Leonard Shockley

Case overview

Leonard Shockley (born 1941 or 1942, died April 10, 1959) was a juvenile executed in the United States. He was executed in Maryland in the gas chamber for a murder committed when he was 16.

Timeline

• January 16, 1958 — Leonard Melvin Shockley (aged 17) and his brother Harold Edward Shockley (aged 23) left their home in Omar, Delaware, drove to Snow Hill, and later visited a country store near Boxiron where Sarah Hearne was killed.
• January 19, 1959 — The Court of Appeals of Maryland decided SHOCKLEY ET AL. v. STATE.
• April 10, 1959 — Leonard Shockley was executed by asphyxiation-gas in Maryland.

Background

Leonard Melvin Shockley was 17 years of age at the time of the murder and was executed on April 10, 1959.

At the time of the execution, his older brother Harold Edward Shockley had just begun serving a life sentence.

Two brothers—Harold Edward Shockley (aged 23) and Leonard Melvin Shockley (aged 17)—were jointly indicted by the Grand Jury of Worcester County for the murder of Sarah Hearne, a storekeeper.

The case was removed to Dorchester County and tried before three judges, without a jury.

The offence

On the morning of January 16, 1958, a cold, cloudy day, the defendants left their home in Omar, Delaware, where they lived with their parents, and drove to Snow Hill. They were accompanied by a sister. The trip was made in a 1951 Chevrolet that had been loaned to them by a dealer while the motor of their mother's automobile was being repaired. The sister was left to visit at the home of a friend.

At about 1:00 P.M., Leonard suggested they drive to Boxiron, a small village in Worcester County, in the vicinity of which they had lived before the family moved to Delaware.

They came to a country store, and Leonard, who was driving, backed in alongside the store. Leonard was wearing a dagger or sheath knife on his belt. Mrs. Hearne, the storekeeper, came from her home, about 95 feet from the store, to wait on them.

Shortly thereafter, a witness named Clarence W. Bishop, who lived in the neighborhood, walked up to the store and noticed the Chevrolet parked beside it. He opened the door and entered the store. He saw Harold behind the counter toward the rear of the store, and he heard a scuffle at another point behind the counter. He ran out and reported to another neighbor that it “sounded like somebody was on Sarah down the store.”

When he and the neighbor returned, the automobile was gone.

In the meantime, the victim had made her way to her home, where she fell dead. Police found her body with her pedal pushers down from her waist and the front of her underpants torn out. She had been stabbed several times in the back and breast, and her throat had been cut.

Police investigation showed that the cash register in the store had been tampered with and jammed. A pool of blood marked the place where she had first fallen, and a trail of blood led to her home.

Leonard’s statement to police said that he and his brother planned to rob the store on their way to Boxiron, and that they both attacked Mrs. Hearne in an attempt to rob her. Leonard said Harold told him to grab her. Leonard admitted that he tried to rifle the cash register but could not get it open. Leonard admitted that he had stabbed the victim and cut her throat.

Harold’s statement to police said that Leonard went into the store to buy cakes and soft drinks, while Harold remained outside in the automobile until he heard what he described as “scrambling around in there.” Harold then went in to investigate and found Leonard had the victim on the floor between the meat case and the counter with her pedal pushers down. Harold said he saw Leonard cut her throat. Harold then tried to pull Leonard off the victim, and they both fled. Harold claimed he did not know that Leonard had any intention to rob or rape the victim. Harold admitted that they drove home by back roads and did not go back to Snow Hill for their sister.

Along the way, they each discarded articles of clothing which contained extensive blood stains identified as of the same type as that of the victim. There were also blood stains in the right front seat of the Chevrolet.

Investigation

The police arrested the brothers at their home that same evening.

They were taken to the police barracks at Georgetown, Delaware, where they each made statements out of the presence of the other. These statements were offered in evidence, and it was not contended that they were involuntary.

Two reports of mental examinations made upon petition of the defendants were admitted in evidence pursuant to an order of court, upon stipulation that they “be admitted in evidence with the same effect as if the same had been introduced in evidence by the defense upon the production of the said Dr. Jacob Morgenstern as a witness.”

