James Roane

Case overview

James Roane was sentenced to death in February 1993 after he was convicted in the Eastern District of Virginia of capital murders and related federal drug offenses arising out of drug-trafficking operations in and near Richmond.

Roane was one of three defendants convicted in February 1993 together with Cory Johnson and Richard Tipton. Each received at least one death sentence for his crimes, plus various terms of imprisonment. After direct appeals and later habeas corpus proceedings, the convictions and sentences relating to the murder of Douglas Moody were vacated on ineffective assistance of counsel grounds, and then were reinstated when the Fourth Circuit reversed the district court’s award of relief.

Timeline

• June 4, 1991 — Police confiscated a large quantity of crack cocaine and firearms, and the Trenton-based operation ended.
• January 4, 1992 — Tipton and Roane drove Douglas Talley to the south side of Richmond; Roane grabbed Talley and Tipton stabbed him repeatedly, inflicting eighty-four stab wounds that killed him.
• January 13, 1992 — Tipton and Roane went to the apartment of Douglas Moody; Tipton shot Moody twice in the back; after Moody fled by jumping through a window, both pursued, and Roane stabbed Moody eighteen times, killing him.
• January 14, 1992 — Roane, Cory Johnson, and a third person retrieved a bag of guns left at an apartment earlier that day; Roane located Peyton Johnson at a tavern; Cory Johnson entered and fatally shot Peyton Johnson with a semi-automatic weapon.
• January 29, 1992 — Roane approached Louis Johnson and shot him; Cory Johnson and co-conspirator Lance Thomas got out of Roane’s car and began firing; either Cory Johnson or Thomas shot Louis Johnson twice at close range; Louis Johnson died from gunshot wounds.
• February 1, 1992 — Cory Johnson and Lance Thomas joined Roane outside Torrick Brown’s apartment; after knocking and asking Brown’s half-sister Martha McCoy if Brown was there, Cory Johnson, Roane, and Thomas opened fire; Brown was killed and McCoy was critically wounded.
• February 19, 1992 — Cory Johnson borrowed Valerie Butler’s automobile and arranged to meet Linwood Chiles; Chiles, Curtis Thorne, and sisters Priscilla and Gwen Greene met Cory Johnson; Tipton drove in and came up alongside the station wagon; Cory Johnson told Chiles to place his head on the steering wheel and then shot Chiles twice; additional shots were fired, killing Thorne and critically wounding both Greene sisters.
• May 1, 2003 — The district court issued the “Roane Opinion,” making findings on Roane’s ineffective assistance of counsel claim regarding the Moody murder and vacating Roane’s convictions and sentences relating to the Moody murder.
• May 8, 1998 — The defendants sought leave to interview jurors; the request was denied.
• May 6, 2004 — The appeals were argued in the Fourth Circuit.
• August 9, 2004 — The Fourth Circuit issued its published opinion, affirming in part and reversing in part; it reversed the award of relief to Roane in No. 03-13.

Background

In February 1993, James Roane, Cory Johnson, and Richard Tipton were convicted in the Eastern District of Virginia for criminal activity including several capital murders that arose out of drug-trafficking operations in and near Richmond. Each defendant received at least one death sentence for his crimes, plus various terms of imprisonment.

The principal evidence described Tipton, Roane, and Cory Johnson as “partners” in a substantial drug-trafficking conspiracy that lasted from 1989 through July of 1992. The conspiracy’s operations began in Trenton, New Jersey, where Johnson and Tipton, both from New York City, became members. In August 1990 the conspiracy expanded to Richmond, Virginia, and Roane joined in November 1991. In late 1991 the conspiracy expanded from the Central Gardens area of Richmond to a second Richmond area called Newtowne.

During the conspiracy’s operation, its partners obtained wholesale quantities of powdered cocaine from suppliers in New York City, converted it by “cooking” it into crack cocaine, packaged it, divided it among themselves, and distributed it through a network of 30-40 street level dealers, “workers.” Typically, the partners took two-thirds of the proceeds realized from street-level sales.

Over a short span in early 1992, Tipton, Cory Johnson, and Roane were implicated in the murders of ten persons within the Richmond area. The killings were described as being in relation to their drug-trafficking operation and either because victims were suspected of treachery or misfeasance, because victims were competitors in the drug trade, or because victims had personally offended one of the “partners.”

The offence

Drug-trafficking conspiracy

The conspiracy lasted from 1989 through July of 1992 and involved obtaining powdered cocaine from New York City suppliers, converting it into crack cocaine by “cooking,” packaging and distributing it through 30-40 street level dealers (“workers”), and taking proceeds from street-level sales.

