Kenneth Biros

Case record: Kenneth Biros

Parties and identifiers

Kenneth Biros was a male convicted in Trumbull County. He was incarcerated as Inmate: Kenneth Biros (Inmate#: OSP #A249-514). His date of birth was June 24, 1958. The institution was Southern Ohio Correctional Facility.

Offence and victims

The victim was Tami Engstrom, age 22. The case involved allegations that Biros beat, raped, stabbed, strangled, dismembered, eviscerated, and mutilated her, with her body parts recovered in Pennsylvania. Biros was convicted for aggravated murder and for felonious sexual penetration, aggravated robbery, and attempted rape.

Timeline

• February 7, 1991 — Tami Engstrom dropped off her one-year-old son, Casey, at her friend’s house before reporting to work at the Clover Bar in Hubbard, Ohio; she later left work early due to illness and drove to the Nickelodeon Lounge in Masury, Ohio to visit her uncle.
• February 8, 1991 — As the bar was closing, Biros and Tami left the Nickelodeon in Biros’s car for coffee; Tami later became missing; on Friday, February 8, Biros told multiple witnesses and Tami’s relatives that Tami “freaked out,” got out of the car, and ran through yards on Davis Street in Sharon, Pennsylvania; Biros was questioned by police on Saturday after a message was left at his home.
• February 9, 1991 — Tami’s family and friends continued searching; police left a message requesting Biros come for questioning; Biros drove to the police station and discussed the disappearance.
• Sunday, February 10, 1991 — Pennsylvania and Ohio authorities discovered several of Tami’s severed body parts in a wooded area of Butler County, Pennsylvania, with additional portions found in a wooded area of Venango County, Pennsylvania.
• October 29, 1991 — The trial court sentenced Kenneth Biros to death.
• December 8, 2009 — Kenneth Biros was executed by lethal injection in Ohio.

Background

Tami Engstrom met Kenneth Biros at the Nickelodeon Lounge in Masbury, Ohio. She had gone there to socialize with her uncle and became so intoxicated she passed out in her chair. As the bar was closing, her uncle took her keys from her and Biros volunteered to take Tami for coffee to help sober her up.

Biros and Tami left the Nickelodeon in Biros’s car and her uncle remained at the bar after closing and waited for Biros to return with Tami. However, neither Biros nor Tami returned.

When Tami did not come home that night, police were called.

Investigation and evidence

Biros’s statements to police

Biros told police and Tami’s family that Tami had “freaked out” in his car, that she jumped out, and that he could not catch her. He later told police that he touched her leg and she fell out and hit her head on railroad tracks.

Biros asked to speak with an attorney when police asked for the precise location of Tami’s body. After consulting with counsel, Biros showed police the location of Tami’s body.

Police search areas

Investigators searched the area of the railroad tracks near King Graves Road in Brookfield Township where Biros indicated the incident occurred. Investigators discovered:

• a large area of bloodstained gravel near the railroad tracks
• blood spatters on the side of one of the steel tracks
• other bloodstains in the same general area
• what appeared to be part of Tami’s intestines in a swampy area near the railroad tracks

Bloodstains and swabbings collected at the scene were tested and were found to be consistent with Tami’s blood. DNA testing revealed the intestines were part of Tami’s remains.

Approximately one month later, police recovered Tami’s black leather coat partially buried a short distance from the tracks. Two cuts or slash marks were found on or near the collar of the coat. Tami’s house keys and a tube of lipstick were found in a shallow hole near the coat. Police also found one of Tami’s black leather shoes near the tracks. A forensic scientist found a single pubic hair inside Tami’s shoe; the microscopic characteristics of that hair were consistent with known samples of Tami’s pubic hair.

Evidence recovered at Biros’s residence

Investigators recovered several items from Biros’s residence, including:

• a bloodstained pocket knife hidden in Biros’s basement
• a much larger knife recovered from Biros’s bathroom
• a bloodstained coat from Biros’s bedroom identified as the coat Biros had worn to the Nickelodeon
• numerous bloodstains on the front of the coat and blood spatters inside the left sleeve
• a pair of size eleven tennis shoes removed from a bedroom

Forensic experts found bloodstains on the pocket knife and coat that were consistent with Tami’s blood. A forensic scientist in the trace evidence section found a single hair embedded in a seam near the tread of one shoe and testified the hair was microscopically consistent with known samples of the victim’s head hair.

