Robert Moormann

Case record: Robert Moormann

Background

Robert Henry Moormann was convicted in Arizona of the first degree murder of his elderly adoptive mother and sentenced to death in 1985. He was serving a sentence of nine years to life at the Arizona State Prison in Florence when he received a 72-hour compassionate furlough to visit with his mother. The two stayed at the Blue Mist Motel in Florence.

The offence

On January 13, 1984, Moormann bound and gagged his mother and then strangled and stabbed her. Moormann chopped the body into many parts and disposed of the parts in dumpsters throughout Florence.

Moormann made statements to police indicating an argument and that he hit his mother during the argument. He said he lost his cool, tied her up, and suffocated her. He also said he dissected her afterward and described using knives and plastic bags to dispose of her remains.

Investigation

Local police became involved after Moormann’s behavior raised suspicion. Two Florence police officers went to the Blue Mist at around ten-thirty, where they knocked on Moormann’s door and explained that they had heard his mother was ill and they wanted to check on her welfare. Officers looked in the motel’s dumpsters but did not see anything suspicious.

After officers were told about a box left by Moormann’s lieutenant contact, a box containing what looked like human bones and tissue was found and sent for hospital analysis. Later, two officers informed others that the bones in the box were human. Moormann was then arrested on suspicion of murder.

Arrest

At two-forty-five a.m., the officers asked Moormann to get out of the car and hand-cuffed him, and told him he was under arrest on suspicion of murder. As he was getting back into the car, Moormann said: “I wonder if I need a lawyer. I'll leave it up to you guys whether I need a lawyer.”

Moormann then stated that he wanted to confess. After being told to wait, he said: “You can change the charge, she's dead.”

The officers took Moormann to the police station where he was read his Miranda warning and confessed to killing his mother and dismembering her body.

Timeline

• Thursday, January 12, 1984 — Roberta, age 74, traveled by bus to visit Moormann during a 72-hour furlough; they checked into the Blue Mist Motel in Florence.
• Friday, January 13, 1984 — Moormann bound and gagged, strangled, and stabbed his mother; he later chopped the body into many parts and disposed of the parts in dumpsters.
• Friday, January 13, 1984, about seven a.m. — Moormann called Marianne Southworth and said that when she came to the motel that afternoon, he would like her to take him to Mesa so he could see a lawyer.
• Friday, January 13, 1984, sometime between six and seven-thirty a.m. — Moormann purchased a buck knife, a steak knife, and some food at a store.
• Friday, January 13, 1984, shortly after eight a.m. — Moormann bought a soda at a local pizza parlor owned by a former prison guard.
• Friday, January 13, 1984, about nine a.m. — Moormann asked the Blue Mist front desk owner to hold both maid service and phone calls because his mother was ill.
• Friday, January 13, 1984, around ten-thirty p.m. — Florence police officers went to the Blue Mist to check on Moormann’s mother’s welfare.
• Friday, January 13, 1984, around one-thirty a.m. (Saturday the 14th) — Officers received information about Moormann acting suspiciously and asked to throw out spoiled meat; the lieutenant told police about a box he had picked up.
• Saturday the 14th, at 12:20 a.m. — Moormann called the lieutenant in charge of his prison unit and asked for help.
• Saturday the 14th, around two-forty-five a.m. — Officers determined the bones in the box were human and arrested Moormann on suspicion of murder.

Trial

Presiding and prosecution

Presiding Judge: Richard N. Roylston. Prosecutor: W. Allen Stooks.

Start of trial and verdict

Start of Trial: March 26, 1985. Verdict: April 4, 1985.

Verdict and insanity defense

After two hours of deliberation, the jury found Moormann guilty of first-degree murder, rejecting his insanity defense.

Evidence and testimony

Roberta was described as age 74. Numerous lay witnesses testified that Moormann was odd and switched conversational topics frequently. A woman with whom Moormann stayed while he was on parole testified that he would dress normally during the day, but wear only black at night; that he claimed to have ties to the mafia; and that although his mother supported him generously, he was unsuccessful in his business affairs.

