Michael Rosales

Case summary

Michael Rosales was convicted of capital murder and robbery and was sentenced to death. He was executed by lethal injection in Texas on April 30, 2009.

Rosales murdered Mary Felder, who was living in the same apartment complex where Rosales was staying with friends. In the spring and summer of 1997, Rosales was staying with friends and relatives in Lubbock and was on probation for a prior felony offense of possession of a controlled substances, with intensive supervision after violating the terms of parole. He removed his electronic monitor and was avoiding his probation officer.

Background

In the spring and summer of 1997, Rosales was staying with friends and relatives in Lubbock. Rosales was on probation for a prior felony offense of possession of a controlled substances and was on intensive supervision after violating the terms of parole. Rosales had removed his electronic monitor and was avoiding his probation officer.

The offence

In June 1997, Lafayette Robinson knocked on the door of Mary Felder’s grandmother’s apartment and left when 68-year-old Mary Felder didn’t answer. Two hours later, Robinson again knocked on the door but received no answer. At about 4 p.m., Robinson returned once more and noticed a small window near the front door was broken out. He reached in the broken window to unlock the door, but found that it was already unlocked. He entered the apartment and discovered his grandmother’s body in her bedroom. Robinson ran to the downstairs laundry room to use a pay phone to call 9-1-1. While doing so, he passed Michael Rosales and another man and quickly told them his grandmother was either sick or had suffered a heart attack. Rosales and the other man ran to Felder’s home, saw her body, and then left.

Later that evening, Rosales told a woman who was living in an apartment next to the grandmother’s that he killed the elderly woman. Rosales gave police a formal, written confession to the crime.

The murder was described as occurring during a burglary of Felder’s apartment. Rosales told police he was high on cocaine and looking for money when he broke into Felder’s home as she slept. When Felder woke up and threatened to call police, Rosales pulled her into the kitchen, grabbed a knife, and dragged her into a bedroom where he began stabbing her. Rosales stated: "I told her that I was sorry and asked her to die, but she kept breathing." He stated he left after stabbing her and that she was still alive when he left because: "I could hear her choking on her blood." He said he knew she was still alive when he left because he "could hear her choking on her blood." Rosales led police to a dumpster where he disposed of the murder weapons, which he had thrown just outside the apartment complex.

Rosales stated in his confession: "I am giving this statement and I only want to make one request, that I don't deserve to live, and I want the lethal injection or the gas chamber for me as soon as possible because I don't want to live after I tell Detective Martinez the truth about what happened. I want to say Tuesday night, I was smoking some rock cocaine, and I think I smoked about $50 worth. I had run out of money and cocaine. So, sometime early Wednesday morning, I think it was about 3:00 o'clock or 4:00 a.m., I went to Ms. Mary's apartment to see if I could steal something from her, like a VCR, so I could trade it and score some more cocaine. When I got to her apartment, there was a mop by the door on the outside, and I used it to break a small window on the door so I could get in. I unlocked the door and went inside her apartment. I went into her bedroom and started looking around. Ms. Mary woke up and started to get up. I was kneeling down by the bed, but when she got up, she stepped on me. She recognized me. She called me by my name and told me that she was going to call the police. She grabbed me by the front of my shirt, and I grabbed her by the wrists. I then pulled her off the bed and grabbed her by the hair. I took her into the kitchen and told her that I did not want to hurt her. She kept hitting me. I grabbed a steak knife off the kitchen table and dragged her back to her room. She kept talking about the police and started yelling. I told her to keep it down, but she kept yelling. I then started stabbing her. I think I stabbed her in the stomach first, and she fell where you found her. I then kept stabbing her. I told her that I was sorry and asked her to die, but she kept breathing. I started to leave at one point after I had stabbed her, but she was still alive, so I went back, and I started stabbing her on her neck or her chest. I think I was in there with her for about 30 minutes. I then left her apartment, but I took the knife with me. I walked to the 6th Street gate from the complex and walked across the street to the alley and threw the knife away. I know she was still breathing when I was leaving because I could hear her choking on her blood. After I threw the knife away, I went to apartment number 18 and went inside and went to bed. I did not leave the apartment until in the morning. Before I went to bed, I went into the restroom and cleaned my arms off because I had a lot of blood on them. I also changed clothes and put the bloody clothes I had on with Yesinia's dirty clothes. The next day, I soaked the shirt to get the blood off. I want to say that I did not go into Ms. Mary's apartment to kill her. I just wanted to just steal something from her. I also just want to die as quick as she did." After signing the confession, Rosales led police officers to a dumpster where police uncovered a white trash bag containing a bloody knife with a four-and-a-half inch blade that was bent upwards, a bloody two-pronged kitchen fork with the tongs bent backwards, and a bloody pair of needle nose pliers.

