of a fence sitter. All I know is the BBC made the documentary to appeal to the average viewer, they only touched upon a tiny amount of information regarding the Pruett case. 

No physical contact is allowed for Death Row prisoners.

My opinion on the death penalty is also slowly changing. While I once was a huge supporter, I now find myself questioning just how effective it is. Tomorrow, IF Robert Pruett is executed there will be another family and group of loved ones mourning the loss of someone special because of murder. Will Daniel Nagle's family feel relief? retribution? at peace? My guess is they will feel exactly the same, after all executing Robert Pruett does not bring their son/father/husband/sibling/friend back. Daniel Nagle's sister even supported Pruett's application for clemancy, saying that while she could never forgive Pruett for her brother's death she didn't see how someone else dying would make things better. It is life's simplest rule - two wrongs don't make a right. 

The video below is an episode from the Life and Death Row series screened by BBC 3 in May 2014. This the one Robert Pruett appeared in and I have included it so those who haven't seen the programme can see it for themselves. This episode is titled 'Crisis Stage' and follows two inmates whose execution dates are imminent. 

Watch the BBC3 Documentary featuring Robert Pruett here.

Huntsville, Texas

                                     

Robert Pruett - An Uneasy Execution Approaches

Robert Lynn Pruett

The story of Robert Pruett, a man sitting on death row in Texas, was my motivation for starting this Blog. After watching Robert's story on the BBC documentary Life and Death Row, I was convinced of his innocence. However, after listening to the many comments that have been left on my posts about Pruett, from supporters, close friends and others who are convinced of his guilt, I have to admit I am no longer 100% sure Robert is innocent. I do find it an absolute travesty that a 15 year old boy can be sentenced to 99 years (Pruett's original sentencing for the crime that sent him to prison). 

We don't have the death penalty in the UK, although many of the awful crimes I read about make me wonder why not on an almost daily basis. However, had the 15 year old Robert committed the same crime over here, he would, at the very worse of got a couple of years in a young offender's institute. However, because Robert Pruett did not actually murder the man, he incited his father to do the deed, there is a very good chance he would of received a slap on the wrists and given some kind of supervision order (to be honest, even that is unlikely). My point is, how can two justice systems be SO different. 

Despite not having the death penalty here, I have always admired the US for their use of it to deal with the worse of the worse. But if there is one thing the Robert Pruett case has taught me, is this is not always the case. Thanks to the felony murder law, there are plenty of young men in prison who didn't actually commit the unlawful act (the Pruett and Holle case being two that spring to mind). Maybe Pruett, had he not received prison time for his involvement in the initial murder, would of done something else to get him inside. Maybe he was destined to murder that Prison Guard (if indeed he did) but it certainly is a lot of what ifs. 

And this is why the impending execution of Robert Pruett does not sit well with me. It isn't because I believe him to be innocent, I am really not sure that he is. It is because I do not believe anyone should be executed unless his/her guilt is absolutely believed, beyond a reasonable doubt. Pruett has already had two stays in the past, a third is highly unlikely and yet this is not because there isn't any unanswered questions about the case. It is simply because the 'routine' a prisoner goes through in order to get to the point of execution is almost complete, regardless of whether there is potential doubt or questions. 

I don't normally recommend websites but I do recommend everyone -whether you believe in Robert Pruett or not - spends 30 minutes on his website reading some of the things he has written. Prison has obviously had a huge impact on him and he really is an insightful person, with a passion for living even if it is in dire surroundings with little to look forward too. I really don't know whether Robert Pruett is innocent of killing that Prison Guard, I know I was once convinced he was but I have my doubts now. This does not change my opinion that their is far too many questions to be 100% certain he deserves to executed on April 28th. 

Check out Robert's Site

Whether Innocent or Guilty, There is not Enough Evidence to Support Execution.

Guy Heinze Jr - Did he Really Kill his Entire Family?

Guy Heinze Jr

I first became aware of the Guy Heinze Jr case when I watched Life and Death Row, the documentary made by BBC UK. Incidentally, it was this programme - albeit a different episode - that first brought my attention to the Robert Pruett case. The thing that struck me about the Heinze Jr case, apart from the incredible violence of the case, was the fact a single man had been convicted of the murders of eight people. These people were various members of his family, including his own father, and had all been in the family trailer at the time of the killings. Is it really possible for a lone man to overpower and murder eight people, without anyone hearing or seeing anything?  