Evidence from Biros’s vehicle

The automobile Biros had driven was searched. Forensic technicians found numerous bloodstains consistent with Tami’s blood and other bloodstains consistent with Biros’s blood. A small piece of human tissue, believed to be Tami’s liver tissue, was found inside the trunk.

Autopsy and medical findings

Dr. William A. Cox, the Summit County Coroner, performed the autopsy of Tami’s body. Cox testified that he was board certified in anatomic pathology, clinical pathology, forensic pathology, and neuropathology.

Cox determined that Tami had suffered ninety-one premortem injuries indicative of a “severe beating” and “an attempt at sexual mutilation.” Cox also found five stab wounds inflicted immediately after death. Cox testified that among the premortem wounds were at least five blunt force injuries on the top of the victim’s head caused by an object such as fists or the handle of a knife. Premortem knife wounds were discovered near the nipple of the right breast. Cox found fine linear scratches and a premortem knife laceration or incised wound along the victim’s face and testified: “[t]he way that is done is the blade of the knife runs down across the mouth, and finally gets into the skin, into the soft tissues, then breaks the skin as it continues in the downward direction.”

Cox testified that Cox found numerous wounds on the victim’s hands that appeared to be “defensive” injuries. Cox testified that in addition to the ninety-one premortem wounds and the five postmortem stab wounds, Tami’s head, right breast, and right lower extremity had been severed from her body at some point after death. Cox testified that the anus, rectum, urinary bladder, and virtually all of her sexual organs had been cut out and were never found. Cox also testified that the gallbladder, the right lobe of the liver, and portions of the bowels had been extracted from her body.

Cox found that a pocket knife like the one removed from Biros’s basement could have been used to inflict some wounds but that a much larger or heavier knife had been used to amputate Tami’s head and right lower extremity. Cox testified that the victim’s right femur was severed by a sharp knife leaving a “fine linear cut” in the bone, and that Cox specifically determined the evidence indicated the femur had not been fractured by blunt force trauma or as the result of an automobile accident. Cox testified that the knife recovered from Biros’s bathroom was consistent with the type used to accomplish the amputations.

Cox testified that the dismemberment and eviscerations all occurred within minutes after the killer inflicted the five postmortem stab wounds, and Cox found no evidence the victim had been struck by an automobile.

Cox concluded that Tami died of asphyxia due to strangulation. Cox testified that the victim had been strangled over four to five minutes. Cox testified that the mucosal lining of the esophagus was torn, indicating a degree of retching and vomiting during this period. Cox testified that the victim had not been asphyxiated by a hand placed over the nose and mouth. Cox testified that the oral cavity revealed no signs of injury to the tongue or delicate tissue inside the mouth, and that the hyoid bone had been fractured with injury to adjacent tissue supporting the finding that the victim had been strangled.

Dr. Theodore W. Soboslay, the Trumbull County Coroner, was present during Tami’s autopsy. Soboslay concurred with Cox’s findings and officially ruled that the decedent had expired “due to asphyxiation, secondary to strangulation.”

Offences and charges

Biros was indicted by the Trumbull County Grand Jury for the aggravated (felony) murder of Tami. Count One charged purposeful killing of Tami during the commission of an aggravated robbery and attempted rape in violation of R.C. 2903.01(B). Count One carried two R.C. 2929.04(A)(7) death penalty specifications:

• a specification alleging Biros purposefully killed Tami while committing or fleeing immediately after committing an aggravated robbery
• a specification alleging Biros purposefully killed Tami while attempting to commit or fleeing immediately after attempting to commit rape

Count Two charged felonious sexual penetration in violation of former R.C. 2907.12(A)(2). Count Three charged abuse of a corpse in violation of R.C. 2927.01(B). Prior to trial, the state dismissed Count Three.

Counts Four and Five charged aggravated robbery and attempted rape, respectively.