His parole officer testified that Moormann failed to adjust to the outside world due to frequent fantasies interfering with daily activities, and that Moormann was unable to succeed in business because he was not intellectually capable of success. At the time Moormann’s parole was revoked, his parole officer recommended hospitalization rather than return to prison, and testified he was never sure whether Moormann was incompetent or whether he was a con man.

Moormann’s defense called one expert witness, Dr. Overbeck, a psychologist. Dr. Overbeck concluded that Moormann suffered from organic delusional syndrome, pedophilia, and schizoid personality disorder, and that he was unable to appreciate the nature and consequences of his actions when he killed his mother. Dr. Overbeck noted that a delusional diagnosis depended on whether the incestuous relationship allegations were believed.

The state called three expert witnesses. Dr. Cleary, a court-appointed expert psychiatrist, diagnosed pedophilia and antisocial personality disorder and stated he did not believe Moormann was unable to understand and appreciate the nature of his actions. Dr. Cleary also stated that knowledge of Moormann’s bizarre writings and some statements on the day of the crime made him less certain of his conclusion.

Dr. Tuchler, a board-certified forensic psychiatrist, testified that Moormann did not suffer from organic delusional syndrome and that Moormann was a pedophile with anti-social personality disorder, but capable of understanding the nature of his actions. Dr. Tuchler also testified that he believed Roberta’s death was accidental. Dr. Buchsbaum, a board-certified neurologist, examined Moormann and found no evidence of an organic brain defect, but could not rule out the possibility.

Confession

The full text of the confession was included as an appendix to the opinion.

