Ronald Lott

Parties and court

Ronald Clinton Lott was the petitioner-appellant in Lott v. Trammell before the United States Court of Appeals for the Tenth Circuit.

• Petitioner–Appellant: Ronald Clinton Lott
• Respondent–Appellee: Anita Trammell, Interim Warden, Oklahoma State Penitentiary

Background

Ronald Clinton Lott was convicted by an Oklahoma jury of two counts of first-degree murder in the deaths of Anna Laura Fowler and Zelma Cutler.

The offence

Murder of Anna Laura Fowler

Sometime after 10:30 p.m., September 2, 1986, Anna Laura Fowler was attacked in her home, raped and murdered. Fowler was 83 years old and lived alone.

As a result of the attack, Fowler suffered severe contusions on her face, arms and legs and multiple rib fractures. Fowler died from asphyxiation. Fowler’s grandson found her dead on her bed the next morning.

The details of the attack included that Fowler lived alone in Oklahoma City when Lott broke into her home through the back screen door and attacked her on Sept. 2, 1986. Authorities said Fowler was raped and a knotted cloth was used to bind her hands. Fowler had multiple injuries, including rib fractures and bruising on her wrists, hands, eyes, lips and cheeks.

Murder of Zelma Cutler

Zelma Cutler lived across the street from Fowler and lived alone. Cutler was 93 years old.

During the early morning hours of January 11, 1987, Cutler was attacked, raped and murdered in her home. Cutler suffered severe contusions on her arms and legs and multiple rib fractures. Cutler died from asphyxiation.

Police found Cutler dead on her bed on Jan. 11, 1987. The electricity to Cutler’s home had been shut off at the breaker box and the phone wire had been cut.

Rape and injury descriptions mentioned in federal appeal

In both instances, the victims were vaginally raped and orally sodomized. The evidence presented at trial suggested that Fowler was anally raped and that the perpetrator attempted to anally rape Cutler as well.

The evidence presented at trial also suggested that the rib fractures sustained by Fowler and Cutler occurred as a result of the perpetrator sitting directly on their chests and either orally sodomizing them and/or suffocating them with pillows after the attack.

Investigation

Initial prosecution of another person

Another individual, Robert Lee Miller Jr., was initially arrested, charged, and convicted of the Fowler and Cutler murders. During the appeals process, DNA samples excluded Miller and implicated Lott, who at the time was incarcerated for raping two other elderly women.

During the first trial described in the news reporting, Lott’s defense attorneys tried to prove that fired Oklahoma City police chemist Joyce Gilchrist contaminated the evidence in the Fowler and Cutler cases and two unrelated rapes in which Lott pleaded guilty.

In surprise testimony at the first trial, Dr. Larry Balding, deputy state medical examiner, revealed slides made from the two victims’ autopsies were stored at the medical examiner’s office and never had been touched by Gilchrist.

DNA testing and later identification

The DNA test on the semen from both rapes linked Lott to the crimes. DNA testing established that Lott, rather than Miller, had raped Fowler and Cutler.

Two tests conducted on Cutler’s evidence were inconclusive in the reporting about the first trial. The new test on the Fowler evidence again indicated Lott.

Other attacks committed in a similar manner

After Miller’s arrest, Grace Marshall was attacked and raped in her home on March 22, 1987. Eleanor Hoster was attacked and raped in her home on May 7, 1987.

With the exception that Marshall and Hoster were not killed after being raped, there were striking similarities between the attacks on the four women. The federal appeal described them as elderly ladies living alone.

Lott was arrested, charged, and ultimately pleaded guilty to committing the rapes against Marshall and Hoster.

People connected to the case

Defendants and attorneys

• Ronald Clinton Lott
• Robert Lee “Rob Dog” Miller Jr.

Trial participants named

• District Judge Virgil Black
• Assistant District Attorney Richard Wintory
• Defense attorney John Albert
• Assistant District Attorney Greg Mashburn
• Defense attorneys Craig Corgan, Wayna Tyner and Perry Hudson
• Oklahoma Pardon and Parole Board members (described in aggregate by vote)
• Attorney General Scott Pruitt
• Jerry Massie (Department of Corrections spokesman)