Arrest and interrogation

On Saturday afternoon, police called Biros’s home and left a message requesting that he come to the police station for questioning. After receiving the message, Biros drove to the police station to discuss Tami’s disappearance with Brookfield Township and Sharon, Pennsylvania police officers. Police informed him he was not under arrest and was free to leave at any time.

During the questioning:

• Biros repeated the basic story he had previously told witnesses and relatives.
• Captain John Klaric of the Sharon Police Department questioned Biros’s version, suggesting possible sexual advances and an accident in which Tami fell from the car and struck her head.
• Biros denied making sexual advances.
• Klaric suggested perhaps an accident occurred; Biros responded “yes,” and admitted that he had done something “very bad.”
• Klaric offered to speak with Biros alone; Biros agreed and wanted to speak outside the presence of other officers.

After the other officers had left the room, Klaric testified that Biros stated:

“It's like you said, we were in the car together. We were out along the railroad tracks. I touched her on the hand. Then I went further. I either touched or felt her leg. She pushed my hand away. The car wasn't quite stopped. She opened the door and fell and struck her head on the tracks.”

Biros told Klaric that Tami was dead and that the incident occurred along railroad tracks near King Graves Road in Brookfield Township. Police informed Biros of his Miranda rights, and after signing a written waiver, Biros repeated his story in the presence of Detective Rocky Fonce of the Brookfield Township Police Department. Fonce testified Biros admitted reaching out and grabbing Tami while parked along the railroad tracks near his house on King Graves Road. Fonce testified Biros stated Tami then jumped out, fell, struck her head on the metal part of the railroad track, and died.

Biros told police that Tami’s body was in Pennsylvania. When asked for the precise location, Biros requested to speak with an attorney. After consulting with counsel, he agreed to show police the location of Tami’s body.

Trial

Defence evidence

Biros testified in his own defense. He claimed that after the Nickelodeon Lounge closed, Tami’s uncle asked him to take Tami for coffee or breakfast to help sober her up. Biros testified that he drove into nearby Sharon, Pennsylvania to withdraw cash from an automated teller machine, that he reached over and shook Tami, and that Tami awoke and wanted to go home. Biros testified that he decided to take Tami to his home to let her “sleep it off” and that he drove along a gravel railroad bed. Biros testified he reached to grab her hand, and that she suddenly awoke, began yelling, and hit him. Biros testified he forcibly struck her with his forearm. He testified Tami fled from the vehicle and began running along the railroad tracks. He testified he tried to head her off and inadvertently struck her with the vehicle, causing her to topple over with her head positioned toward the gravel railroad bed. He testified that he rolled Tami onto her back and that she was bleeding with her head positioned against the steel rail.

Biros testified that he pulled out a pocket knife to “calm” Tami down, but that she grabbed it and a struggle ensued. Biros testified he pinned Tami down and placed his hand over her mouth until she stopped struggling, and that when he removed his hand he realized she had died. He testified he panicked, drove home, tended to his wounds, washed his clothes, and then returned to the body 15 to 20 minutes later, became very angry, and cut apart Tami’s body. Biros testified he removed Tami’s clothes because they were “in the way,” dragged the body into woods, removed her ring when he felt it cutting into his left hand, attempted to bury her body but the body would not fit into the hole, amputated her head and leg with his pocket knife, and placed those body parts in a separate hole. He testified he placed her clothes in other holes and then returned home. Biros testified he found Tami’s purse in his car and burned the purse in the fireplace, then washed his car. He testified that late on Friday night he retrieved body parts and disposed of them in Pennsylvania.

Biros denied that he struck Tami with his fists or with the blunt end of a knife. He denied admitting to murder in police interviews. He denied sexual intentions toward Tami but admitted cutting out her vagina and rectum 30 to 45 minutes after he killed her. He also testified he had no intention to steal Tami’s property but admitted taking her ring and burying her clothes and burning her purse. He admitted lying to his mother about Tami’s ring and hiding that ring in the ceiling of his house.

Dr. Karle Williams, a forensic pathologist, testified for the defense. Williams was not present during Tami’s autopsy and did not personally examine the body. Williams based his opinions on a review of Dr. Cox’s autopsy report and photographs. Williams disagreed in part with Cox’s conclusion that Tami suffered a severe beating and believed some injuries may have been caused by being struck by a car and falling or lying on the gravel railroad bed. Williams concluded Tami may have died due to suffocation rather than manual strangulation. Williams admitted on cross-examination that in the case “you have to think of manual strangulation. Absolutely.”

