Keith Canaan

Case details

Keith Canaan was a white male. He was identified as Keith Canaan, Keith B. Canaan (listed as “CANAAN, KEITH B.”), with DOC# 865840 and #48 on death row since 11-26-86. His date of birth was listed as 11-02-1958. His case was before Vanderburgh County Circuit Court Judge William H. (name truncated in the record).

Background

Keith moved into Kevin and Julie’s apartment. Kevin and Julie constantly fought. Julie blamed Keith for Kevin’s drinking and going out. Keith used to pay them money towards rent, but the landlord wrote asking them to move out because the money Keith was giving to Kevin and Julie was not being used to pay rent. Keith packed his bags, quit his job, and moved out of the state to start anew.

In November 1985 Keith was released from prison after serving a 3½ year sentence. He worked as a welder for The Creative Craftsman Company in Evansville. He was invited to move into Kevin and Julie’s apartment in Evansville, Indiana. They had 2 children and Julie was heavily pregnant with their third.

Things had continued to involve constant arguing. Julie again blamed Keith for Kevin’s drinking and other conduct while Kevin’s actions were described as his own. Prior to 28 December 1985, there were times in which Keith packed up and was ready to leave, but Kevin asked him to stay. In one incident about 1½ weeks prior to Keith’s arrest, Keith was all packed up and at the Evansville Bus Station with Kevin. Keith said he was going to leave Julie, and Kevin called Julie from the bus station. After they talked, Kevin persuaded Keith to go back to the apartment. Keith decided staying was best because he did not wish to break his parole.

Keith lived with Kevin and Julie for 37 days before being arrested and charged with the murder of Lori Bullock. The record described Keith as trying to improve the situation at home and as not allowing Kevin to join him when Keith went out drinking so that Julie would not be mad with him for the way things were between her and Kevin.

Timeline

• November 1985 — Keith was released from prison after serving a 3½ year sentence.
• 28 December 1985 — Keith told Julie he was going out to drink some beer; events began that included going to Bob Evans Restaurant and then Chi-Chi’s Bar; the record later described police and investigation timing disputes about screams and death timing.
• 28 December 1985 (around 9pm) — Keith did not see Kevin again until 6.00am on 29 December.
• 29 December 1985 (around 12.25am) — Keith ordered a sandwich at Bennigan’s; a receipt dated 29 December at 12.25am was referenced.
• 29 December 1985 (3.30am) — Keith visited Jerry’s Restaurant to get breakfast.
• 29 December 1985 (6am–7am) — Keith returned home and found the apartment torn up and a speaker ripped and broken.
• 29 December 1985 (morning) — Keith hitch-hiked and was stopped by a police officer who questioned him; officers arrested him after determining he matched the description for questioning of a murder.
• 2.45am (29 December 1985) — Lori Bullock was found dead in her apartment.
• 26 November 1986 — Keith was sentenced to death.
• 23 June 1997 — The record stated Keith received a denial of his appeal from the Indiana Supreme Court on the post-conviction appeal level; a re-hearing was also denied.
• March 11, 2005 — The record included a Federal Circuits decision by the Seventh Circuit: 395 F.3d 376, with the matter described as a habeas corpus appeal.

The offence

Lori Bullock was described as being found dead in her apartment. The record stated the apartment had been ransacked and described a butcher knife protruding from her throat and almost two dozen stab wounds. The record also described that the victim’s body was discovered at 2.45am on 29 December 1985.

The record described the case as including murder, burglary, and attempted criminal deviate conduct. The Indiana proceedings described:

• A jury convicted Canaan of murder, burglary, and attempted criminal deviate conduct.
• The State sought the death sentence based on charged aggravating circumstance of intentional killing during burglary and attempted criminal deviate conduct (Ind. Code § 35-50-2-9(b)(1)).
• The penalty phase included a finding of habitual offender eligibility and an additional thirty-year sentence under Ind. Code § 35-50-2-8(h).
• At the sentencing hearing after the conviction, Canaan’s counsel presented no mitigating evidence; the jury recommended the death penalty; the judge accepted and sentenced accordingly.

