Kevin Malone

Case record: Kelvin Shelby Malone

Background

Kelvin Shelby Malone was a White man with the sex listed as male. His alias was listed as none. A date received was listed as 06/22/1983, and his date of birth was listed as 06/22/1961.

Kelvin Malone was sentenced in St. Louis County to the Missouri Department of Corrections for seven years on the charge of Robbery First Degree. He later escaped from a Monterey County, Calif. jail where he was held on a robbery charge.

Malone was paroled from a Missouri prison on a robbery sentence.

The case record included references to additional murders in California that had resulted in sentences of death and life in prison before Missouri charged him with the murder of William Parr.

The offence

On March 18, 1981, Malone kidnapped, robbed and sexually assaulted the victim before killing her with blows from a pipe.

The Missouri murder charge concerned the 1981 shooting death of a St. Louis taxi driver, William Parr. The record stated that on March 18, Malone arrived in St. Louis, Missouri from Los Angeles, California at the downtown Greyhound Bus station.

The record stated that Malone had a .25 caliber Raven automatic pistol and a Galesi .25 caliber pistol in his suitcase.

A taxi driver, William Parr, received a call to pick up a package at the First National Bank in downtown St. Louis. The record stated that Parr never arrived at his destination in St. Louis County.

In the early morning hours of March 18, 1981, the body of William Parr was found at Entrance Park in Berkeley laying face down. The record stated that Parr was transported to the hospital where he was pronounced dead of a gunshot wound to the head. The record also described Parr as 62 years old.

The record also stated that there was evidence Malone had arrived in St. Louis from California on the evening of March 17 with a suitcase and two .25 caliber pistols.

The record stated that after they departed from the Berkeley residence where Emmanuel Bego lived with Michael Crenshaw, Bego found a Greyhound Bus ticket at the Crenshaw house later identified as one from Los Angeles to St. Louis dated March 15, 1981.

The record stated that after Parr was killed, police discovered an abandoned Yellow Cab in Berkeley a short distance from the home of Michael Crenshaw, and that a local resident reported seeing a Yellow Cab turn onto Avila at around 1:20 a.m. on March 18.

The record stated that Parr had been shot and was lying face down with blood coming from his nose and right ear, and that he was pronounced dead at Christian Northeast Hospital.

The record stated that California police later found Malone and Michael Crenshaw asleep in Crenshaw’s car in San Jose on March 24, and that the men refused to provide identification and then attempted to get away from the officers, leading to a high speed chase.

The record included an additional set of California conduct: two days after Parr’s murder, the record stated that Malone kidnapped Myrtle Benham from her workplace in the California desert community of Baker, robbed the cash register, stole her rings and beat her to death. The record stated that California police found Malone and Crenshaw asleep in Crenshaw’s car in San Jose on March 24 and apprehended them after a high speed chase.

The record also referenced a prior California murder case in which Malone was sentenced to death for Benham’s murder and to life in prison for murdering a woman from Texas whose body was found in the desert in Blythe, California four days after Myrtle’s murder. The record stated that tried first in California, Malone was sentenced to death for Benham’s murder and to life in prison for murdering a woman from Texas whose body was found in the desert in Blythe, CA four days after Myrtle’s murder.

The record additionally stated that after killing Parr, police said Malone and a friend, Michael Crenshaw, drove to Kansas City, and authorities believed they kidnapped a businessman who was attending a convention, but the man’s body was never found.

Investigation

The record stated that around 1:00 a.m. Daniel Ward, an employee of the First National Bank, testified that he observed a man with a suitcase sitting in the back seat of Mr. Parr’s cab.

The record stated that police later discovered an abandoned Yellow Cab in Berkeley a short distance from the home of Michael Crenshaw.

The record stated that Ballistics experts in California fired three test shots from the Galesi and mailed the projectiles to the Berkeley Police Department. It stated that the projectiles and a bullet taken from the murder victim William Parr were identified by a Federal Bureau of Investigations firearm expert as being fired from the same Galesi .25 caliber pistol.

The record also stated that initial comparisons with the naked eye by St. Louis police were inconclusive, but an FBI ballistics examiner using a comparison microscope determined that all four bullets came from one of the guns Malone had carried when he arrived in St. Louis and which were found in the car at his arrest.

Arrest

On March 24, 1981, officers of the San Jose, California Police Department found Kelvin Malone and Michael Crenshaw asleep in a mercury Capri. The record stated that the two refused to provide identification and then attempted to get away from the officers.

The record stated that a high speed chase followed and the pair was apprehended.

Recovered was a .25 caliber Raven pistol and a .25 caliber Galesi pistol and small suitcase.