Verdict and penalty phase

The jury found Biros guilty of all charges and specifications alleged in the indictment, except the offence charged in Count Three which had been dismissed by the prosecution. Following a mitigation hearing, the jury recommended that Biros be sentenced to death for the aggravated murder of Tami. The trial court accepted the jury’s recommendation and sentenced Biros to death. For the remaining offences, Biros was sentenced in accordance with law.

Appeals and habeas corpus

Ohio direct appeal and Ohio Supreme Court

Biros’s convictions and death sentence were affirmed on direct appeal. The Court of Appeals affirmed in part and reversed in part. On the issues raised, the Ohio Supreme Court affirmed in part and reversed in part, ultimately upholding the sentence of death. The Ohio Supreme Court addressed issues including:

• the sufficiency of the indictment and death penalty specifications
• Miranda issues relating to incriminating statements
• voir dire statements under R.C. 2929.03(B)
• peremptory challenges to exclude prospective jurors opposed to death penalty
• admissibility of gruesome photographs and slides
• sufficiency of evidence for attempted rape
• sufficiency of evidence for aggravated robbery and the corresponding death penalty specification premised on aggravated robbery
• evidentiary issues about expert testimony on blood-spatter evidence
• alleged prosecutorial misconduct
• sentencing instructions referring to jury’s decision as a recommendation
• ineffective assistance of trial counsel
• constitutional challenges to Ohio’s death penalty scheme

The Ohio Supreme Court’s overall disposition was: “Judgment affirmed in part and reversed in part.”

Federal habeas corpus

Biros later filed a petition for writ of habeas corpus. The United States District Court for the Northern District of Ohio partially granted the petition with respect to the death sentence. The United States Court of Appeals for the Sixth Circuit reversed the grant of the writ as to Biros’s sentence and denied the petition for a writ of habeas corpus. It held, among other things:

• the “defective indictment” claim was procedurally defaulted but also addressed harmlessness
• Miranda issues did not require suppression because Biros was not “in custody” for Miranda purposes when he made incriminating statements
• the prosecution’s use of peremptory challenges did not deprive Biros of a fair trial
• admission of gruesome photographs did not deny him a fair trial
• evidence was sufficient to support his conviction for aggravated robbery

The Sixth Circuit’s disposition was: “The petition for a writ of habeas corpus is denied.”

Final meal and final statement

Biros requested a last meal of:

• cheese pizza, onion rings and fried mushrooms
• chips with French onion dip
• cherry pie
• blueberry ice cream and a Dr. Pepper soft drink

Biros’s final words were:

“I'm sorry from the bottom of my heart. I want to thank all of my family and friends for my prayers and who supported and believed in me. My father, now I'm being paroled to heaven. I will now spend all of my holidays with my lord and savior, Jesus Christ. Peace be with you all. Amen.”

Execution details

Kenneth Biros was executed by lethal injection in Ohio on December 8, 2009. He was pronounced dead nine minutes after receiving an injection of the anesthetic sodium thiopental at the Southern Ohio Correctional Facility in Lucasville, Ohio. Executioners made nine attempts before finding a vein to inject Biros with the drug. Ohio’s method used a single dose of a lethal chemical.

Other details

Biros’s clemency and appeals included statements and victim-family impact:

• Debi Heiss, Tami Engstrom’s sister, spoke at a press conference in December 2006 and urged letters to the Attorney General urging that Biros’s clemency plea be rejected.
• In November 2009, Tami’s son Casey, an adult, asked the Ohio Parole Board to reject clemency for Tami’s murderer. Casey asked his grandmother Pat Engstrom to deliver his message when she appeared before the parole board. The account stated Casey was a year-and-a-half old when his mother was murdered and that Casey had also lost his father when he died about four years earlier.
• Mary Jane Heiss, Tami’s mother, sent a video-taped victim impact statement to the board and described her diabetes and insulin use.
• The Heiss family had traveled to Lucasville to witness Biros’s execution in 2007 but learned he had received a stay to present challenges to lethal injection procedures.