Officials and experts

• Dr. Larry Balding (deputy state medical examiner)
• Oklahoma City police chemist Joyce Gilchrist (fired)
• Dr. Jeanne Russell (psychologist; risk assessment and social history described)
• Trial judge named in legal appeal analysis: Judge Owens (referred to in speedy trial analysis)
• Jim Fowler (son of Anna Fowler; mitigation-related statement described)
• Mary Elizabeth Templin (daughter of Fowler; victim impact witness)
• Harold Fowler (son of Fowler; victim impact witness)
• Cynthia Houston (Fowler’s oldest granddaughter; victim impact witness)
• Charles Harris (Oklahoma Correctional Industries tag supervisor witness)
• Jason Ledford and Terry Williams (Oklahoma County Jail detention officers witnesses)
• Harriet Tingle (Lott’s niece; mitigation witness)
• Robert Thompson (former Oklahoma City police officer; described as chief investigator for the public defender’s office during testimony)
• Gerald McKenna (inspector with Oklahoma City Police Department’s sex crimes unit; sex crimes methodology opinion)
• David Shupe (referenced in prosecutor’s closing argument quote about Robert Miller interview)

Timeline

• January 30, 1996 — Charges were dismissed at the request of the State after an amended information charging Lott and Miller.
• March 19, 1997 — The State reinstated the case by filing a third amended information against Lott and Miller.
• March 20, 1998 — The State filed a bill of particulars asserting that Lott “should be punished by death ․ due to and as a result of” three aggravating circumstances.
• November 13, 2000 — The State filed a fourth amended information.
• October 29, 2001 — The case proceeded to trial; a mistrial occurred mid-trial.
• December 3, 2001 — The trial was rescheduled for a new date; the December 2001 trial proceeded as scheduled.
• December 2001 — Oklahoma jury convicted Lott of two counts of first-degree murder.
• January 18, 2002 — The state trial court formally sentenced Lott to death for each of the two murder convictions; judgment entered the same day.
• September 9, 2004 — The OCCA issued a published opinion affirming Lott’s convictions and death sentences.
• March 28, 2005 — Lott’s petition for certiorari to the United States Supreme Court was denied.
• August 4, 2005 — Lott initiated federal habeas proceedings by filing a petition for writ of habeas corpus.
• February 17, 2006 — Appointed counsel filed a petition asserting twenty-two grounds for relief.
• March 31, 2011 — The federal district court denied Lott’s petition and granted a certificate of appealability with respect to seven grounds.
• April 7, 2011 — Lott filed a notice of appeal.
• January 14, 2013 — The Tenth Circuit affirmed denial of federal habeas relief.
• December 10, 2013 — Lott was executed by lethal injection in Oklahoma.

Trial

Charges and aggravating circumstances

In March 1995 an amended information jointly charged Lott and Miller with:

• two counts of first-degree malice aforethought murder (Count 1 Fowler; Count 2 Cutler) and, in the alternative,
• two counts of first-degree felony murder.

The charges described in federal appeal also included that a third amended information reinstated the case around March 19, 1997.

The bill of particulars filed March 20, 1998 alleged aggravating circumstances including:

1. the murders were “especially heinous, atrocious, or cruel”;
2. the murders were “committed for the purpose of avoiding or preventing a lawful arrest or prosecution”; and
3. “[t]he existence of a probability that [Lott] would commit criminal acts of violence that would constitute a continuing threat to society.”

Mistrial and rescheduling

During the trial, the State requested a continuance when the medical examiner revealed evidence in his possession that had never been tested. The State requested the continuance so LabCorp could test newly discovered evidence. The defense requested a mistrial. The State agreed to the mistrial on conditions including stipulation to continuance and stipulation to chain of custody. The mistrial was granted and the trial rescheduled for December 3, 2001.

Verdicts and findings

At the conclusion of the first-stage evidence, the jury found Lott guilty of both murders.

At the conclusion of the second-stage proceedings, the jury found, with respect to each count of conviction, the existence of two of the three alleged aggravating circumstances:

• that the murders were “especially heinous, atrocious, or cruel”; and
• that the murders were committed for the purpose of avoiding or preventing a lawful arrest or prosecution.

The jury rejected the continuing-threat aggravator alleged by the prosecution.

The jury fixed Lott’s punishment at death for each of the two counts.

Jury instructions and aiding and abetting framework

The federal appeal described fourth amended felony murder counts alleging that Lott was “aided and abetted by ․ Miller.”

At the conclusion of the first-stage evidence, the trial court instructed the jury regarding felony murder elements, including that the death occurred in the commission of a forcible rape and a First Degree Burglary and that it was caused by the defendant or any person engaged with the defendant while in the commission of the forcible rape and a First Degree Burglary.

The trial court also instructed the jury that all persons concerned in the commission of a crime are principals and equally guilty, and described aiding and abetting concepts, including:

• “Merely standing by, even if standing by with knowledge concerning the commission of a crime, does not make a person a principal to a crime.”
• “Mere presence at the scene of a crime, or acquiescence in its commission, without participation, does not make a person a principal to a crime.”
• “One who does not actively commit the offense, but who aids, promotes, or encourages its commission, either by act or counsel or both, is not deemed to be a principal to the crime unless he did what he did knowingly and with criminal intent.”