CAPT. HORRALL: Okay now, we'll begin (inaudible) ... I'll let you guys take case (inaudible) ... (inaudible ? noise). Okay Robert, you've already been advised of your Miranda rights, uh, however, I'm gonna' tape record, and since you feel the need to discuss this, apparently since you've made several statements, you can go ahead and, if you want to, just ? you can tell us anything you'd like at this time. Officer Thuesen needs to read you your rights first. Okay, Don? OFFICER THUESEN: Okay. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you for any questions if you wish. If you decide at any time to exercise these rights and not answer any questions or make any statements. Okay, Robert, do you understand each of these rights as explained to you? ROBERT MOORMANN: Yes, I do. OFFICER THUESEN: Okay, having these rights in mind, do you wish to talk to us? OFFICER THUESEN: Okay, having these rights in mind, do you wish to talk to us? ROBERT MOORMANN: Yes, I do. OFFICER THUESEN: Okay, uh, time is now 0318 on, uh, Saturday, January 14th, 1984. CAPT. HORRALL: Okay, Robert, would you ? present during this interview will be, uh, Officer Don Thuesen, Captain T.J. Horrall and Robert Moormann. ROBERT MOORMANN: Robert Henry Moormann. CAPT. HORRALL: Robert Henry Moormann. Would you like to tell us what happened today? ROBERT MOORMANN: Well, my mom and I had a ? we had a argument, and during it I hit her a few times, and then it got worse and I ? I lost my cool and ? and I tied her up, and she kept on me, talkin' about things that, uh, pertained to my real family and, I don't remember the exact time, and I suffocated her. Then I took the 409 and went into the wash room. I panicked, at which time I dissected her. CAPT. HORRALL: Where did you do that at? ROBERT MOORMANN: In the sh-shower and tub. OFFICER THUESEN: Was that this morning, Robert? ROBERT MOORMANN: Yes, sir. OFFICER THUESEN: Now you told me earlier when we were trying to find her that, uh, you know, while ? while she was missing that, uh, you got up about 6:30 or 7:00 o'clock; is that about the time you got up? ROBERT MOORMANN: I never went to bed. OFFICER THUESEN: You never went to bed last night? ROBERT MOORMANN: (No answer) OFFICER THUESEN: That would have been on the, uh, night of the 13th? ROBERT MOORMANN: Yes, sir. Night of the 12th. OFFICER THUESEN: Night of the 12th? ROBERT MOORMANN: Yes, sir. OFFICER THUESEN: Friday night or Thursday night? ROBERT MOORMANN: Thursday. OFFICER THUESEN: Thursday night. That would have been the night of the 12th. Uh, did your mother stay up all night, too? ROBERT MOORMANN: Yes, sir. OFFICER THUESEN: Okay, uh, was it sunup yet? Do you know, uh, Robert? ROBERT MOORMANN: I ? I didn't get to check. OFFICER THUESEN: Didn't pay any attention. Did you, uh, what ? what did you use to suffocate her? ROBERT MOORMANN: A pillow. OFFICER THUESEN: Okay. Was that, uh ? was she in the bed, Robert? ROBERT MOORMANN: The bed closest to the bathroom. OFFICER THUESEN: On the bed closest to the bathroom. Okay. And then you, uh, you held a pillow over her face? ROBERT MOORMANN: Yeah, and kept it until she was dead. OFFICER THUESEN: You had ? you had tied her up before then? ROBERT MOORMANN: Yes. OFFICER THUESEN: What did you tie her up with, Robert? ROBERT MOORMANN: I tore a towel up. OFFICER THUESEN: Tore a towel up? What did you ? what did you do with the towel after? ROBERT MOORMANN: I threw it away this morning. CAPTAIN HORRALL: You threw that away this morning? Do you know where you threw it? ROBERT MOORMANN: Yes. It's probably in one of those bins where the maids put the stuff. OFFICER THUESEN: Okay. Did you, you throw it in the trash in the, uh, room there? ROBERT MOORMANN: I ? I gave it to the maid in ? it was in a plastic bag I gave the maid this morning. OFFICER THUESEN: You gave the maid a plastic bag this morning? ROBERT MOORMANN: Yeah, when I to ? when I to ? when I told em that my mom was sick and didn't want to be disturbed, and they didn't ? instead of, instead of going inside, they had me hand em the stuff. OFFICER THUESEN: Okay, was there anything else in the bag that you handed the maid? ROBERT MOORMANN: A razor blade that I used to cut'er with. I had torn one of the razors I had apart. OFFICER THUESEN: Uh, the ? there was just, uh, there was just trash and some, uh ? was there bloody material or anything in the bag? ROBERT MOORMANN: No. OFFICER THUESEN: Just the parts of the towel and a piece of razor or one of the razors? ROBERT MOORMANN: There might be ? I can't remember if I put that one piece of towel that was kind of bloody in there or not. There might be. I can't remember. OFFICER THUESEN: Okay, uh ? CAPTAIN HORRALL: Okay, uh, Robert, after you suffocated her, uh, then what happened? ROBERT MOORMANN: I untied er and let er lay there for awhile. Then I knew I had to do something because I knew that Baker and Mrs. Southworth was gonna' be there. CAPTAIN HORRALL: Did she show up at one o'clock? ROBERT MOORMANN: Yes. CAPTAIN HORRALL: Okay. What did you do before she showed up? ROBERT MOORMANN: That's when I dissected my mom. CAPTAIN HORRALL: Okay. When did you, uh ? when you did that then what did you do ? how did you dispose of er? ROBERT MOORMANN: I went down and bought some plastic bags from, uh, the grocery store. CAPTAIN HORRALL: From U-Totem er ? ROBERT MOORMANN: Yes, and I used the knife you have, so on. And if you look in the fan, the one that's against the far wall, there's some ? there's some little holes on ? on top. CAPTAIN HORRALL: Uh-huh. ROBERT MOORMANN: You'll find the steak knife that I used to cut the bones. CAPTAIN HORRALL: Okay. OFFICER THUESEN: Do you know ? do you recall how many bags, uh, you had to use, Robert? ROBERT MOORMANN: No. OFFICER THUESEN: Okay. ROBERT MOORMANN: But I know that on some of the parts I doubled. OFFICER THUESEN: You doubled the bags or, uh, you used two bags on some parts? ROBERT MOORMANN: But then I decided at first I'd just cut er, just ? and put the ? put the arms and legs into bags and then later on I decided ? I knew if I could ? it would be easier to dispose of er; then I dissected her completely. That's when I panicked and that's the reason I wanted to talk to the Major. There's something I'll tell him. OFFICER THUESEN: Okay. ROBERT MOORMANN: But I would ? OFFICER THUESEN: Go ahead. ROBERT MOORMANN: I would like to have ? you two can be there. I ? this part I'd like to have off this record. OFFICER THUESEN: Okay. OFFICER HORRALL: Okay. (Off the record discussion) OFFICER HORRALL: Did you flush anything down the toilet? ROBERT MOORMANN: Yes. CAPTAIN HORRALL: What did you flush down the toilet? ROBERT MOORMANN: Nine fingers. CAPTAIN HORRALL: Fingers? ROBERT MOORMANN: Yes. CAPTAIN HORRALL: Okay. Is that all? ROBERT MOORMANN: Yes, sir. OFFICER THUESEN: Robert, you said nine fingers? ROBERT MOORMANN: The tenth one I did this afternoon. OFFICER THUESEN: Now, you say you did this afternoon. What do you mean by that? ROBERT MOORMANN: I was, uh, when I was cuttin' em off I lost one of em. OFFICER THUESEN: I see. ROBERT MOORMANN: And this afternoon I found that. CAPTAIN HORRALL: Did you flush it also? ROBERT MOORMANN: Yes. CAPTAIN HORRALL: Okay. OFFICER THUESEN: Do you ? do you recall how many trips, uh, you made to, uh, any of the, uh, trash areas with bags? ROBERT MOORMANN: Not that I remember. Uh, about four. OFFICER THUESEN: About four. ROBERT MOORMANN: Cause I didn't want people to know what I was doing. OFFICER THUESEN: I see. CAPTAIN HORRALL: After ? wha ? what clothes ? where are the clothes that you had on when you did this? ROBERT MOORMANN: Nothin'. CAPTAIN HORRALL: No clothing? ROBERT MOORMANN: Nothin'. CAPTAIN HORRALL: You didn't have any clothes on when you did this? ROBERT MOORMANN: No. CAPTAIN HORRALL: Did you want to talk to the Major now? ROBERT MOORMANN: Whenever he wants to, yeah. CAPTAIN HORRALL: Okay. This concludes the interview. It is 0236 a.m.