Capital murders attributed to Roane

Roane was implicated in killings connected to the conspiracy and was convicted of capital murders for three victims: Moody, Peyton Johnson, and Louis Johnson.

Murder of Douglas Moody (capital murder count)

On the evening of January 13, 1992, Tipton and Roane went to the apartment of Douglas Moody, a suspected rival in their drug-trafficking area. Tipton shot Moody twice in the back. After Moody fled by jumping through a window, both Tipton and Roane pursued. Roane, armed with a military-style knife retrieved from an apartment where the knife was kept for co-conspirator Curtis Thorne, caught up with Moody in the front yard and stabbed him eighteen times, killing him.

The district court later found witness testimony credible and corroborated by physical evidence including the autopsy and the crime scene video. The district court vacated Roane’s convictions and sentences relating to the murder of Douglas Moody on ineffective assistance of counsel grounds, and the Fourth Circuit later reversed that vacatur.

Murder of Peyton Johnson (capital murder count)

On the night of January 14, 1992, Roane, Cory Johnson, and a third person retrieved a bag of guns left at an apartment earlier that day. Roane then located Peyton Johnson at a tavern. Shortly after Roane left the tavern, Cory Johnson entered with another person and fatally shot Peyton Johnson with a semi-automatic weapon.

Murder of Louis Johnson (capital murder count)

On January 29, 1992, Roane pulled his car around the corner of an alley, got out, approached Louis Johnson, and shot him. Cory Johnson and co-conspirator Lance Thomas then got out of Roane’s car and began firing at Louis Johnson. Either Cory Johnson or Thomas shot Louis Johnson twice at close range. Louis Johnson died from some or all of the gunshot wounds.

Investigation

The operations described were disrupted when the Trenton-based operation ended on June 4, 1991 after police confiscated a large quantity of crack cocaine and firearms.

In the proceedings that followed, the district court later addressed evidence concerning Roane’s involvement in the Moody murder, including testimony from Denise Berkley, Sandra Reavis, Pepsi Greene (Priscilla Greene), Robert Davis, and Gina Taylor, and also discussed Roane’s alibi and counsel’s investigation.

Arrest

The record contained no specific arrest narrative for James Roane beyond the later litigation posture described in the appellate opinion and the habeas corpus proceedings.

Trial

Charges and counts

Tipton was charged under 21 U.S.C. § 848(e) and 18 U.S.C. § 2 with capital murder for eight killings (Talley, Moody, Louis Johnson, Long, Carter, Armstrong, Thorne, and Chiles). Cory Johnson was charged with seven killings (Louis Johnson, Long, Carter, Armstrong, Thorne, Chiles, and Peyton Johnson). Roane was charged with three killings (Moody, Louis Johnson, and Peyton Johnson).

Tipton was convicted of six of the eight § 848(e) capital murders with which he was charged, and one charge was dismissed and one resulted in acquittal. Cory Johnson was convicted of all seven § 848(e) capital murders with which he was charged. Roane was convicted of all three § 848(e) capital murders with which he was charged.

Verdicts and capital sentencing recommendations

Following a penalty hearing on the capital murder counts, the jury recommended:

• Cory Johnson be sentenced to death on all seven murders of which he was convicted.
• Tipton be sentenced to death for three of the six murders of which he was convicted (Talley, Chiles, and Thorne).
• Roane be sentenced to death for one of the three murders of which he was convicted (Moody).

Additional convictions for federal drug and racketeering-related counts

Roane was also convicted of:

• conspiracy to possess cocaine base with the intent to distribute (21 U.S.C. § 846),
• engaging in a continuing criminal enterprise (CCE) (21 U.S.C. § 848(a)),
• five counts of committing acts of violence (including the three killings charged under § 848(e)) in aid of racketeering activity (18 U.S.C. § 1959),
• four counts of using a firearm in relation to a crime of violence or a drug-trafficking offense (18 U.S.C. § 924(c)),
• one count of possessing cocaine base with the intent to distribute.

District court sentencing

The district court sentenced Johnson, Tipton, and Roane to death in accordance with the jury’s recommendations. The court also imposed various imprisonment sentences on each of the appellants for non-capital counts on which they were convicted and for capital murder counts on which Tipton and Roane had been convicted but were not given death sentences.

