John Ruthell Henry

Case record: John Ruthell Henry

Background

John Ruthell Henry was convicted of three murders. He had been married to Suzanne Henry, while he was living with a different woman.

Henry was 63 at the time of the June 18, 2014 execution.

A family member, Selena Geiger, described the outcome after witnessing Henry’s execution by lethal injection: "I actually feel good. I don't feel sorry for him," and she said, "I wish it could've been different. I wish he could've died the way he killed them."

After the execution, Geiger held up a photo of Suzanne Henry and her 5-year-old son, Eugene Christian, and said: "These are the victims," and "These are the ones we need to remember."

Geiger said: "You see movies and you see TV shows about bad guys but you never really know," and she added, "This man showed me that true evil really exists."

After the execution, Geiger said: "We have some closure," and "Justice has finally been done."

The offence

1976 murder

In 1976, Henry stabbed his 28-year-old girlfriend, Patricia Roddy, 20 times in the front seat of a car while her children sat in the back. A child pleaded with him, saying: "Daddy, Daddy, please stop hurting Mommy."

Henry served a little over seven years in prison and appeared to improve and rehabilitate. After his release, he got back into drugs and had pending charges against him.

1985 murders of wife and stepson

Henry murdered his wife, Suzanne Henry, after an argument. On the day of the murder, Henry went to the house he had shared with Suzanne in Pasco County to discuss what presents he would get for Eugene Christian, Suzanne’s 5-year-old child from a previous marriage. An argument ensued concerning Henry’s present living situation.

Henry stabbed Suzanne with a kitchen knife numerous times in the throat. He left the Pasco County house and took Christian with him.

Henry drove to Hillsborough County with the child. Approximately nine hours later, he killed Christian by stabbing him repeatedly in the throat with the same knife that he used to kill Christian’s mother.

Investigators found the child’s body in Hillsborough County after Henry was apprehended. When apprehended, Henry admitted to knowing where Christian’s body was. Henry confessed to both murders and led police to the place in Hillsborough County where they found the child’s body.

Geiger said the stabbing of both Suzanne Henry and Christian involved so many blows with a 5-inch paring knife that they were nearly decapitated.

Investigation and arrest

After Henry was first arrested for the murder of Suzanne Henry, he was apprehended and admitted to knowing where Christian’s body was. Henry confessed to both murders and led police to the place in Hillsborough County where they found Christian’s body.

Trial

Trial I

Henry’s trial commenced with indictments dated January 16, 1986.

• 01/16/86 — Indicted with one count of First-Degree Murder
• 04/22/87 — The defendant was found guilty by the trial jury
• 04/24/87 — The jury recommended death by a vote of 12 to 0
• 05/08/87 — The defendant was sentenced as follows:
  • Count I: First-Degree Murder — Death
• 01/03/91 — Florida Supreme Court remanded to trial court for new trial

Trial II

Henry was again tried in a second trial.

• 10/11/91 — Defendant was found guilty by the trial jury
• 10/11/91 — The jury recommended Death by a vote of twelve to zero
• 10/18/91 — The defendant was sentenced as follows:

Sentencing

Henry was paroled in 1983 after serving just over seven years for the 1976 stabbing death of Patricia Roddy.

Henry was sentenced to death on May 8, 1987.

Henry was resentenced to death on October 18, 1991.

Appeals

First direct appeal and related reversal for a new trial

A direct appeal was filed on 07/06/87. Issues raised included:

• whether the trial court erred in not granting his motion for acquittal because the state failed to present sufficient evidence of premeditation;
• whether the trial court erred in not suppressing Henry’s confession because during the course of the investigation he told one police officer that he did not wish to speak to him;
• whether the trial court erred in admitting extensive testimony and documentary evidence concerning the killing of Eugene Christian.

The Florida Supreme Court found most of the claims either without merit or harmless. The Florida Supreme Court ruled it was unnecessary to admit abundant information concerning Christian’s murder and reversed the conviction and sentence of Death on 01/03/91, remanding the case for a new trial.

A second direct appeal was filed on 11/18/91. Issues raised included:

• whether the trial court erred by allowing certain hearsay testimony relating to the murder of Henry’s first wife;
• whether the trial court erred in instructing the jury on felony murder even though the trial court found that the murder was not committed during the course of a felony;
• whether the trial court erred by failing to properly consider all mitigating evidence provided by the defense.

The Florida Supreme Court found all claims either harmless or without merit and affirmed the conviction and sentence of Death on 12/15/94.

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 05/03/95 and denied on 10/02/95.

Additional direct appeal and related reversal

A direct appeal was filed on 05/18/87. Issues raised included:

• whether the trial court erred in not suppressing Henry’s confession because during the course of the investigation he told one police officer that he was not “saying nothing” to him;
• whether the trial court erred in striking the insanity defense;
• whether the trial court had sufficient evidence to show a kidnapping of Christian by Henry.

