Marvallous Keene

Case record: Marvallous Keene

Marvallous Keene was a Black male executed by lethal injection in Ohio on July 21, 2009. He was born in 1973 (DOB: July 5, 1973). He was incarcerated under Inmate#: OSP #A286-363 at the Southern Ohio Correctional Facility, and previously held at Ohio State Penitentiary in Youngstown and on death row at Mansfield.

Timeline

• December 24-26, 1992 — Keene participated in a three-day murder and robbery rampage in Dayton, known as the “Christmas Killings.”
• December 24, 1992 — Keene and Taylor enlisted Heather N. Mathews to help rob Joseph Wilkerson, following a pretext involving an orgy; after Wilkerson and Taylor went to the bedroom, Keene drew a gun and ordered Mathews and Taylor to tie Wilkerson’s hands; Keene and accomplices ransacked Wilkerson’s home and stole items including a microwave oven, a TV, a cordless phone, a curling iron, and a blow dryer; Wilkerson told Keene about a .32-caliber derringer in the garage; Keene shot Wilkerson in the chest with the derringer and then gave Taylor his own gun when the derringer would not fire again; Taylor shot Wilkerson in the head.
• December 24, 1992 — Later, Keene and Smith approached Danita Gullette at a public telephone; Smith forced Gullette at gunpoint to take her shoes off; Keene and Smith shot Gullette.
• December 24, 1992 — Later that night, Smith shot Jeffrey Wright outside 159 Yuma.
• December 25, 1992 — Keene returned to Wilkerson’s house and stole more items including Wilkerson’s other car, a Pontiac; Taylor robbed and murdered her former boyfriend, Richmond Maddox.
• Early morning of December 26, 1992 — Mathews drove the Pontiac to a BP service station where Keene and Smith stole Kathie Henderson’s car at gunpoint; Keene and Smith drove off in Henderson’s car; Mathews followed in the Pontiac.
• Later that morning, December 26, 1992 — Mathews drove the Pontiac to the Short Stop Mini-Mart with Keene, Smith, and Taylor in the car; Taylor went into the store and returned to report there were only two people inside; Keene and Smith went into the store; Sarah Abraham was behind the cash register; Keene ordered her at gunpoint to open it; Abraham removed $40 handed to Keene; Keene shot Abraham in the head. Abraham died of her wound several days later.
• December 26, 1992 — Police arrested Keene.
• December 26-27, 1992 — Keene made confessions after Miranda warnings; the next day detectives re-advised him of his rights and interviewed him again.
• December 27, 1992 — Investigators found Wendy Cottrill and Marvin Washington dead at the gravel storage area south of Richley Drive.
• December 10, 1993 — Keene was sentenced (as reflected in the case summary).
• May 13, 1998 — Ohio Supreme Court affirmed his death sentences.
• January 21, 1998 — Submitted for decision (as reflected in the legal citation format in the record).
• 2004 — Federal habeas petition proceedings followed the denial by the district court (as reflected in case history).
• June 17 (year not specified in the provided text) — A clemency hearing took place; Keene directed his attorneys not to present evidence on his behalf.
• July 20, 2009 — Keene was transferred to the death house.
• July 21, 2009 — Keene was executed by lethal injection at 10:36 a.m. at the Southern Ohio Correctional Facility in Lucasville.

Background

Keene was the head of a self-proclaimed Downtown Posse of juveniles and young adults in Dayton. The crimes were carried out with three young co-conspirators.

The group at various times stayed at Bill McIntire’s apartment at 159 Yuma Avenue, Dayton. The group included Laura Taylor, DeMarcus Smith, Nicholas Woodson, Heather N. Mathews, Wendy Cottrill, Marvin Washington, and Jeffrey Wright.

Keene was described as a ringleader of the Downtown Posse. Defense attorneys said Keene was despondent over the shooting death of his brother a year earlier. Keene also told a three-judge panel that a falling out with his father contributed to his troubled emotional state.

