Jason Matthew Joseph

Case record

Jason Matthew Joseph was executed by lethal injection in Virginia on October 19, 1999.

Timeline

• October 26, 1992 — Jason Joseph committed the robbery and murder of Jeffrey Anderson while Jeffrey Anderson worked at a Subway sandwich shop in Portsmouth, Virginia.
• May 25, 1994 — Jason Joseph entered death row.
• May 1994 — Jason Joseph was sentenced to death for the October 26, 1992 murder of Jeffrey Anderson.
• October 19, 1999 — Jason Joseph was executed.

The offence

Jeffrey Anderson, 22, worked at a Subway sandwich shop in Portsmouth, Virginia. An accomplice gave Joseph his .45-caliber pistol. Joseph and his accomplice Kaisi Powell entered the Subway store and Joseph ordered a sandwich. After the sandwich was made, Joseph took the gun out of his pocket and ordered Anderson to open the cash register and give him the money. Anderson complied, and Joseph ordered him to get down on the floor behind the counter. Joseph reached over the counter and shot Anderson in the back.

Prosecutors told jurors at a sentencing hearing that Joseph had committed other crimes, including the armed robbery and abduction of 2 convenience store clerks. The cold-blooded murder was caught on the store's video camera system.

Investigation

Joseph also challenged the sufficiency of identification from videotapes and the audio soundtrack.

Trial

Jason Joseph was convicted of the October 26, 1992 robbery and murder of Jeffrey Anderson.

Joseph contested that the shooter could be determined from watching the videotapes or listening to the audio soundtrack of the tape. The appellate court ruled that if the evidence was strong enough for the jury to convict than the decision should stand.

Joseph also contested premeditation. Joseph argued that there was no premeditation for the crime and that the intent was not to kill anyone, but instead to rob the store. The appellate court ruled against Joseph, stating that the killer had taken "extra effort" to lean over the counter to shoot Anderson and that constituted premeditation.

Joseph argued in the clemency petition that jurors were influenced "by false and highly inflammatory media reports." The lawyers said newspapers incorrectly reported that after the verdict Joseph made a profane, disparaging remark to the victim's family. Two jurors later admitted that they read the article.

Joseph also argued that jurors were not told that Joseph went on a crime spree in part because he was on crack cocaine and had a brain injury "triggering immature judgment and violent reaction to stress."

Joseph also attempted to challenge the credibility of the prosecution's primary witness, Powell. Joseph believed Powell was unbelievable. He attempted to illustrate Powell's lack of credibility by stating Powell's prior felony record, Powell's involvement in the crimes, Powell's motive for blaming Joseph, Powell's inconsistent statements about the crimes, and the fact of an extremely generous plea agreement. The appellate court ruled that Powell's credibility remained in the hands of the jury and that the jury was correct in finding him believable.

Sentencing

Joseph was sentenced to death for the October 26, 1992 murder of Jeffrey Anderson.

In addition to the death sentence, Joseph also received a life sentence and an additional 100 year sentence.

The defense psychological expert stated:

"the absence of a father figure in Joseph's life and the lack of 'emotional nurturance' with other people left Joseph with 'a sense of emptiness,' which caused him to be 'at risk for making unfortunate choices in an effort to fill that emptiness.'"

The expert also noted that Joseph's mental condition could be improved if he was allowed to participate in the prison's psychotherapy program. The Commonwealth's psychologist disagreed, and found nothing wrong with Joseph.

Appeals

The case was upheld on multiple appeals. Joseph lost a U.S. Supreme Court appeal on the day of his execution.

The U.S. Supreme Court voted 7-2 on Tuesday morning to reject Joseph's request for a stay of execution.

Clemency

Late Tuesday afternoon, Gov. Jim Gilmore turned down Joseph's clemency request.

Joseph's lawyers argued to Gilmore that their client should not be executed because jurors were influenced "by false and highly inflammatory media reports."

Gilmore, in denying clemency, said Joseph robbed Anderson to get drug money and noted that the case had been upheld on multiple appeals.

Aftermath

Joseph became the 12th condemned inmate to be put to death in Virginia this year, and the 71st overall since the state resumed capital punishment in 1982.

Jason Matthew Joseph, 27, was put to death by injection at the Greensville Correctional Center. He was pronounced dead at 9:05 p.m.

Asked for a final statement, Joseph said:

"No more pain."

In a signed statement released after the execution, Joseph said he hoped the victim's family and friends "can finally find some closure and peace. I am truly sorry for the pain I've caused your family and mine. I've brought so much pain to so many people. All that I can say to both families is I wish you all NO MORE PAIN."

Other details

Joseph was 20 years old when the crime was committed.

Joseph was raised by his mother because his father abandoned the family when he was only three years old. He did not graduate from high school and was unemployed at the time the crime was committed.

In the early evening on the night of the murder, Joseph, his partner in the robbery Kaisi Powell, Joseph's brother, and his sister ingested marijuana and cocaine.

While incarcerated for this act, Joseph participated in a substance abuse program, successfully finishing it.

In May 1994, Jason Joseph was sentenced to death for the October 26, 1992 murder.

Jason Joseph's brother and sister were named as participants in the ingestion of marijuana and cocaine on the night of the murder.

4 death penalty opponents waited outside the rural prison about 50 miles south of Richmond as the execution hour approached.

Gov. Jim Gilmore turned down Joseph's clemency request late Tuesday afternoon.

Joseph entered death row on May 25, 1994.

People

• Jason Matthew Joseph — defendant; executed by lethal injection in Virginia on October 19, 1999.
• Jeffrey Anderson — victim; 22; worked at a Subway sandwich shop in Portsmouth, Virginia; was shot in the back after complying with Joseph's robbery demands.
• Kaisi Powell — Joseph's accomplice in the robbery and murder.
• Gov. Jim Gilmore — Governor of Virginia; turned down Joseph's clemency request.
• Commonwealth's psychologist — psychologist who disagreed with the defense expert and found nothing wrong with Joseph.
• Jason Joseph's defense psychological expert — psychologist who testified regarding Joseph's emotional emptiness and potential improvement with psychotherapy.
• U.S. Supreme Court — court that voted 7-2 to reject Joseph's request for a stay of execution.