Robert Sidebottom

Case details

Robert Sidebottom was executed by lethal injection on November 15, 1995 in Missouri.

Victim

May Sidebottom was Sidebottom’s grandmother and was 74 years old at the time of her death.

The offence

In the early morning hours of October 4, 1985, Robert Sidebottom went to his grandmother’s home to get some money from her. Sidebottom was with a co-worker whom he had been drinking with most of the evening.

After returning to the car, Sidebottom told his companion that he was upset his 74-year-old grandmother, May Sidebottom, only gave him $5.00 when he knew she had just received $14,000.00 from insurance following the death of her husband. Sidebottom later returned to his grandmother’s home and told his companion he would give him $14,000.00 if he would “cover” for him if anything went wrong. Sidebottom then told his companion to leave. The companion complied and drove Sidebottom’s automobile from the scene.

Evidence indicated that May Sidebottom’s assailant broke into her house through a back door window. Once inside, Sidebottom told police that he confronted his grandmother and told her he wanted more money. She became angry with him and denied his demand.

Sidebottom stated to police that he got angry at his grandmother’s refusal for more money and began beating her. He struck her in the head and back with his fists and a chair until she stopped moving. He then started a fire in a bedroom and left.

Police arrived at the burning house at around 2:35 a.m. and found May Sidebottom lying unconscious, but alive in a pool of blood in the kitchen. Blood was splattered on the floor, walls and ceiling of the kitchen, along with pieces of a broken chair. May Sidebottom suffered numerous injuries of the head and neck, including a fractured jaw, broken nose, five frontal rib fractures, and three back rib fractures. She later died that same morning.

Sidebottom had previously told friends that he would inherit approximately $30,000.00 after his grandmother died and that he would do just about anything, including killing her, to get the money.

Investigation

Sidebottom made several incriminating statements during the initial police interview, indicating he may have killed his grandmother.

Following his arrest on October 9, 1985, Sidebottom confessed to the murder and recounted the events.

Arrest

Sidebottom was arrested on October 9, 1985.

Trial

At trial, Sidebottom was initially represented by appointed counsel, but he later retained private counsel, Joseph McMullin, to represent him.

McMullin put forth no affirmative defense and called no witnesses. His primary defense tactic was to cross-examine the State’s witnesses and criticize the State’s evidence.

The defense presented no evidence during the penalty phase. Counsel presented no testimony from Sidebottom’s family, although family members were available to testify.

The jury convicted Sidebottom of capital murder and sentenced him to death.

Legal chronology

Timeline

• 02/26/1984 — Sidebottom was arrested for forgery in Lee’s Summit, Missouri; he later pleaded guilty and was placed on probation for two years.
• 05/01/1985 — Sidebottom was arrested for sexual abuse first degree in Lee’s Summit, Missouri.
• 10/04/1985 — Sidebottom brutally beat his 74-year-old grandmother, May Sidebottom, with his fists and a chair until she was unconscious; he then set her house on fire. Police arrived at the burning house.
• 10/09/1985 — Sidebottom was arrested in connection with his grandmother’s death.
• 12/30/1985 — Sidebottom was indicted for first degree murder of his grandmother, May Sidebottom.
• 07/17/1986 — Sidebottom was sentenced to five years in the Missouri Department for Corrections for sexual abuse first degree.
• 11/26/1986 to 12/05/1986 — Sidebottom was convicted after a jury trial in Jackson County, Missouri, of first degree murder and armed criminal action.
• 03/06/1987 — The Circuit Court of Jackson County, Missouri denied Sidebottom’s motion for new trial and sentenced him to death.
• 03/23/1987 — Notice of Appeal was filed with the Missouri Supreme Court.
• 06/14/1988 — The Missouri Supreme Court affirmed Sidebottom’s conviction and sentence.
• 06/27/1988 — Sidebottom filed a motion for post-conviction relief under Missouri Supreme Court Rule 29.15.
• 08/26/1988 — Sidebottom filed an amended Rule 29.15 motion through counsel.
• 01/20/1989 — The Circuit Court of Jackson County, Missouri denied the Rule 29.15 motion.
• 12/12/1989 — The Missouri Supreme Court affirmed the denial of the Rule 29.15 motion.
• 07/26/1990 — Sidebottom filed a petition for habeas corpus in the United States District Court for the Western District of Missouri.
• 07/01/1991 — An amended habeas corpus petition was filed in the United States District Court.
• 05/24/1993 — The United States District Court denied the petition for the writ of habeas corpus.
• 06/08/1993 — Sidebottom filed a motion asking the United States District Court to alter or amend its judgment.
• 06/13/1993 — Sidebottom filed a motion asking the Missouri Supreme Court to recall its mandated.
• 07/06/1993 — Sidebottom filed a state habeas corpus petition under MO Supreme Court Rule 91.
• 08/17/1993 — The Missouri Supreme Court denied the motion to recall the mandate.
• 08/19/1993 — The Missouri Supreme Court denied the state habeas corpus petition.
• 10/15/1993 — The United States District Court denied the motion to alter or amend judgment.
• 11/12/1993 — Sidebottom filed a notice of intent to appeal to the Eighth Circuit Court of Appeals.
• 09/14/1994 — The Eighth Circuit Court of Appeals affirmed the denial of Sidebottom’s habeas corpus petition.
• 01/26/1995 — The Eighth Circuit Court of Appeals decided the appeal.
• 03/22/1995 — Rehearing and Suggestion for Rehearing En Banc was denied.
• 11/06/1995 — Stay was denied.
• 03/30/1995 — The Eighth Circuit Court of Appeals issued its mandate effectively removing all stays of execution.
• 10/02/1995 — The United States Supreme Court denied certiorari.
• 10/12/1995 — The Missouri Supreme Court set November 15, 1995 as the date of execution.

