Jesse Cummings

Case overview

Jesse Cummings was executed by lethal injection in Oklahoma on September 25, 2008. He was convicted of the 1991 murder of his 11-year-old niece, Melissa Moody.

Timeline

• September 4, 1991 — Jesse Cummings told his wife Sherry to take his sister, Judy, to look at houses and to shoot Judy from behind when they got to an empty house.
• September 5, 1991 — Cummings left early to drive his father to the hospital in Oklahoma City. Sherry took Judy to look at houses.
• September 8, 1991 — Cummings went to the Atoka County Sheriff’s Office and reported his sister, Judy Ann Moody Mayo, and her daughter, Melissa Moody, as missing; he told the clerk friends had told him the sister’s vehicle had been seen parked at Atoka Lake on Highway 43 and that it had broken down as its hood and doors were opened; he reported what Judy and Melissa had been wearing at the time of their disappearance and said someone had possibly picked them up; he showed the clerk pictures of Judy and Melissa.
• September 8, 1991 — Judy’s body was found floating in a small pond adjacent to Atoka Lake; she had gunshot wounds to her head and neck and her body was wrapped in a quilt and a mattress pad.
• October 1991 — Melissa’s skeletal remains were located by the side of a bridge over the Clear Boggy River in Choctaw County; due to skeletonization, an exact cause of death could not be determined but evidence of sharp force injuries to several ribs was noted.
• 1994 — The case remained unsolved for almost three years; during this time, Cummings and his two wives moved from Phillips, Oklahoma, to Lehigh, Oklahoma.
• Summer of 1994 — Juanita went to work for Edward Fields; Juanita told Fields she had shot Judy and that Cummings had made her do it; she also stated Cummings wanted her to kill Melissa but she got sick and could not do it.
• July 1994 — Juanita Cummings turned herself into the Coal County Sheriff’s Department and confessed to the murder of Judy.
• August 1, 1994 — Felony informations were filed in Coal County District Court; Janell Jenkins and others later referred to the execution after years of proceedings.
• May 9, 1996 — Date of conviction was stated in later materials.
• May 30, 1996 — Cummings was formally sentenced to death in accordance with the jury’s verdict.
• 1998 — Cummings’ conviction for his sister’s death was reversed by the Oklahoma Court of Criminal Appeals; the conviction for the niece’s murder stood.
• August 4, 1998 — The Oklahoma Court of Criminal Appeals affirmed the conviction and death sentence for the murder of Melissa Moody, but reversed the conviction and sentence for the murder of Judy Mayo.
• June 7, 1999 — Cummings’ petition to the United States Supreme Court was denied.
• September 25, 2008 — Cummings was executed by lethal injection in Oklahoma.
• September 26, 2008 — Reports described Cummings’ execution and attendance at the execution.

Background

Jesse James Cummings lived in Phillips, Oklahoma, in a residence he shared with his first wife, Sherry Cummings, his second wife, Juanita Cummings, Sherry’s daughter Debra, Juanita’s son Robbie, and his father, Jesse Samuel Cummings. He married Sherry in 1987 and, without divorcing her, married Juanita in 1989. He effectively had two wives.

At the time of the murders, Cummings lived in a Coal County household of overlapping sexual relationships. In Phillips, the polygamist lived with his ailing father; his wives Sherry and Juanita; and one child of each woman. His half-sister and niece lived in nearby Tushka.

The people involved

• Jesse Cummings — defendant; executed.
• Melissa Moody — victim; Cummings’ 11-year-old niece.
• Judy Moody Mayo — victim; Cummings’ half-sister; Melissa’s mother.
• Sherry Cummings — Cummings’ wife; testified against him; later entered a plea agreement.
• Juanita Cummings — Cummings’ wife; testified against him; later entered a plea agreement; confessed to murdering Judy.
• Jesse Samuel Cummings — Cummings’ father.
• Edward Fields — minister for whom Juanita later worked.
• Drew Edmondson — Oklahoma Attorney General; issued a statement before the execution.
• Doug Gabbard, II — judge in the District Court, Coal County.
• Chris Eulberg — Cummings’ defense attorney who attended the execution.
• Gary McCool — Atoka County Sheriff who investigated the case initially; attended the execution.
• Janell Jenkins — one of Cummings’ ex-wives; prepared a written statement read in reporting.
• Lahoma Yaws — described as Sherry Cummings’ sister and referenced in appellate discussion of the “continuing threat” aggravating circumstance.
• Chiapose? — Not present as a named person; no other names beyond those in the text were added.