Lott did not object to these instructions.

Trial testimony and evidence described

Swabs and DNA sources were described in the federal appeal as including:

• vaginal swab taken from Fowler containing DNA from Fowler’s own vaginal cells and DNA from a sperm donor; the sperm donor matched Lott’s DNA profile and the probability of random selection was approximately 1 in 15.7 quadrillion in the African–American population;
• sperm samples taken from Cutler matching Lott’s DNA profile, with Miller excluded as the source of the sperm.

In the federal appeal, the first-stage and second-stage included testimony and argument about Miller’s involvement, and about whether the murders were committed to avoid arrest or prosecution.

Sentencing

Sentence imposed

On January 18, 2002, the state trial court formally sentenced Lott to death for each of the two murder convictions, and judgment was entered that same day.

Pardon and Parole Board clemency

In November 2013, the Oklahoma Pardon and Parole Board voted 4-1 to deny commuting Lott’s death sentence to life in prison.

At the clemency hearing, Lott apologized to the victims’ families and asked for forgiveness. Lott told board members, victims’ family members and others during a teleconference from the Oklahoma State Penitentiary at McAlester:

“I'm so sorry for what I've done. And I'd ask them to forgive me,” Lott told board members, victims' family members and others during a teleconference from the Oklahoma State Penitentiary at McAlester. “I caused them so much hurt and pain.”

Lott initially told members of the Pardon and Parole Board that he wanted to waive his clemency hearing, but made a statement after his attorney pleaded with him to do so. He refused to ask the board to spare his life despite his attorney’s pleas.

Jim Fowler, the son of Anna Fowler, urged the board to spare Lott’s life “and let him rot in that damn cell.”

Lott’s last meal was fish, fries and hush puppies with tartar sauce and ketchup from Long John Silver’s.

Appeals

Direct appeal and state post-conviction

Lott filed a direct appeal asserting seventeen propositions of error. On September 9, 2004, the OCCA issued a published opinion affirming Lott’s convictions and death sentences.

Lott filed a petition for writ of certiorari with the United States Supreme Court, but it was denied on March 28, 2005.

Lott filed an application for post-conviction relief and related requests on August 9, 2004. On November 22, 2004, the OCCA denied the application for post-conviction relief and denied a motion for an evidentiary hearing and discovery.

Federal habeas proceedings and certificate of appealability

Lott initiated federal habeas proceedings on August 4, 2005, filing a petition for writ of habeas corpus and motions for counsel and to proceed in forma pauperis.

On March 31, 2011, the district court denied the petition and issued a certificate of appealability with respect to seven grounds.

After further briefing, the Tenth Circuit described multiple grounds, including:

• speedy trial claim;
• erroneous aiding and abetting instruction;
• admission of other-crimes evidence;
• prosecutorial misconduct involving hearsay statements of Robert Miller;
• trial counsel’s failure to investigate and present mitigating evidence;
• admission of improper victim impact evidence (from Cynthia Houston);
• sufficiency of evidence regarding the “avoid arrest or prosecution” aggravator;
• cumulative error.

On January 14, 2013, the Tenth Circuit affirmed the district court’s denial of federal habeas relief, stating that it affirmed “the district court's denial of federal habeas relief.”

Outcome

Execution

Ronald Clinton Lott was executed by lethal injection in Oklahoma.

In the news reporting, Lott was pronounced dead at 6:06 p.m. after receiving a lethal injection at the Oklahoma State Penitentiary in McAlester.

He made no final statement. He looked over at his brother as the process began.

After pronouncement of death, corrections workers tried to close curtains, but one would not despite repeated attempts, and a white sheet was hung over the window.

Lott was described as the fifth Oklahoma death row inmate to be executed in that year, and as the 37th person executed in the United States that year.

A planned protest at the Governor's Mansion over the execution was cancelled due to inclement weather.

Other details

Persons and ages mentioned in relation to victims and Lott

• Lott was described as 53 in the execution reporting.
• Anna Laura Fowler was described as 83.
• Zelma Cutler was described as 93 in the execution reporting (and as 90 in one Reuters passage).
• In the trial reporting, Lott was described as 41 during the 1980s murder cases testimony.

Other described procedural and evidentiary points

• The trial court appointed the Oklahoma Indigent Defense System (OIDS) to represent Lott.
• Bond had been denied since the Fowler and Cutler charges were filed March 19, 1997.
• A DNA-linked identification was described as implicating Lott while he was incarcerated for raping two other elderly women.
• Another man initially charged and convicted was sentenced to death, and during the appeals process DNA excluded him and implicated Lott; Miller was released in 1998 after serving nearly 11 years, including seven years on death row.