Investigation

The record described the timing of screams and investigation constraints:

• A lady living close by to Lori’s apartment heard a scream around 11.30–11.45pm on 28 December.
• A little boy staying at his grandmother’s also heard a scream at around the same time.
• The record stated Lori was still alive at 9pm on 28 December 1985, and was found dead at 2.45am on 29 December 1985.
• The coroner set the time of death between 10.30pm (28 December) and 2.45am (29 December).
• The record stated that “only reason the time of 10.30pm” was stated as possible was due to Keith being the suspect, and that there were no medical findings to substantiate death timed at 10.30pm.

The record also described police interview statements and contradictions attributed to participants:

• Rick Bethe, described as Lori’s boyfriend, told police everything he could remember but denied committing any part of the crime.
• Kevin denied being at the apartment on the evening of 28 December.
• Kevin also denied getting into a fight with Linda Rush and denied returning to the apartment after leaving with Rick at 8pm.
• After further questioning, Kevin admitted being at the apartment but still denied hitting Linda and punching his car window and denied committing the crime.

The record stated that no names of other people at a prior party were found, and therefore their whereabouts on the evening of 28 December 1985 remained unknown.

The record also described police evidence handling disputes:

• The record stated that police found a latent fingerprint of Keith on a “Red Cross Spaghetti Box,” with testimony describing how evidence was handled, transferred into a van, and later to HQ.
• The record stated that Officer Stanley Ford testified that he obtained a latent fingerprint and then destroyed the box because it was badly damaged and could not be preserved.
• The record stated Officer Pointer gave testimony that the box was saturated and badly damaged such that it could not be processed, and that items were turned over to Ford.
• The record stated that from 160 items of evidence only one was produced linking Keith via the latent fingerprint produced by Officer Ford.
• The record stated that all 160 items of evidence were sent to the FBI for further testing, except that the latent fingerprint itself was submitted because the box had been destroyed.

The record further described fingerprint and lab findings:

• In later FBI crime lab reporting described in the record, the blood samples taken from black cord pants were said to read “consistent with victim.”
• The record stated the saliva tests for cigarette filters classified the smoker as “a secretor,” and later tests determined Keith was a “secretor.”
• The record stated there were 98 latent prints in the case and that none matched Keith except the latent from the box described above.
• The record described negative results for blood on a recovered grey shirt after a waitress earlier said it had blood, and described that negative results were obtained when the FBI Crime Laboratory tested the shirt.

Arrest

The record described Keith being on parole and hitch-hiking. A police officer stopped him and started asking questions on who he was and where he was going. The record stated Keith could not tell the truth about his real name because he believed he would be arrested for parole violation. When other officers arrived, they told Keith he fit the description of a person they were seeking for questioning of a murder. The record stated officers put him under arrest and into the police car, questioned him, and conducted a line of questioning that included playing a tape recorded statement of his brother Kevin. After hearing the contents, Keith decided he needed an attorney, and questioning ended for court proceedings.

The record also included the Federal Circuits narrative stating that Keith B. Canaan was arrested two days later and charged with the crime.

Trial

Keith was charged with the murder of Lori Bullock. He was appointed representation of Evansville Public Defender, Barry Standley. Another public defender was also placed as co-defender but withdrew for reasons not known to Keith. Standley then got another person to come on as co-defender, Beverly Harris (the record noted she later became a Judge in Evansville).

The record described pretrial motions, including discover motions and a motion for court monies to employ an investigator for the defense. The judge stated only $2000 would be allowed. Standley hired an investigator charging $150 per hour. The record stated this investigator did not attempt to obtain statements, check Keith’s whereabouts, did not testify at trial, and Keith was not aware of anyone questioned by the investigator except state witnesses.