The offences

Cummings was convicted in connection with the 1991 murders of:

• Judy Ann Moody Mayo, 42 — she was found floating in a small pond adjacent to Atoka Lake on September 8, 1991; she had gunshot wounds to her head and neck and her body was wrapped in a quilt and a mattress pad.
• Melissa Moody, 11 — her skeletal remains were located in October 1991 near a bridge over the Clear Boggy River in Choctaw County; due to skeletonization, an exact cause of death could not be determined at first, but evidence of sharp force injuries to several ribs was noted.

In later accounts of the case, prosecutors said Cummings convinced his two wives to kill his sister Judy Moody Mayo, who was the child’s mother, and then molested the girl before killing her and dumping her body in a remote area of Choctaw County. Testimony described Melissa being held captive and then taken out and killed.

Investigation and discovery

Cummings initially reported Judy and Melissa as missing to the Atoka County Sheriff’s Office on September 8, 1991. Judy’s body was found floating in a pond adjacent to Atoka Lake on September 8, 1991. Melissa’s skeletal remains were located in October 1991 near a bridge over the Clear Boggy River in Choctaw County.

The case remained unsolved for almost three years. During that period, Cummings and his two wives moved from Phillips to Lehigh. In 1994, Juanita confessed to murdering Judy.

Juanita told Edward Fields that she shot Judy and that Cummings made her do it. She also stated that Cummings wanted her to kill Melissa but she got sick and could not do it, and that after she killed Judy she went to work and when she got back Judy’s body was gone and so was Melissa.

Arrest and pretrial

• July 1994 — Juanita turned herself into the Coal County Sheriff’s Department and confessed to the murder of Judy.
• August 1, 1994 — Felony informations were filed in Coal County District Court.

Charges

Cummings faced charges related to:

• The death of Judy Mayo (first-degree malice aforethought murder; first-degree murder in materials).
• The death of Melissa Moody (first-degree felony murder was included in the appellate record; first-degree malice aforethought murder was addressed in the reversal portion of the direct appeal).
• Child abuse of Melissa Moody appeared as a count at trial but was dismissed at the end of the first stage.

In later materials written by Cummings, he stated that felony informations were filed on August 1, 1994 and that he was charged with two counts of first degree (malice) murder for: the murder of Judy acting in concert with Juanita, and the murder of Melissa acting in concert with Sherry.

In the appellate record, the State filed bills of particulars alleging aggravating circumstances for the death penalty, including:

• that the murders were committed for the purpose of avoiding or preventing a lawful arrest or prosecution; and
• the existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.

Trial

A jury trial occurred in the District Court of Coal County.

During the first stage, the trial court dismissed the child abuse charge (Count III) without objection from the state, and the jury found Cummings guilty of the two murder charges.

Sherry and Juanita testified against Cummings. Sherry testified that on September 4, 1991 Cummings told her to take Judy to look at houses and to shoot Judy from behind when they got to an empty house. Sherry testified she heard five gunshots while Judy was present, and that Juanita shot Judy.

Sherry testified that after Appellant and Juanita were in the bedroom where Melissa was handcuffed to the bed, Juanita came out first and Cummings followed. The appellate record states that Cummings handed Juanita the keys to the hand cuffs and told her to bring Melissa out of the room. Cummings then told Sherry and Melissa to go get in the car. Sherry testified that Melissa asked where they were going and Cummings said they were going to meet her momma.

Juanita testified that on the morning of September 5, 1991 Cummings told her he wanted her to kill his sister Judy and wanted her to use the .38 to do it. Juanita testified that she took Melissa to the welfare department, and that later Sherry called her to the porch and Sherry brought her a gun. Juanita testified that she went back into the house and shot Judy.

In the sentencing record, the jury fixed punishment at death for both counts of conviction.

Sentencing

The trial court sentenced Cummings to death on each of the two counts of conviction.

The Oklahoma Court of Criminal Appeals’ decision discussed two aggravating circumstances alleged by the State and found by the jury at the time of sentencing:

• For Count I: one aggravating circumstance was found, the “continuing threat.”
• For Count II: both alleged aggravating circumstances were found, including avoiding lawful arrest or prosecution and the “continuing threat.”