The Florida Supreme Court ruled that because a majority of the justices believe reversible error was committed, albeit for different reasons, it reversed the conviction and sentence of Death on 01/03/91 and remanded the case for a new trial.

Second direct appeal after remand

A second direct appeal was filed on 12/21/92. Issues raised included:

• whether the trial court erred in admitting evidence from the murder of Henry’s first wife;
• whether the trial court erred in allowing the prosecution to improperly impeach a defense expert witness;

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 05/15/95 and denied on 06/19/95.

Outcome

Post-conviction motions and habeas corpus

The 3.850 Motion was filed with the circuit court on 03/31/97 and was denied on 03/21/02.

A 3.850 Appeal was filed with the Florida Supreme Court on 05/24/02 and denied on 10/09/03.

A Petition for Writ of Habeas Corpus was filed with the United States District Court, Middle District on 01/29/04. On 05/24/06, the USDC denied the petition.

The Commission on Capital Cases updated this information regularly.

Later 3.850 motion and appeal

A 3.850 motion was filed with the circuit court on 03/31/97 and was denied on 12/23/03.

A 3.850 Motion Appeal was filed with the Florida Supreme Court on 02/02/04 and was currently pending.

Execution on June 18, 2014

Henry was executed by lethal injection on June 18, 2014, at the Florida State Prison.

Henry refused a last meal and was visited by his family, who did not attend the execution. A group of the victim’s family members sat in the front row in front of a glass window, and there were 24 people in the room.

Henry spent his last moments strapped to a bed and draped in a white sheet to his neck. Tubes out of a wall went into his arms.

His last words were an apology: he asked for forgiveness in Jesus Christ's name and said if he could take back what he did, he would. He muttered to himself when the execution began at 7:30, which was delayed because of a last-minute appeal to the U.S. Supreme Court. His eyes fluttered and he yawned when the first of the three-drug cocktail took effect. A man shook him to make sure he was unconscious. The sheet stopped rising and falling around 7:34, and his face lost color.

Timeline

• 05/08/87 — Defendant was sentenced: Count I, First-Degree Murder — Death
• 10/18/91 — Defendant resentenced: Count I, First-Degree Murder — Death
• 12/15/94 — Florida Supreme Court affirmed conviction and sentence of Death
• 10/02/95 — U.S. Supreme Court denied Petition for Writ of Certiorari
• 10/09/03 — Florida Supreme Court denied 3.850 Appeal
• 05/24/06 — USDC denied Petition for Writ of Habeas Corpus
• 06/18/2014 — Executed by lethal injection

Other details

Henry’s DC# was 053105. His date of birth was 01/16/51.

Henry’s case was in the Sixth Judicial Circuit, Pasco County, Case # 85-2685.

The sentencing judge was The Honorable Ray Ulmer.

The trial attorney was Robert Focht.

Direct appeal attorney was A. Anne Owens — Assistant Public Defender.

Collateral appeals attorney was Baya Harrison — Registry.

The date of offense was 12/22/85.

The date of sentence was 05/08/87.

The date resentenced was 10/18/91.

Circumstances of the offense described Henry murdering Suzanne Henry on December 22, 1985, while he was married to Suzanne but living with a different woman. Henry took Christian with him after stabbing Suzanne and later killed Christian by stabbing him repeatedly in the throat with the same knife.

An argument ensued concerning Henry’s present living situation and resulted in Henry stabbing Suzanne with a kitchen knife numerous times in the throat.

Henry had previously been convicted of second-degree murder in the stabbing death of his first wife and sentenced to 15 years in prison.

Henry was sentenced to 15 years in prison in 1976 and was paroled in 1983.

On June 17, 2014, a federal appeals court rejected a bid to delay Henry’s execution. A federal appeals court stated only the U.S. Supreme Court could now delay the execution. Henry was scheduled to be executed at 6 p.m. at the Florida State Prison.

Defense attorney Baya Harrison argued Henry, 63, was mentally disabled and should not be put to death under the constitutional ban on cruel and unusual punishment. Henry had been on death row for 27 years.

Florida’s execution protocol included: 500mg of a midazolam solution to render the inmate unconscious, followed by a “flush” of saline; after confirmation of unconsciousness, two more drugs, vecuronium bromide and potassium chloride, were administered; an on-hand physician would confirm death.

The execution context included that Henry’s execution was the third execution in the United States in the past 24 hours, and referenced botched execution issues involving Clayton Lockett in Oklahoma. Henry’s execution was described as calm, and his scheduled execution followed the rejection of the bid to delay it.

Henry’s motive was described as “PC MO: Killed victims in Hillsborough and Pasco counties.”