Sentencing

Sentencing hearing

Sentencing: May 7, 1985.

Aggravating and mitigating factors

Aggravating circumstances:

• Prior conviction punishable by life imprisonment
• Pecuniary gain
• Especially heinous/cruel/depraved

Mitigating circumstances:

• None sufficient to call for leniency

The trial judge received a pre-sentencing report and held a sentencing hearing. Moormann’s counsel argued that Moormann’s inability to fully understand his actions and record of good conduct in prison weighed in favor of a life sentence.

The trial judge found three statutory aggravating factors (prior life sentence, pecuniary motive, and cruel, heinous, or depraved murder) and one mitigating factor (diminished ability to understand actions) and sentenced Moormann to death.

Appeals

State direct appeal and state post-conviction proceedings

After an unsuccessful direct appeal to the Arizona Supreme Court and two unsuccessful state post-conviction relief petitions, Moormann filed this federal habeas corpus petition.

Federal habeas and Ninth Circuit decision

The case reached the United States Court of Appeals for the Ninth Circuit. It involved Robert Henry Moormann as petitioner-appellant and Dora B. Schriro as Director, Arizona Department of Corrections, as respondent-appellee. The Ninth Circuit panel included SCHROEDER, Chief Judge, TROTT, and RAWLINSON, Circuit Judges.

The Ninth Circuit discussed procedural issues under AEDPA and Ring, and concluded that it could not grant habeas relief on certain merits claims while addressing cause for certain procedurally defaulted claims. The Ninth Circuit:

• affirmed the district court’s dismissal on the merits of most claims,
• affirmed dismissal of some claims due to procedural irregularities,
• vacated the district court’s judgment and remanded for further proceedings on certain claims where sufficient cause was shown.

The Ninth Circuit ended with: “AFFIRMED IN PART, VACATED IN PART, and REMANDED.”

Outcome

Moormann was executed by lethal injection in Arizona on February 29, 2012, after being sentenced to death on May 7, 1985.