The record stated that the men drove off instead and were apprehended after a high speed chase. The officers found a small suitcase and two loaded .25 caliber pistols in the car.

Trial

Missouri proceedings

The record stated that in 1983, Malone was charged with Capital Murder in St. Louis County Circuit Court for the killing of Mr. Parr.

The record stated that Malone’s jury trial began in St. Louis County and that he was found guilty.

The record stated that the jury recommended the death penalty and that Malone was sentenced to death for Mr. Parr’s murder.

The record stated that Malone was convicted on March 30 and that on the next day the jury returned a verdict of death.

The record stated that he chose not to appear at sentencing on April 26, 1984, when he was sentenced to death. The record stated that he was then returned to California where he remained incarcerated until his execution date was scheduled in Missouri.

The record stated that Counsel was appointed in the Parr case on November 28, 1983, and Malone directed him to move to trial as quickly as possible. It stated that counsel began to meet with Malone about a month before trial commenced on March 26, 1984, and began detailed trial preparation two weeks before trial.

The record stated that Malone presented no evidence during the guilt phase of his trial and that during the penalty phase his only evidence included expert testimony by Professor James Gilsinan that the death penalty is not an effective deterrent. It stated that he also offered the testimony of Father Francis Cleary related to historical justifications for the death penalty, but it was not received.

The record stated that Malone directed his attorney not to contact members of his family about mitigating evidence because he wanted to avoid causing them additional pain.

The record stated that Malone directed his attorney not to contact members of his family about mitigating evidence.

California proceedings

The record referenced California proceedings in which Malone was sentenced to death for Benham’s murder and to life in prison for murdering a woman from Texas whose body was found in the desert in Blythe, CA four days after Myrtle’s murder.

The record stated that Malone was convicted and sentenced to death in California for two murders that took place in that state just a few days after Parr was killed in Missouri.

The record also referenced that Crenshaw received two life sentences in California for the murders of the 2 women.

Sentencing

The record stated that on 01/24, Malone was sentenced in St.

The record stated that on 4/26, Malone was sentenced to death for Mr. Parr’s murder.

The record also described Malone’s execution in Missouri.

Appeals

Direct appeal and state post-conviction

The record stated that in 1985, the Missouri State Supreme Court affirmed Malone’s conviction and sentence. It cited State v. Malone, 694 S.W.2d 723 (Mo. 1985) (en banc).

The record stated that on 1990 10/16, the Missouri Supreme court affirmed the denial of Malone’s post-conviction motion.

The record stated that Malone’s direct appeal of his Missouri conviction was unsuccessful, and cited State v. Malone, 694 S.W.2d 723 (Mo. 1985) (en banc).

The record stated that Malone sought state postconviction relief under Missouri Criminal Procedure Rule 27.26 and cited Malone v. State, 747 S.W.2d 695 (Mo.Ct. App. 1988).

The record stated that the original petition was dismissed without prejudice because he was not in Missouri custody at the time it was filed and Rule 27.26 had a custody requirement.

The record stated that he later refiled his petition under Rule 29.15 after it replaced the earlier rule.

The record stated that the new rule did not require Missouri custody, and the trial court rejected the petition on the merits.

The record stated that Malone appealed to the Missouri Supreme Court, which remanded for factual findings on whether Malone had complied with the Rule 29.15 requirement that a petitioner verify that the filing contained all his claims and that he understood they were otherwise waived.

The record stated that the court found that Malone had not verified his petition and therefore dismissed it for lack of jurisdiction, citing Malone v. State, 798 S.W.2d 149 (Mo. 1990) (en banc).

The record stated that the Missouri Supreme Court affirmed, and later dismissed as moot Malone’s petition to recall the mandate and reinstate his appeal.

Federal habeas and federal appellate proceedings

The record stated that on 1991 5/24, Malone filed a petition for writ of habeas corpus in the U.S. District Court for the Eastern District of Missouri, and that the District court granted a stay of execution.

The record stated that on 1995 12/4, the district court denied Malone’s federal habeas petition.

The record stated that on 1998 2/26, the Eighth Circuit Court of Appeals affirmed the District Court’s denial of Malone’s federal habeas petition.

The record stated that on 5/11/1998, the Eighth Circuit Court of Appeals denied Malone’s petition for a rehearing.

The record stated that on 5/20/1998, the Eighth Circuit Court of Appeals issued its mandate.

The record stated that on 10/19/1998, the U.S. Supreme Court denied Malone’s petition for writ of certiorari.

The record listed the Eighth Circuit docket details:

• United States Court of Appeals for the eighth circuit
• No. 96-1613
• Kelvin Malone, Plaintiff-Appellant, v. Daniel Vasquez, Warden, San Quentin State Prison; Jeremiah W. (Jay) Nixon, Missouri Attorney General, Defendants-Appellees.
• Submitted: May 19, 1997
• Filed: February 26, 1998
• Appeal from the United States District Court for the Eastern District of Missouri

The record stated that the court affirmed the district court’s denial of habeas corpus.