On August 29th 2009, a frantic 911 call was made to dispatchers in Glynn County, Georgia. Margaret Orlinski, a neighbor of Heinze and his family, informed them that her neighbour was 'freaking out' and shouting his family were all dead. After being brought to the phone, an hysterical Heinze Jr confirmed that ' my entire family are dead' before dropping the phone and going back to the trailer. Orlinski added that ten people lived in the trailer and Guy Heinze Jr had apparently returned from a night out to the gruesome scene. When officers arrived at the family's trailer they found the dead bodies of six people; Guy Heinze Sr, Rusty Toler Sr, Brenda Falagan, Chrissy Toler, Russell D Toler, Michelle Toler and her boyfriend, Joseph L West. Two survivors, one with life threatening injuries, a young adult with downs syndrome identified as Michael Toler and the small son of Chrissy Toler Byron Jimmerson were removed from the trailer and rushed to hospital. Sadly, 19-year old Michael Toler died from his injuries the day after the murders. Byron would go on to make a full recovery and is now being raised by family.  

The crime scene was described by many of the police officers in attendance as the worse they had ever seen. Although Guy Heinze Jr appeared to be devastated by the loss of his family, he was a person of interest from the beginning. A press conference two days after the murders confirmed Heinze Jr was not an official suspect but nor had they ruled out his involvement. Law enforcement did confirm they believed only one person was responsible for the murders. Guy Heinze Jr was arrested on suspicion of murder and other charges on September 4th 2009. 

The trial of Guy Heinze Jr began in October 2012, despite prosecutors stating they would be seeking the death penalty Heinze Jr pleaded 'not guilty' to all eight counts of murder. Prosecutors believe that Heinze Jr returned to the family trailer early on the morning of the murders high after a night of smoking crack cocaine. Knowing his uncle, Russell Toler Sr, had a strong painkiller prescription he set about looking for the tablets. When he was confronted by Toler Sr prosecutors said Heinze Jr completely 'lost it' resulting in Toler and the other seven residents of the trailer being savagely bludgeoned. Autopsy results shared during the trial revealed the victims received over 220 injuries between them and each died of brain and head injuries. Although the murder weapon was never actually found, investigators believe the victims were beaten with the butt of a shotgun. Guy Heinze Jr's defence team implored the jury to consider the chances of a single man being able to contain and beat eight people in a small trailer with not one of the victims escaping. The defence also believed the police had concentrated on Heinze Jr being the perpetrator from the very beginning and this gave them tunnel vision with regard to any other possible suspects. 

While much of the Heinze Jr case was circumstantial, this did not stop the jury from finding him guilty of eight counts of malice murder. Thanks to a juror being removed during deliberations and replaced, the defence team made a deal that removed the death penalty from the table. Guy Heinze Jr was sentenced to life without parole. 

Is it possible for a single man to beat eight people to death in a small trailer without anyone raising the alarm or, from the evidence found, even fighting back? Both Heinze Jr's neighbour and the police who arrived on the scene noted he was not covered in blood or injured in any way. Beating eight people to death with the butt of a shotgun is going to leave the killer drenched in blood, surely? It is also important to note that there were relatively fit males among the victims, certainly capable of at least injuring an attacker if not warding them off together. Yet apparently, on that night in 2009, Guy Heinze Jr brutally beat eight members of his family to death, without any of them even waking up, screaming or calling for help. He then walked away from the crime scene with minimal blood on his hands, which Heinze Jr explained was from when he found the bodies. Do you think the right person is in prison? or is Guy Heinze Jr innocent of the crimes for which he was convicted?

                                          The Guy Heinze Jr 911 Call

Happy New Year! Guest Bloggers Wanted!

                                                               

The death penalty debate still rages on...

First of all, Happy New Year to all who stop by and read my blog - I hope 2015 is a happy, healthy year for each one of you. Although I started this blog back in April 2014, I haven't had as much time to dedicate to it as I would of liked. This has especially frustrated me, because it has proved to be a popular....small....but popular blog. It is therefore my new year's resolution to spend more time on my blog. I have been lucky enough to have several people leave comments on my posts, all had differing opinions and all had a good point to make. This is why I have decided to appeal for guest bloggers. Basically, it would involve you writing a piece on ANY subject (within the criminal justice genre) that you like. It can be written as you want it, no matter what your opinion and your piece will be posted to the blog as is - it will only be checked by me for spelling errors. 