Other details

Victim and places named

The victim was Roberta, age 74, Moormann’s elderly adoptive mother. The Blue Mist Motel in Florence was where the killing occurred and where police later searched the room. Florence police searched the motel room and used findings to support the investigation. The police found evidence in trash dumpsters at and near the motel.

Items found during searches

In Moormann’s hotel room, police found bedding stained with Roberta’s blood; towels, a washcloth, and a cooking pot stained with blood; bloodstains on bathroom walls and floor; a scouring pad with bloodstains and human tissue; and a buck knife and steak knife. Police also found Roberta’s brassiere hanging in the closet with five hundred dollars in cash safety-pinned to it.

In trash dumpsters at and near the motel, police found trash bags containing Roberta’s thorax, head, pelvic area, feet and hands, and muscle and skin cut from her limbs, as well as torn strips of towel, a razor, the package in which the steak knife was sold, and some pajamas. The police found a finger in the sewer.

A search of Moormann’s living quarters in the prison revealed a notebook of bizarre writings including instructions to train a dog to make bank deposits, a document entitled “last will and testament” that purported to transfer Roberta’s estate to Moormann in exchange for shares in his business, and a letter purporting to be from Roberta explaining why she was making the transfer.

Roberta’s actual will left her entire estate to Moormann, but stated her belief that he was not competent to handle his own affairs and placed the money in trust for his benefit. The executor of Roberta’s estate testified that Roberta was planning to move to Oklahoma to be with her remaining relatives in April 1984.

Medical examiner testimony

The medical examiner testified that Roberta died of asphyxiation as a result of something being held on her face and blocking her air supply. The medical examiner testified that between twelve hours and one half-hour prior to her death she sustained bruises from moderate force from a fist or blunt object on her left upper arm, both breasts, and on her lower back.

He testified that between two hours and one half-hour before her death Roberta was cut by a knife or other sharp, pointed object once on her right breast and five times on her right buttock. He found no defensive wounds on Roberta’s hands and found no marks indicating that her wrists or ankles were bound, but her hands had been cut from her wrists and her feet from her ankles such that any marks may have been impossible to find. He found bruises in and around Roberta’s mouth consistent with being gagged.

The medical examiner noted the dismemberment was very meticulous, particularly the cutting off of the hands at the wrist, the feet at the ankles, and then the fingers at the knuckles, and estimated the process would probably have taken two hours. He found no evidence of sexual activity and tests on sheets and bedspread showed no evidence of semen. He could determine Roberta was alive when bruised and cut, but could not tell whether she was conscious, and noted cuts would have been painful if she was conscious.

Statements and witnesses named

Marianne Southworth was Roberta’s friend who had brought her to the prison from the bus depot and later arrived with Roberta’s suitcase. Moormann called Marianne at her home at around four p.m. and also told police details during the investigation and confession. The motel owner and the owner’s wife gave testimony about Moormann’s requests and appearance. A corrections officer and a lieutenant in charge of Moormann’s prison unit were involved in the interaction leading to the discovery of the box.

Published opinions and case listings

State v. Moorman, 154 Ariz. 578, 744 P.2d 679 (1987). The federal citation included 426 F.3d 1044. The Ninth Circuit opinion included references to AEDPA, Ring v. Arizona, and Schriro v. Summerlin in its discussion of procedural framework.

Procedural posture in the Ninth Circuit

The Ninth Circuit described three categories of claims: claims rejected on the merits, claims dismissed due to procedural irregularities, and claims where cause was sufficient to excuse procedural irregularities. It affirmed the district court on the merits of some claims, affirmed dismissal of others, and vacated and remanded on a limited number of claims where cause was shown.

Claims addressed

The Ninth Circuit addressed Fourth Amendment warrant issues, aggravating factors application related to pecuniary gain and cruelty/heinousness/depravity, ineffective assistance of counsel on direct appeal for failing to argue proportionality, and failure to consider mitigating evidence. It also discussed procedurally barred ineffective assistance of trial and sentencing counsel claims and the categories of ineffective-assistance-of-counsel claims that were remanded for further proceedings due to cause and potential prejudice.