The record described a change of venue and two trials:

• Due to media coverage, a change of venue was granted so jury selection would come from outside the local news and media coverage viewing area, while trial would still be held in Evansville.
• A first trial ended in a mis-trial after two days, when a police officer called to stand and testify led to testimony coming out that Keith had been in prison before. The record stated a jury was not permitted to become aware of past criminal record unless the defendant testified.
• A second trial occurred about 30 days later, with jury selection from Gibson County, described as within the news media area, with many jurors aware of details.
• The record stated Keith wanted to testify but was advised not to by his defense counsel, with a described 50/50 chance and advice he would probably go to the electric chair.
• The record stated Keith did not testify; the State tried to place Keith in the building on 28 December, and the defense narrative argued he had told police he visited the building and why.

The Federal Circuits narrative included:

• At the penalty phase, Canaan did not testify and his counsel presented no mitigating evidence.
• The jury recommended death and the judge sentenced him to death on November 26, 1986.

The Federal Circuits narrative also included evidentiary points described as coming from Indiana court opinions:

• Canaan knocked on Bullock’s apartment door asking whether he could wait in the living room until upstairs neighbors arrived and eventually fell asleep on a couch; next day he returned and used a roommate’s phone.
• On the evening of the murder, he knocked on the door of the upstairs neighbor, and the neighbor later testified he seemed nervous and had “had a strange look.”
• Canaan was heard knocking on the door of a first-floor apartment; Bullock lived on the first floor.
• Around midnight, Canaan was seen at Bennigan’s with substantially more money than he had possessed earlier in the day.
• Several hours later, at another restaurant, Canaan asked a waitress how he could remove blood stains from his shirt.
• His brother testified that Canaan had told him that he killed a “biker” at a bar the night before.
• Canaan’s friend testified that the afternoon following the murder, Canaan noticed police nearby and said, “I've got to get out of here.”
• Canaan’s fingerprint was found on a box of spaghetti in Bullock’s apartment.

Quotations

• The Federal Circuits narrative stated: “had a strange look.”
• The Federal Circuits narrative stated: “I've got to get out of here.”

Sentencing

The record stated that at sentencing the jury recommended death after considering only two aggravating factors because there were no mitigating circumstances presented.

The Federal Circuits narrative stated:

• A death penalty hearing followed the conviction before the same jury.
• Canaan did not testify at the hearing, and his counsel presented no mitigating evidence.
• On November 26, 1986, the court found that Canaan intentionally killed Bullock while committing burglary and attempted criminal deviate conduct.
• The court sentenced Canaan to death.

The record also included a separate mention that Canaan was found guilty of being a habitual offender at the penalty phase, making him eligible for an additional thirty-year sentence (Ind. Code § 35-50-2-8(h)).

Appeals

The record stated:

• The Indiana Supreme Court affirmed the conviction, with Canaan v. State, 541 N.E.2d 894 (Ind. 1989) (“Canaan I”), and cert. denied, 498 U.S. 882 (1990).

• Canaan v. State, 683 N.E.2d 227 (Ind. 1997) (“Canaan II”), cert. denied, 524 U.S. 906 (1998).

• On 23 June 1997, the record stated Keith received a denial of his post-conviction appeal from the Indiana Supreme Court, and his re-hearing was also denied.

• Canaan filed a petition for a writ of habeas corpus.

• The district court granted relief on three grounds: ineffective assistance for failing to advise him of his right to testify at the penalty phase (affecting only his death sentence), and two grounds that resulted in vacation of his conviction for attempted criminal deviate conduct.

• The district court issued a writ vacating Canaan’s death sentence and his conviction for attempted criminal deviate conduct.

• The State appealed.