Investigation

Forensic evidence presented at trial included DNA evidence taken from Rosales’s bloody shirt and jeans, DNA evidence from the bathroom sink used by Rosales, and DNA evidence from the front door of the apartment where Rosales stayed the night of the murder. The DNA evidence from the shirt, jeans, sink, and front door was consistent with Mary Felder’s DNA. Police recovered a pair of Nike tennis shoes belonging to Rosales that identically matched bloody shoe prints found in Felder’s bedroom. Rosales led police to the murder weapons disposed of in a dumpster outside the apartment complex.

Authorities also had bloody clothes Rosales tried to wash, and DNA evidence tied them to the slaying. Prints from Rosales’s shoes matched bloody footprints in Felder’s bedroom.

Arrest

After following detectives around and appearing concerned during the police crime-scene investigation, Rosales was arrested for an outstanding traffic warrant.

Trial

Rosales was indicted for capital murder by a Lubbock County grand jury. A jury found Rosales guilty of capital murder and sentenced him to death.

During the punishment phase, the State introduced evidence that at the time of committing capital murder Rosales was on probation in Lubbock County for the felony offense of possession of a controlled substance. Rosales was on intensive supervision after violating the terms of parole, had removed his electronic monitor, and was avoiding his probation officer at that time. The State introduced evidence that Rosales had been previously convicted of Class A Misdemeanor theft of property of the value of $200 or more, but less than $750, and Class A Misdemeanor burglary of a vehicle in Lubbock County.

Sentencing

The jury found Rosales guilty of capital murder and sentenced him to death.

Appeals

Direct appeal

Rosales filed direct appeal with the Texas Court of Criminal Appeals. The Court of Criminal Appeals affirmed Rosales’s conviction and sentence. The offense was capital murder and the sentence was death. Appellate review addressed issues including that conviction for capital murder was sustained by Rosales’s voluntary confession and other points, and ultimately the judgment was affirmed.

Federal habeas and certificate of appealability

Rosales filed for a writ of habeas corpus in state court. The Court of Criminal Appeals denied habeas relief. Rosales filed a federal habeas petition. The federal district court denied Rosales’s federal habeas petition. The Fifth U.S. Circuit Court of Appeals affirmed denial of habeas. The U.S. Supreme Court denied certiorari review.

Rosales requested a Certificate of Appealability. The Fifth Circuit denied the Certificate of Appealability.

Outcome

Rosales’s conviction and death sentence were affirmed on direct appeal. Subsequent state and federal review did not result in relief. Rosales was executed by lethal injection.

Aftermath

Rosales was executed in Huntsville, Texas. The execution occurred on April 30, 2009 by lethal injection. Three of Rosales’s brothers attended and watched through a window. No friends or relatives of Felder attended the execution. When asked if he wanted to make a final statement, Rosales said: "I love you. May the Lord be with you. Peace, I'm done." Eight minutes later, he was pronounced dead, with his lethal injection started and carried out during the execution. He was pronounced dead at 6:17 p.m.

Timeline

• July 2, 1997 — A Lubbock County grand jury indicted Rosales for capital murder.
• May 20, 1998 — Judgment was entered after a jury found Rosales guilty of capital murder, and sentenced him to death.
• Sept. 17, 1998 — Rosales filed direct appeal with Texas Court of Criminal Appeals.
• Sept. 16, 1999 — Rosales filed for a writ of habeas corpus in the state trial court.
• Oct. 13, 1999 — Rosales’s conviction and sentence were affirmed on direct appeal.
• Apr. 12, 2000 — The Court of Criminal Appeals denied habeas relief.
• Nov. 27, 2000 — Petition for writ of certiorari was denied by the U.S. Supreme Court.
• Nov. 29, 2000 — Rosales filed petition for writ of habeas corpus in federal court.
• Sept. 25, 2001 — The federal district court denied Rosales’s federal habeas petition.
• Aug. 16, 2002 — The Fifth U.S.
• Jun. 27, 2003 — The U.S.
• Apr. 7, 2004 — Rosales filed a successive application for a writ of habeas corpus.
• Apr. 12, 2004 — Rosales’s successive application was dismissed.
• Apr. 12, 2004 — Rosales filed petition for writ of certiorari in U.S. Supreme Court.
• Apr. 12, 2004 — Rosales filed a motion requesting a stay of execution.
• Apr. 13, 2004 — The Fifth Circuit Court granted Rosales’s request for a stay.
• May 17, 2004 — The Supreme Court denied certiorari review.
• May 21, 2004 — Rosales filed successive petition for writ of habeas in federal court.
• Apr. 30, 2007 — The federal district court denied habeas petition.
• Aug. 19, 2008 — The Fifth Circuit Court affirmed the denial of habeas relief.
• Feb. 23, 2009 — The Supreme Court denied certiorari review.
• April 8, 2009 — Federal district court denied motion for a stay of execution.
• April 30, 2009 — Rosales was executed by lethal injection in Texas.