The offence

Victims and deaths

Working with three young co-conspirators, Keene murdered Joseph Wilkerson, 34 (an acquaintance), Danita Gullette, 18 (a stranger using a public telephone on the street), and Sarah Abraham, 38 (a clerk at a convenience store). When he feared they would snitch on him, Keene was involved in the silencing of two acquaintances who knew too much: Wendy Cottrill, 16, and Marvin Washington, 18. Washington was shot by co-conspirator DeMarcus Smith. Keene’s girlfriend, Laura Taylor, killed a sixth victim, Richmond Maddox, 19.

The crimes spanned December 24-26, 1992 and were known as the “Christmas Killings.” The murders left six people dead and two wounded.

Keene was convicted in five of the gang’s six killings (Aggravated Murder (Death) convictions). His three accomplices were serving prison sentences in excess of 100 years.

Alleged methods and events

Keene and his accomplices conducted robberies and murders across multiple locations in Dayton during the Christmas weekend.

On December 24, 1992, Keene and Taylor enlisted Mathews to help rob Joseph Wilkerson. Taylor told Mathews she had arranged for them to go to Wilkerson’s house on the pretext of having an orgy. After Keene drew a gun and ordered Wilkerson onto the bed and to tie Wilkerson’s hands, Taylor and Mathews ransacked the house and stole items, including a microwave oven, a TV, a cordless phone, a curling iron, and a blow dryer, which they loaded into Wilkerson’s Buick. After Wilkerson told Keene about a .32-caliber derringer in the garage, Keene shot Wilkerson in the chest with the derringer after covering him with blankets to muffle the noise. Taylor and Mathews returned and saw Keene holding the derringer. The derringer would not fire again, so Keene gave Taylor his own gun and Taylor shot Wilkerson in the head.

Keene warned his accomplices not to tell Cottrill and Washington.

Later that evening, Keene and Smith approached Danita Gullette at a public telephone. Smith forced Gullette at gunpoint to take her shoes off. Keene and Smith then shot Gullette. Washington and Cottrill later were killed at a gravel pit after protests that they had not gone to the police or “snitched,” where Keene shot Cottrill and Smith shot Washington.

On December 25, Keene returned to Wilkerson’s house and stole more items, including Wilkerson’s other car, a Pontiac. Also on December 25, Taylor robbed and murdered Richmond Maddox.

Early in the morning of December 26, Mathews drove the Pontiac to a BP service station, where Keene and Smith stole Kathie Henderson’s car at gunpoint. Keene and Smith drove off in Henderson’s car; Mathews followed in the Pontiac. Keene and Smith later went to the Short Stop Mini-Mart, where Sarah Abraham was working behind the cash register. Keene ordered her at gunpoint to open the cash register and removed $40. Keene shot Abraham in the head. Abraham died several days later of her wound.

Smith also shot at two other people: Jones Pettus, a customer, wounding him, and Edward Thompson, a helper, both of whom survived and testified against Keene.

“Christmas killings” descriptions and participants

The record described the killings as beginning on Christmas Eve 1992 with Wilkerson and then continuing through Gullette, Maddox, and Abraham, and culminating with the killings of Cottrill and Washington.

A group including Laura Taylor, DeMarcus Smith, Nicholas Woodson, Heather N. Mathews, Wendy Cottrill, Marvin Washington, and Jeffrey Wright stayed at 159 Yuma Avenue at various times. The record also described a Downtown Posse setting linked to 159 Yuma Place and Bill’s apartment, with criminal activity and drugs.

Investigation

Investigators received tip(s) including a call from Nick Woodson. Grossnickle later took information over the phone and dispatched the Lawson brothers to Woodson’s home.