Sentencing

Roane received a death sentence in February 1993. The record also described federal death sentence implementation issues initially raised at the district court level involving execution means and delegated authority, and the district court initially stayed execution of death sentences until Congress authorized the means of execution.

Appeals

Direct appeals

After direct appeals, the Fourth Circuit had analyzed and disposed of approximately sixty issues in its 1996 opinion rejecting the defendants’ direct appeals, and affirmed convictions and sentences except for convictions for violating 21 U.S.C. § 846, which were vacated on double jeopardy grounds. On the Government’s cross-appeal, the Fourth Circuit vacated the stay of death sentences and remanded for executions to proceed pursuant to regulations promulgated by the Attorney General.

Jury-interview request

On May 8, 1998, the defendants sought leave to interview jurors pursuant to Local Rule 83.5; the request was denied in Johnson v. Pruett, No. 3:97CV895.

§ 2255 proceedings and district court relief

On June 1, 1998, the defendants sought relief under 28 U.S.C. § 2255 by filing motions to vacate, set aside, or correct their sentences. The Government sought summary judgment; except for two claims raised by Roane, the district court awarded summary judgment to the Government. After discovery and an evidentiary hearing on Roane’s remaining two claims, the district court granted relief on Roane’s Sixth Amendment ineffective assistance of counsel claim, vacating Roane’s convictions and sentences relating to the murder of Douglas Moody. The district court also rejected Roane’s claim of actual innocence of the Moody murder.

The district court issued certificates of appealability on November 26, 2003, as to all claims raised in the § 2255 motions.

Fourth Circuit consolidated appeals (Argued May 6, 2004; Decided August 9, 2004)

The appeals were consolidated. The Government appealed the district court’s award of relief to Roane on his Sixth Amendment ineffective assistance of counsel claim. Roane cross-appealed rulings in favor of the Government on certain of his other claims. Johnson and Tipton appealed the grant of summary judgment to the Government on certain claims.

The Fourth Circuit’s disposition included the following:

• The Fourth Circuit affirmed the district court’s rulings in Nos. 03-25, 03-26, and 03-27.
• The Fourth Circuit reversed the district court’s award of relief to Roane in No. 03-13.

Ineffective assistance of counsel on the Moody murder

The district court found ineffective assistance because it concluded counsel’s alibi investigation was constitutionally deficient under Strickland. The district court vacated Roane’s convictions and sentences on Counts Five, Six, and Seven relating to the Moody murder.

The Fourth Circuit reversed the vacatur. It held Roane’s trial counsel’s investigation into the Howard Johnson hotel records and alibi was constitutionally reasonable and thorough: counsel interviewed Carmella Cooley, contacted the Howard Johnson and requested records of Linwood Chiles from the only relevant night, went to the hotel and attempted to locate the records himself, and then focused on misidentification defense with Gina Taylor as lead witness.

The Fourth Circuit therefore reversed the vacatur of Roane’s convictions and sentences on Counts Five, Six, and Seven.

Outcome

The legal outcomes described included:

• Roane was originally sentenced to death in February 1993.
• In the § 2255 proceedings, the district court vacated Roane’s convictions and sentences relating to the murder of Douglas Moody on a Sixth Amendment ineffective assistance of counsel claim in May 2003 (Roane Opinion, May 1, 2003).
• The Fourth Circuit reversed that award of relief and reinstated Roane’s convictions and sentences on Counts Five, Six, and Seven in its decision dated August 9, 2004.

Other details

Federal appellate case details

The record included the Fourth Circuit case style and panel: United States of America, Plaintiff-appellant, v. James H. Roane, Jr.; and United States of America, Plaintiff-appellee, v. James H. Roane, Jr.; United States of America, Plaintiff-appellee, v. Cory Johnson; United States of America, Plaintiff-appellee, v. Richard Tipton. It identified the United States Court of Appeals, Fourth Circuit. It provided “Argued: May 6, 2004” and “Decided: August 9, 2004,” with “Before WILKINSON, KING, and DUNCAN, Circuit Judges” and a statement that the decision was “Affirmed in part and reversed in part by published opinion.”