Other details

Prior criminal history

On February 15, 1995, Rosales was convicted in Lubbock County of Class A misdemeanor theft of property and sentenced to serve fifty days in county jail and a $200 fine. On August 22, 1995, Rosales was convicted in Lubbock County of possession of a controlled substance in the amount of less than one gram; he was given a two-year suspended sentence and placed on community supervision for four years. Rosales was on community supervision for this crime when he committed the capital murder. On August 23, 1995, Rosales was convicted in Lubbock County of Class A misdemeanor burglary of a vehicle and was sentenced to serve 180 days in county jail.

Victim and injuries

Mary Felder was 68 years old. Her grandson discovered her body around 4 p.m. in the afternoon. Felder was slumped in the bedroom. Records showed she had 113 wounds, including some from needle-nose pliers. The Houston Chronicle account stated Felder had 113 wounds including more than 100 wounds to her face and head and described “terrible blunt force trauma,” and stated she was pummeled and stabbed with a two-pronged fork and a steak knife. Another account stated Felder sustained 113 wounds: 33 blunt force injuries and 80 stab, puncture, or cut wounds. The confession-related federal habeas account stated that Felder died of multiple stab wounds to the head and neck, and that Felder suffered a total of 113 wounds, with five lethal wounds and only two inflicted after Felder died. The Fifth Circuit described Felder’s death as “very painful” based on patterns of non-lethal wounds.

Money and motive statements

Mary Felder had about $60 in cash saved for an insurance payment at the time of her death. The only motive suggested by Mary Felder’s sister was robbery. Rosales told police he broke into Felder’s apartment to get money and said he was high on cocaine.

People named in the proceedings

Lafayette Robinson was Felder’s grandson. Bradley S. Underwood, J. was the judge in the District Court, Lubbock County. McCormick, P.J. was the judge of the Court of Criminal Appeals. Mansfield, Keller, Holland, Womack, and Keasler, JJ. joined the opinion. David Hazlewood was one of Rosales’s trial lawyers. Ken Hawk was a former Lubbock assistant district attorney who prosecuted Rosales for capital murder. Michael Carley was a veniremember. Manuel Mojica was a prospective juror. Jo Ann Womack was a prospective juror. Hallennbeck and Farmer were mentioned as prospective jurors. Dr. Walter Quijano was the doctor discussed in the certificate of appealability discussion. Dr. Mears was discussed in the certificate of appealability discussion. Detective Rey Martinez testified in the punishment phase and was referenced in the certificate of appealability discussion. James Reynolds testified in the punishment phase and was the custodian of records at Lubbock County Jail. Professor Jonathan Sorensen testified as a criminologist with a Ph.D. in criminal justice. Dr. Quijano testified and was described as having a Ph.D. in clinical psychology. Professor Jonathan Sorensen, a criminologist, testified about probabilities of future acts. Rosales’s confession referenced Detective Martinez. In federal habeas factual background, Rudy Perez (“Perez”), Yesinia Olivas (“Olivas”), their children, and their niece, Corinna Cantu (“Cantu”), were named in relation to where Rosales had been staying. Rudy Perez (“Perez”) was described as being living in the apartment where Rosales stayed with his family and niece and as being interviewed.

Victim’s alias and witness statements

Felder was described as being known as “Miss Mary.” Rosales stated at the execution: "I love you," "May the Lord be with you," and "Peace. I'm done." In the confession-related federal habeas account, Rosales asked for execution and said he wanted "the lethal injection or the gas chamber for me as soon as possible because I don't want to live after I tell Detective Martinez the truth about what happened."