The record included a description of police activity where Sergeant John Huber observed a black Dodge Shadow in the neighborhood, identified license plate information, and observed switched plates; a police pursuit resulted in the arrest of Keene’s group. Police found Keene’s .25-caliber, nickel-plated handgun under the driver’s seat, and items including a necklace around Keene’s neck and Gullette’s clothing on him, along with other items in the record.

Police converged on Joseph W. Wilkerson’s home and found no signs of forced entry; the door was unlocked and furniture and rooms were ransacked. Wilkerson’s body was found in a back bedroom with arms spread-eagled, wrists tied to bedposts with electrical cord, and his face and chest covered with bloody quilts. Investigators found an aluminum casing for a .25-caliber Blazer bullet.

Two bodies were later found on December 27, 1992 at the gravel storage area south of Richley Drive: Wendy Cottrill (shot in the mouth and through the ear with missing shoes) and Marvin Washington (shot several times in the side and in the head, with seven .25-caliber casings).

Arrest

Keene was arrested on December 26, 1992.

People

Defendant

• Marvallous Keene — convicted of aggravated murder counts and aggravated burglary; executed by lethal injection in Ohio on July 21, 2009.

Co-defendants and others named

• Laura Taylor — girlfriend of Keene; killed Richmond Maddox, 19; sentenced and serving a prison sentence in excess of 100 years; juveniles at the time of the killings and thus ineligible for the death penalty.
• DeMarcus Smith — co-conspirator; Washington was shot by Smith; Smith served a prison sentence in excess of 100 years.
• Heather Matthews (Heather N. Mathews/Heather N. Mathews) — indicted on two capital murder charges; granted a plea agreement in exchange for testimony against Keene and Taylor; sentenced and serving a prison sentence in excess of 100 years.
• Joseph Wilkerson — victim; 34.
• Danita Gullette — victim; 18.
• Sarah Abraham — victim; 38.
• Wendy Cottrill — victim; 16.
• Marvin Washington — victim; 18.
• Richmond Maddox — victim; 19; killed by Laura Taylor.
• Kathie Henderson — victim of car theft at gunpoint (not convicted as charged in the provided text but named in events).
• Deon — name used for a young man at Kumler Avenue; later identified as Smith.
• Sandra Pinson — described as being at the Kumler address.
• Earl Strickland — Sandra Pinson’s boyfriend; identified Deon/Smith in the house.
• Nick Woodson — tip caller; described as giving information to Grossnickle.
• Jeffrey Wright — girlfriend’s boyfriend; Smith shot him outside 159 Yuma.
• James (Wilkerson’s) relative/witness named in the narrative:
  • Donna Cottrill — Cottrill’s mother; stood when Keene entered the death chamber (timing given).
  • Gary Gullette — Gullette’s slain woman’s uncle; provided a reaction after execution.
  • Connie Gullette — Gullette’s stepmother; shoulder rubbing described.
• Other witnesses and named individuals
  • Jones Pettus — wounded survivor and testified against Keene.
  • Edward Thompson — helper wounded; survived and testified against Keene.
  • John Scroggins — neighbor witness to Maddox scene in narrative.
  • Kim/other names in the narrative: Detective Doyle Burke, Detectives Wade and Tom Lawson, Sgt. Larry Grossnickle, Rev. William Head, Officer Jason Grossnickle (mentioned as deceased in narrative), Warden Phillip E. Kerns, Julie Walburn, Mathias H. Heck Jr., John Fautenberry (mentioned in a comparison of other executions), Alan Johnson, Tom Beyerlein, Matt Leingang, Kelly Schneider, Rachel Troutman, ClarkProsecutor.org and other general entities (not legal persons).
  • Dr. Eugene S. Cherry — psychologist whose testimony was rejected in the opinion.
  • Dr. Robert Smith — psychologist whose testimony included diagnosis of appellant’s personality disorder and PTSD.

Trial

Keene waived jury trial rights and was tried to a three-judge panel.

The panel found Keene guilty on all counts. The panel merged and reduced convictions for sentencing consideration to five aggravated murder convictions.