Witness testimony about the Moody murder and alibi investigation

The district court’s Roane Opinion included findings about witness testimony and alibi evidence:

• Denise Berkley testified that on the night of the Moody murder she watched Roane stab Moody “18 or 19 times” while Moody pleaded for his life; she then saw Sandra Reavis, Roane, Curt Thorne, Linwood Chiles, and Priscilla “Pepsi” Greene leave the scene in Chiles’s station wagon; and that Roane took the knife used to stab Moody and gave it to Pepsi Greene, asking her to get rid of it.
• Pepsi Greene testified that she heard two or three shots and then saw Roane and Tipton exit the house from which the shots were fired; that Roane directed her to get him a knife; and that later that night Roane returned the knife, then covered with blood, and told her to get rid of it.
• Robert Davis testified that immediately following the Moody murder, he saw Tipton and Roane by the steps near his house and heard them stating, “Yeah, I got him, I got him ... we can’t stay out here, man. This is hot anyway.” The district court characterized this witness testimony as “credible and ... corroborated by the physical evidence of murder including the autopsy and the crime scene video,” and stated Greene’s testimony was “particularly compelling.”

The district court also discussed Gina Taylor’s testimony, including that at trial she testified Roane was not involved, and the district court found the value of Taylor’s evidence undermined by acknowledgments and cross-examination issues, including that she could not identify the assailant’s gender, did not see his face, and had “kind of” dated Tipton.

The district court’s findings about Roane’s alibi included:

• Roane advised his lawyer prior to trial that he did not participate in the murder of Moody and that on January 12, 1992, the night of the murder, he was in a Howard Johnson hotel room with codefendant Sandra Reavis.
• Roane advised that Reavis and he were driven to the hotel by Linwood Chiles, that Carmella Cooley accompanied them to the hotel, and that Chiles had registered and paid cash for the hotel room. The district court found Roane’s trial lawyer David Baugh was convinced Roane did not participate and found the hotel was a “couple of miles from where Douglas Moody was murdered.”

The district court found deficiencies in the pretrial investigation into alibi records, including that an investigator hired by Roane’s habeas corpus lawyer went to the Howard Johnson and looked through boxes of occupancy records for three hours; that the investigator found a card with the name “Chiles, Linwood” from the night of January 2, 1992 and a card with the name “Chiles, Larry” from the night of January 12, 1992; and that Baugh could have subpoenaed the records or searched more diligently. The district court also found it had been revealed that Roane was amenable to testifying but had been advised not to testify unless the alibi defense could be objectively corroborated.

The district court made additional findings about testimony presented at the habeas evidentiary hearing:

• Roane’s testimony was “tenable but not compelling.”
• Although Reavis confirmed Roane’s alibi, her testimony was “flat and unpersuasive.”
• Because Reavis would not waive her Fifth Amendment rights, Reavis would not have testified at trial.
• Demetrius Rowe testified Reavis told him she was going to a hotel with Roane at about 8:30 p.m. on the night of the Moody murder; Rowe saw Reavis and Roane leave the area not in Chiles’s station wagon but in a cab; Rowe witnessed the murder and was sure Roane was not present; Rowe did not provide anyone with this information before trial; and to the extent it exculpated Roane, Rowe’s evidence was “not credible” and “would carry no weight with a jury.”

Details about juror-interview denial

The defendants’ request to interview jurors pursuant to Local Rule 83.5 was denied in Johnson v. Pruett, No. 3:97CV895 (E.D. Va. June 10, 1998).

Additional procedural and legal claims addressed in the appellate opinion

The appellate opinion addressed multiple issues, including jury-selection discrimination claims, CCE jury-instruction issues and associated Strickland standards, prosecutorial misconduct including claims of perjured testimony and Brady issues, the standard used for discovery in § 2255 proceedings, juror-misconduct and media-influence claims, and additional ineffective assistance of counsel claims, including Johnson’s Eighth Amendment mental retardation claim with referenced IQ test evidence and related testimony by Dr. Dewey Cornell on October 10, 1992. The opinion also addressed the Government’s cross-appeal related to the district court’s stay of execution of death sentences and subsequent regulatory authorization issues.

Mental retardation and IQ testimony (Johnson)

The opinion stated that under federal law “a sentence of death shall not be carried out upon a person who is mentally retarded.” It referred to Atkins v. Virginia and data from the American Association on Retardation. It described that at the penalty phase Johnson’s psychologist Dr. Dewey Cornell administered a Wechsler Adult Intelligence Scale Test on October 10, 1992, and that Johnson exhibited an IQ of 77 which indicated “generally impaired intelligence,” placing him “just above the level of mental retardation.” The opinion stated Dr. Cornell knew the significance of an IQ of 75 or below. The opinion also described Johnson’s contention that his actual IQ was between 69 and 74 in 1985 and relied on a 1996 publication about IQ-score inflation, and the district court’s rejection based on Dr. Cornell’s accounting for variations in the testing instrument.