The record included extensive discussion of procedural bars related to verification under Missouri Criminal Procedure Rule 29.15 and the claims raised in Malone’s habeas petition.

The record also included a dissent arguing that the all-white jury convicted Malone in violation of Batson and that Malone was denied effective assistance of counsel at the penalty phase. The dissent stated that these constitutional errors would warrant issuance of a writ of habeas corpus ordering the state court to vacate Malone’s sentence and conviction, and that the dissent would remand.

Outcome

Malone was executed in Missouri by lethal injection after being extradited to Missouri to face charges in Parr’s death.

The record stated that Malone was extradited to the State of Missouri on Dec. 30, 1998. It stated that he was executed in Missouri on Jan. 13, 1999.

The record included that Malone was pronounced dead at 1:20 a.m. and that he did not have any last words.

The record stated that Malone was the first condemned prisoner to be put to death in Missouri that year, and the 33rd overall since the state resumed executions in 1989.

The record also included that Kelvin Malone was executed on January 13, 2002, which conflicted with the other execution year statements; the record contained both statements.

Aftermath / related notes

The record stated that Crenshaw received two life sentences in California for the murders of the 2 women.

The record stated that Malone’s attorneys, in appeals, argued that the California death sentence was a factor that helped convince the St. Louis County jury to condemn Malone.

The record stated that Malone did not have last words.

Other details

• The victim in Missouri was William Parr, described as a taxi driver and 62 years old.
• Evidence described in the record included the discovery of an abandoned Yellow Cab at 6105 Avila in Berkeley and police testimony about seeing Parr’s cab with the dome light on and a black man with a suitcase attempting to hail a cab.
• Witnesses named in the Missouri murder narrative included Richard Eder, Daniel Ward, William Parr (victim), Richard Elder (as Yellow Cab driver testimony), Emmanuel Bego, Michael Crenshaw, and Emanual Bego (spelled Emanual in one place).
• The record stated that Bego heard Crenshaw say "Kelvin" when he went to the door, but Bego did not see who was there.
• The record included the captioned murder decision: State v. Malone , 694 S.W.2d 723 (Mo. 1985) (en banc).
• The record included citations to Eighth Circuit opinion discussion including Batson v. Kentucky and related procedural rules.

Timeline

• 01/24 — Malone was sentenced in St.
• 03/17, 11:45 p.m. — Richard Elder testified that Parr was ordered to pick up a package at First National Bank for delivery.
• 03/18, around 12:40 a.m. — Malone arrived in St. Louis, Missouri from Los Angeles, California at the downtown Greyhound Bus station with pistols in his suitcase.
• 03/18, around 1:00 a.m. — Daniel Ward testified that he saw a cab parked out front with a black man sitting in the back seat.
• 03/18 — The body of William Parr was found at Entrance Park in Berkeley.
• 03/24 — Malone and Michael Crenshaw were found asleep in a mercury Capri in San Jose, refused identification, and were apprehended after a high speed chase; pistols and a suitcase were recovered.
• 06/22/1983 — Date received was listed as 06/22/1983.
• 07/01/1983 — Malone was charged with Capital Murder in St. Louis County Circuit Court for the killing of William Parr.
• 03/30/1984 — Malone was convicted.
• 03/31/1984 — The all-white jury recommended a sentence of death for the offense (described in the dissent).
• 04/26/1984 — Malone was sentenced to death.
• 08/07/1985 — The Missouri State Supreme Court affirmed Malone’s conviction and sentence.
• 10/16/1990 — The Missouri Supreme court affirmed the denial of Malone’s post-conviction motion.
• 05/24/1991 — Malone filed a petition for writ of habeas corpus in the U.S. District Court for the Eastern District of Missouri.
• 12/04/1995 — The district court denied Malone’s federal habeas petition.
• 02/26/1998 — The Eighth Circuit Court of Appeals affirmed the district court’s denial of Malone’s federal habeas petition.
• 05/11 — The Eighth Circuit Court of Appeals denied Malone’s petition for a rehearing.
• 05/20 — The Eighth Circuit Court of Appeals issued its mandate.
• 10/19 — The U.S.
• 10/28 — The Missouri Supreme Court set Malone’s execution for January 13, 1999.
• 12/30/1998 — Malone was extradited to the State of Missouri.
• 01/13/1999 — Malone was executed by lethal injection in Missouri.
• 01/13/2002 — The record also stated that Kelvin Malone was executed on January 13, 2002.