Appeals

The Supreme Court of Missouri affirmed the conviction and sentence on direct appeal. State v. Sidebottom, 753 S.W.2d 915 (Mo.) (en banc), cert. denied, 488 U.S. 975, 109 S.Ct. 515, 102 L.Ed.2d 550 (1988).

Sidebottom filed a motion pursuant to Missouri Supreme Court Rule 29.15. Following a three-day evidentiary hearing, the motion was denied. The denial of the 29.15 motion was affirmed by the Missouri Supreme Court. Sidebottom v. State, 781 S.W.2d 791 (Mo.1989) (en banc), cert. denied, 497 U.S. 1031, 110 S.Ct. 3295, 111 L.Ed.2d 804 (1990).

Sidebottom filed a pro se petition for a writ of habeas corpus in the United States District Court for the Western District of Missouri raising numerous grounds for relief, and the district court appointed counsel. On May 24, 1993, the district court entered an order denying the petition. The district court subsequently denied a motion under Fed.R.Civ.P. 59(e) on July 26, 1993, later withdrew its earlier order to allow counsel changes, and reissued its order denying the motion on October 15, 1993. Sidebottom filed a notice of appeal on November 12, 1993.

The Eighth Circuit Court of Appeals considered Sidebottom’s appeal. The Eighth Circuit affirmed the denial of habeas relief.

The United States Supreme Court denied certiorari.

Sentencing

Sidebottom was sentenced to death.

Outcome

Sidebottom was executed by lethal injection in Missouri on November 15, 1995.

Other details

Sidebottom estimated that he had had ten to fifteen beers and about ten caffeine tablets called “mini-whites” during the late afternoon of October 3, 1985 and the evening through early the next morning.

In the late afternoon of October 3, 1985, Sidebottom and a coworker, Tom Shier, went out for some drinks after work and stayed out drinking until early the next morning.

Sidebottom and Shier stopped at May Sidebottom’s home so Sidebottom could obtain some money from her. Shier stayed in Sidebottom’s car while Sidebottom went into the house. Rick Alcorn, Sidebottom’s neighbor, testified that Sidebottom said that he would kill his grandmother if this would get him into the Mafia.

Laverne Willis, a close friend of May Sidebottom, testified that Sidebottom’s relationship with his grandmother “was bad.”

Several months before the murder, May Sidebottom destroyed her will, which included Sidebottom as a named beneficiary.

Sidebottom and Shier arrived at May Sidebottom’s house at approximately 1:45 a.m. Sidebottom got out of the car and told Shier not to wait for him. Shier left in Sidebottom’s car as instructed.

During his statement to police, Sidebottom said he entered May Sidebottom’s home after Shier had dropped him off, but he could not remember how he got in.

In Sidebottom’s statement to police, he said he confronted his grandmother and demanded more money, and after she became angry and denied his demand he began beating her.

During Sidebottom’s initial statement to police, Sidebottom estimated his alcohol and caffeine tablet consumption as part of his account of the events.

Sidebottom later made incriminating statements during initial police interviews and then confessed after his arrest on October 9, 1985.

Sidebottom had previously been arrested for forgery in Lee’s Summit, Missouri and later pleaded guilty and was placed on probation for two years.

Sidebottom previously was arrested for sexual abuse first degree in Lee’s Summit, Missouri, and was sentenced to five years in the Missouri Department for Corrections on July 17, 1986.