The reports contained extensive background material relevant to psychiatric findings, and also contained statements that followed the same pattern as the previous statements.

The report definitely stated the examiner’s opinion that the accused had sufficient mentality to meet the Maryland tests of legal responsibility. The report as to Harold was to the same general effect.

Leonard’s statement included that he had been out of work for about three weeks before the murder. In his statement, Leonard denied that he had discussed the attempted robbery with his brother. He said he had drunk “almost a pint of wine” that morning. He said he had money in his pocket and that there was no reason for him to attempt the robbery.

Harold admitted a previous conviction of larceny and that he was only released on probation a few days before the murder.

Neither defendant took the stand.

Trial

The case was tried before three judges, without a jury.

The Grand Jury of Worcester County indicted both Harold Edward Shockley (aged 23) and Leonard Melvin Shockley (aged 17) for the murder of Sarah Hearne.

The trial court found both defendants guilty of murder in the first degree.

Leonard was sentenced to death, and Harold was sentenced to life imprisonment.

The defense contended that in each case the evidence was legally insufficient to support the verdicts.

The appellate discussion noted that Maryland Rule 741 c allowed the appellate court to review both law and evidence where a criminal charge had been tried by the court without a jury, but it also required that the verdict not be set aside unless clearly erroneous, with due regard given to the trial court’s opportunity to judge witness credibility.

The appellate court held that Leonard killed the victim in an attempt to perpetrate a robbery or a rape, so the verdict of first degree murder must stand.

It held that Leonard’s own confession and admissions, corroborated by other evidence, pointed unmistakably to his guilt.

As to Harold, the appellate court discussed statements in Leonard’s confession made out of the presence of Harold and noted that those statements could not be used against Harold. It further held that the evidence supported an inference that Harold knew of and actively participated in an attempt to rob by forcing the cash register.

The trial court was stated to have found that it was not satisfied that Harold participated in the actual killing or knew a killing was to take place, and it sentenced Harold to life imprisonment instead of death.

The appellate court concluded that Harold’s participation in the attempted robbery was enough under the statute to support a verdict of guilty of murder in the first degree.

Sentencing

Leonard Melvin Shockley was sentenced to death.

Harold Edward Shockley was sentenced to life imprisonment.

Appeals

The Court of Appeals of Maryland decision was: SHOCKLEY ET AL. v. STATE.

• January 19, 1959 — The Court of Appeals of Maryland decided the appeal.

The opinion stated:

• “Judgments affirmed.”

Horney, J., filed a dissenting opinion in part.

Majority reasoning (as stated in the opinion)

The appellate court reasoned that Leonard’s actions satisfied first degree murder because he killed in an attempt to perpetrate a robbery or a rape, relying on Code (1957), Art. 27, sec. 410, and cases cited.

For Harold, the appellate court reasoned that evidence and inferences supported that Harold participated in an attempted robbery, including evidence about tampering and jamming of the cash register and Harold’s actions and flight.

Dissent (Horney, J., filed in part)

The dissent stated agreement with the majority that the evidence was sufficient to sustain the first-degree murder conviction of Leonard Melvin Shockley for the killing of Sarah Hearne in an attempt to perpetrate a robbery or a rape.

The dissent disagreed with the majority that the evidence was legally sufficient to find Harold guilty of murder in the first degree.

The dissent described that, in sentencing Harold, although the court was satisfied of his guilt under Code (1957) Art. 27, ? 410, it was not satisfied that he participated in the actual killing or knew the killing was to take place, and for that reason sentenced him to life imprisonment instead of death.

The dissent argued that, aside from statements in Leonard’s confession made out of the presence of Harold—which the trial court properly ruled were not admissible against Harold—there was no evidence that the brothers had planned a robbery on the way to Boxiron.

The dissent stated that, even if Harold’s presence at the scene, knowledge of the commission of a crime, flight from the scene, and suppression of tell-tale evidence were considered, those facts were reconcilable with a theory of innocence, and therefore a conviction could not be sustained.

The dissent concluded that the judgment as to Harold should have been reversed and the case remanded for a new trial.

Outcome

The appellate court affirmed the judgments. It stated: “Judgments affirmed.”