Appeals and post-conviction

Direct appeal

The Oklahoma Court of Criminal Appeals affirmed the conviction and death sentence for the murder of Melissa Moody, but reversed the conviction and sentence for the murder of Judy Mayo and instructed dismissal. The reversal was based on the lack of independent evidence connecting Cummings to Judy’s murder, given accomplice corroboration requirements.

The appellate record described that Cummings’ conviction for Count I had to be reversed with instructions to dismiss because there was insufficient independent evidence connecting him to Judy Mayo’s murder beyond accomplice testimony.

The appellate record also addressed issues including:

• joinder of offences being permitted,
• corroboration standards for accomplice testimony,
• whether the failure to instruct on accomplice status was harmless,
• prosecutorial misconduct claims,
• ineffective assistance of counsel claims,
• an aggravating circumstance failing due to the dismissal of child abuse and insufficiency regarding Judy’s murder,
• reweighing of aggravating and mitigating evidence after invalidating one aggravator,
• mandatory sentence review for passion, prejudice, or arbitrariness, and
• a determination that the sentence was factually substantiated and appropriate and not imposed under passion, prejudice, or any other arbitrary factor.

Execution details

Cummings was executed by lethal injection on September 25, 2008 in Oklahoma.

At the execution, Cummings was strapped to a gurney in the execution chamber at the Oklahoma State Penitentiary. He denied guilt to the end. He said:

"You came here to see an innocent man die,"
and: "I love my family. I love my children. The justice system let me down on this case. It turned a blind eye to truth in this."
Before taking two heaving last breaths, he said: "I forgive everybody involved in this."

An additional account reported he said:

"I love my family. I love my children. I love my gorgeous angel,”
and: "The justice system let me down on this case. It turned a blind eye to the truth in this. You came here today to see an innocent man die. I forgive everybody involved in this.”

The reporting also described that he asked for a last meal of a bucket of KFC chicken, eight additional drumsticks, and a chocolate milkshake.

The execution was witnessed by:

• Chris Eulberg (defense attorney),
• Gary McCool (Atoka County Sheriff),
• two spiritual advisers, and
• five friends and relatives of the victims.

A female friend of Cummings sobbed as color drained from his face.

Statements and quotations (verbatim)

Oklahoma Attorney General statement (pre-execution)

Oklahoma Attorney General Drew Edmondson said:

"Cummings was properly convicted and sentenced to death for the murder of Melissa Moody. Appeals courts at every level have upheld this conviction and sentence. My thoughts are with the family and friends of Melissa and her mother, Judy."

Janell Jenkins written statement

Janell Jenkins prepared a written statement saying:

"Now finally after 17 years, on this day, September 25, there is justice being done by the execution of Jessie James Cummings."

Another reporting account included Jenkins saying:

"Melissa "had her innocence, and then her life" taken from her 17 years ago."
"Now, finally, after those 17 years there is justice being done, by the execution of Jesse James Cummings. "And also now no one, especially no female, will ever have to live in fear because of this horrible, horrible man."

Other details

Prison and family relationships described in the record

Cummings lived with overlapping relationships. His wives testified that he lorded over their home and employed violence, rape, and incest to control his family.

Cummings said in later materials that on September 5, 1991 he was over a hundred miles away in Oklahoma City with his father who was dying of cancer and receiving treatment at Presbyterian Hospital for cancer tests. He claimed that Juanita and Sherry shot and killed Judy and that Melissa was also killed; he asserted he was wrongfully convicted and asked for DNA testing and a thorough investigation.

Medical and forensic findings mentioned in materials

Cummings’ materials described that Judy’s body was recovered on September 10, 1991 in Atoka County in a small pond next to Atoka Lake and that she had been shot several times. His materials also stated Melissa’s remains were recovered on October 16, 1991 and that the medical examiner released Melissa’s body and she was buried on Nov. 22, 1991. Cummings stated that a cause of death was initially unable to be determined but that evidence of sharp force trauma on several ribs was recovered after a second autopsy about three years later.

Co-defendants / outcomes for other participants

• Juanita Cummings — serving a life sentence for second-degree murder (as stated in reporting and in the appellate-related materials).
• Sherry Cummings — serving a 35-year sentence for allowing child abuse and being accessory to a crime after the fact, and described as serving a 35-year-sentence on two counts of accessory to murder after the fact and one count of permitting a child to be abused.

Legal outcome

Cummings’ conviction and death sentence for Melissa Moody’s murder were upheld through the appeals process. His execution occurred on September 25, 2008 in Oklahoma.