The Robert Pruett case has fascinated me from the minute I watched the Life and Death Row documentary over here in the UK. I was convinced from that, Pruett was innocent - of the murder of the corrections officer, Daniel Nagle - and that was that. Yet, when I wrote a post on this case, it received many comments, some from people who know Robert Pruett, others who are all to familiar with the TDCJ system and people who just knew more than I did about the case. I must admit I now sit on the fence with this case, something I never like to do but I believe these people and the Pruett case have helped me become more open minded. Something I would like to do for others. 

If you would like to write a guest blog piece, you can contact me directly at lollipopwrites@gmail.com . 

Write a post on a criminal subject of your choice...

Robert Lynn Pruett - Execution Date Set for a Third Time.

Robert Lynn Pruett

According to the Texas Department of Criminal Justice, Robert Lynn Pruett has received a third execution date for the 28th of April, 2015. Pruett, currently residing on death row for the murder of Corrections Officer Daniel Nagle in 2002. Pruett has already received two stays of execution, one in 2013 and another in 2014. The previous stays were granted to allow for DNA testing on paper (a prison report) that was found torn up on Officer Nagle's body. The results were inconclusive and now, once again, Pruett is facing execution. 

While many people believe Robert Pruett is in the right place, paying the right place for a terrible crime - he is not without his supporters. In fact, many believe the conviction to be unsafe, especially when Pruett stands to pay the ultimate price. While this is not good news for those who support Pruett, it remains to be seen whether he will receive a stay for the third time. 

Guards escort Pruett to court

Robert Pruett - Did He Do It?

Robert Lynn Pruett
(Photo courtesy of The Express)

I first became aware of the Robert Pruett case around the same time most people in the UK did, when the documentary Life and Death Row was aired on BBC 3. A compelling documentary, the second programme centred on what is known as "Crisis Cases". These cases are when a death row inmate is looking at an imminent execution date and is looking for any and every kind of help he/she can get that may get them a stay of execution. Robert's case was featured alongside that of gang member Robert Garza. Pruett would eventually get a last minute stay of execution, while Garza went on to be executed.

Robert Lynn Pruett is 35 years old and he has been in prison since he was 15. Which means he has spent more of his life locked up than he did on the out. Pruett's original sentence was 99 years without parole. This was for the role he played in the murder of a neighbour. Although Pruett was not the person who stabbed the man to death, his father was, Robert was convicted under the "law of parties" act. This means if an individual is behind the events that eventually lead to the murder, they are held as culpable as the person who does the deed.

Four years into his sentence at a Texas prison, prison corrections officer Daniel Nagle was stabbed to death with a handmade shank (the name for an often crude weapon made by an inmate from everyday items). While there was no DNA or finger print evidence, a report written by the officer was torn up and strewn all over the crime scene. That report was actually a write up for a violation allegedly committed by Pruett earlier in the day. This write up is what is believed to have made Pruett angry enough to kill. Pruett denies murdering Officer Nagle and has always insisted he had never touched the report. Pruett's 21/05/2013 execution was stayed to allow for the evidence to undergo DNA testing. The results were inconclusive.

In Febuary 2014 Pruett was given a new execution date, 21/05/2014 - twelve months to the day of his first one. However, in April this execution date was also stayed to await further testing of evidence.

While there is no doubting Pruett's guilt for the original crime, many believe he is innocent in the murder of Officer Nagle. According to Pruett supporters he is the victim of "bent" correctional officers who wanted rid of Daniel Nagle because he was "by the book". While these allegations have never been proven, two correctional officers left their positions one month after the murder. Pruett's defence also points out that witness statements provided by other inmates are unreliable as many were offered privileges or even early release in return for their statements.

So, what do you think? Could Texas be wanting to execute the wrong man or is he truly deserving of the death penalty?

UPDATE - 

Robert Lynn Pruett is set to be executed April 28th, 2015. When this update went to publication, his appeals for a stay of execution had so far been unsuccessful. You can read more about Robert here.

The Allan B. Polunsky Unit
Home of Texas' Death Row
(Photo courtesy of Wikipedia)