Charges and death specifications

Grand jury indicted Keene on eight counts of aggravated murder—two counts each for Wilkerson, Washington, and Cottrill; one count each for Gullette and Abraham.

The Wilkerson counts each carried six death specifications (course of conduct, escaping detection, two aggravated robbery, two aggravated burglary). The Cottrill counts each carried four death specifications (course of conduct, witness-murder, two kidnapping). The Washington counts each carried three death specifications (course of conduct, witness murder, kidnapping). The Gullette and Abraham counts each carried two death specifications (course of conduct, aggravated robbery).

The indictment also included six counts of aggravated robbery, one count of aggravated burglary, one count of burglary, two counts of kidnapping, and two counts of attempted aggravated murder. All counts carried a firearm specification.

The Wilkerson, Washington, and Cottrill aggravated murder counts were merged so that only one remained for each victim, a total of five.

Mitigation hearing and sentencing

After a mitigation hearing, the panel sentenced Keene to death on each of the five counts. The court of appeals affirmed.

Appeals

Direct appeal (Ohio Supreme Court)

The Ohio Supreme Court affirmed Keene’s convictions and death sentences.

The Ohio Supreme Court addressed claims including discriminatory prosecution, evidentiary sufficiency for death specifications, suppression issues involving Miranda waiver and confessions, issues relating to photographic lineup, jury waiver, Evid.R. 404(B) “other acts” evidence, victim impact evidence, chain of custody for sneakers, and issues concerning sentencing analysis and proportionality.

It affirmed the death sentences imposed herein.

Federal habeas corpus (Sixth Circuit)

Keene v. Mitchell, 525 F.3d 461 (6th Cir. 2008). The court affirmed the district court’s denial of Keene’s petition for a writ of habeas corpus under 28 U.S.C. § 2254.

The certified issues included:

• equal protection claim based on selective prosecution on account of African-American status;
• due process claim concerning admission of a pretrial identification allegedly procured by unduly suggestive procedures.

The Sixth Circuit affirmed denial of habeas relief, concluding Keene had not shown purposeful discrimination and that the identification was reliable under the totality of the circumstances.

Outcome

Keene was executed by lethal injection on July 21, 2009 in Ohio.

The execution occurred at 10:36 a.m.

Keene’s final statement was:

"I have no words."

When the warden asked whether he wanted to make a final statement, he replied, "No, I have no words."

Seven witnesses representing victims watched the execution from a room near the death chamber. Keene’s attorneys and several family members declined to speak afterward.

Before execution, Keene had received a “special meal” and had not requested to meet with family members.

Clemency:

• Gov. Ted Strickland denied clemency.
• At a clemency hearing, Keene directed his attorneys not to present evidence on his behalf, saying he didn’t want to cause additional pain to his family or to the victims’ families.

Other details

Final meal

Final/Special Meal:

• A Porterhouse steak with A-1 sauce,
• a pound of jumbo fried shrimp with cocktail sauce,
• french fries and onion rings with ketchup,
• dinner rolls and butter,
• two plums,
• a mango,
• a pound of seedless white grapes,
• German chocolate cake,
• two bottles of Pepsi,
• two bottles of A&W cream soda.

Last day procedural and witness details in the narrative

Keene was transferred to the death house at the state prison on July 20, 2009. The record stated that two attorneys from the Ohio Public Defender’s Office were his chosen witnesses.

Juridical names associated with sentencing and decision-making in the record

Presiding Judge listed as Robert M. Brown; other judges listed in the case summary as Lee A. Bixler and Robert D. Nichols. Prosecuting attorney listed as Mathias H. Heck Jr.

Prison status and locations mentioned

Keene was executed from Southern Ohio Correctional Facility near Lucasville. The record also mentioned transfer from death row at Ohio State Penitentiary in Youngstown to Lucasville, and later references that Keene was on death row at Mansfield in the narrative portion.