In the Federal Circuits decision described in the record (395 F.3d 376, March 11, 2005):

• The Seventh Circuit affirmed the grant of habeas corpus relief with respect to the death sentence, but reversed the grant of habeas corpus relief with respect to the conviction for attempted criminal deviate conduct.
• The Seventh Circuit vacated the death sentence and held Canaan was entitled to a new hearing on his sentence.
• The record stated the State was free to conduct a new death penalty hearing, provided the State filed appropriate documents seeking such relief within 120 days of the mandate.

Outcome

Keith Canaan’s status remained that he had been sentenced to death on November 26, 1986.

In the Federal Circuits decision described in the record:

• Habeas corpus relief was affirmed with respect to the death sentence.
• Habeas corpus relief was reversed with respect to the conviction for attempted criminal deviate conduct.
• The record stated the State was free to conduct a new death penalty hearing.

Other details

People and roles mentioned in the record

• Lori Bullock — victim.
• Kevin and Julie — siblings/household described (Kevin as Keith’s brother; Julie as Kevin’s girlfriend/partner).
• Barry Standley — public defender counsel appointed for Keith.
• Beverly Harris — co-defender, later noted as a Judge in Evansville.
• William H. (name truncated in record) — Vanderburgh County Circuit Court judge mentioned.
• Rodney Crice — waiter who took Keith’s order at Bennigan’s.
• Kirk Fifer — driver of an International pickup truck who drove Keith and who was mentioned in connection with a police stop.
• Jennifer Griffin (spelled “Jennifer Griffin” in some places) — upstairs apartment resident in the Fairmont apartment complex.
• Michelle Bruder — named as living in an upstairs apartment with Jennifer Griffin.
• Natasha and Matthew Clark — apartment owners where Keith spoke at a party.
• Dana Dunn — named as a girl attending the Clark’s apartment party and described as viewing Keith through a peep-hole.
• Mark and Reneea Gilmore — named as across-the-street apartment residents.
• Linda Rush — mentioned in connection with Kevin’s alleged fight.
• Rick Bethe — Lori’s boyfriend.
• Frederick Whitehurst — described as an FBI Crime Laboratory agent who prompted an investigation.

Places mentioned in the record

• Springfield, Ohio — Keith moved into Kevin and Julie’s apartment described there.
• Evansville, Indiana — Keith lived and worked there.
• Evansville Bus Station — referenced in the incident before arrest.
• Bob Evans Restaurant — described with a dress code and as the place Keith stopped.
• Chi-Chi’s Bar — Keith went after Bob Evans.
• Bennigan’s Bar & Restaurant — described with a crowded bar section and tabled section.
• Silver Dollar Bar — described as another venue across town.
• Jerry’s Restaurant — breakfast place visited at 3.30am on 29 December.
• Fairmont apartment complex — described as the apartment complex where Keith visited on 28 December.
• Clark’s apartment — referenced at the complex.
• Kevin’s apartment — across-the-street from Mark and Reneea Gilmore’s apartment.
• Henderson — referenced in connection with driving and sleep/“East side of Evansville” narrative.
• Westville Correctional Institute — referenced in the Federal Circuits narrative about incarceration.
• Indiana State Prison, Michigan City — referenced in the case-update address and identity line.

Charges and procedural descriptors mentioned

The Federal Circuits narrative stated the jury convicted Keith of murder, burglary, and attempted criminal deviate conduct, and also referred to a habitual offender finding making him eligible for an additional thirty-year sentence. The record also described the attempted criminal deviate conduct instruction dispute and due process issues considered on habeas corpus review.

Labeling and case identifiers included in the record

The record included the following identifiers and docket information:

• “Keith B. Canaan, Petitioner-Appellee, v. Daniel R. Mcbride, Warden” with respondent substitution noted: “Daniel R. McBride is substituted as respondent for Cecil Davis…”
• Federal Circuit docket number “03-1384.”
• Seventh Circuit “March 11, 2005,” with the opinion by Judge WOOD.
• “395 F.3d 376” was included.
• The record included an address line with “X Row / W-215 Indiana State Prison” and “PO Box 41 Michigan City, Indiana 46361 - 0041.”