Frederick Treesh

Case details

Frederick Treesh was executed in Ohio for killing Henry Dupree on August 27, 1994. The killing occurred during a robbery at the former Vine Street News adult bookstore in Eastlake. During the incident, cashier Louis Lauver was shot and suffered injuries to his jaw and forearm.

Treesh also shot at pursuing police officers during his escape and was convicted for aggravated murder and other offenses arising from the Eastlake incident.

Timeline

• August 27, 1994 — Frederick Treesh, Benjamin Brooks, and companions departed Cleveland to smoke crack cocaine; later they returned to Cleveland, picked up another man, and decided to rob a business; Washington directed them to the Vine Street News adult bookstore in Eastlake.
• August 27, 1994 — Treesh and Brooks entered Vine Street News at approximately 11:30 p.m.; Treesh shot Henry Dupree; Brooks took money from the cash register; Treesh shot Louis Lauver as he left the store.
• Three days earlier (relative to August 27, 1994) — Treesh and a co-defendant were suspects in the shooting death of Ghassan Danno, a Livonia, Mich., video store co-owner.
• After the store robbery (late night into early morning) — Sergeant Ronald Stih received a dispatch concerning the armed robbery; Treesh shot at police cruisers and, upon getting out of the car, fired at least three times at Stih and Officer Frederick Stoldt.
• August 28, 1994 — Treesh arrived at Eastlake just after 2:00 a.m.; he later heard on the police radio that Dupree had died.
• August 28, 1994 (approximately 2 p.m.) — Lieutenant Thomas Doyle confronted Treesh and Brooks with the store clerk’s statement; the suspects refused to discuss further without an attorney present.
• August 29, 1994 — The Lake County Grand Jury returned a seven-count indictment against Treesh.
• March 6, 2013 — Frederick Treesh was executed at the Southern Ohio Correctional Facility in Lucasville; he was pronounced dead at 10:37 a.m. by Donald Morgan, warden of the facility.
• March 2, 1995 — Treesh was sentenced to death (as stated in the status field provided).

People involved

Defendant

• Frederick Treesh — convicted and sentenced to death; executed March 6, 2013.

Victims and affected individuals

• Henry Dupree (58) — security guard at an adult bookstore; killed by gunshot wounds in Eastlake on August 27, 1994.
• Louis Lauver — cashier at Vine Street News; shot and suffered injuries to his jaw and forearm.

Co-defendants and other named persons

• Benjamin Brooks — co-defendant; pleaded guilty to avoid the death sentence and was serving 40 years to life (as stated).
• Keisha Harth — accompanied Treesh and Brooks during the multistate crime spree described; involved in the escape; Treesh ran away with her.
• Anthony Washington — agreed to assist; later directed the group to the Vine Street News.
• Ghassan Danno — video store co-owner in Michigan; Treesh and Brooks were suspects in his shooting death (occurring three days earlier than the Dupree killing, as stated).
• Deanne Danno — Gus’s sister-in-law; witnessed the execution and made statements afterward.
• Charles Coulson — Lake County Prosecutor; made statements after the execution.
• Donald Morgan — warden of the Southern Ohio Correctional Facility.
• Gary Mohr — prison Director.
• Karen Hensel — WISH TV reporter of an Emmy-award winning documentary on Treesh.
• James Benza — Treesh’s defense attorney.
• James Goff — fellow death row inmate who was a witness to Treesh’s friendship.
• Bill Kimberlin — anti-death penalty advocate who was among Treesh’s witnesses.
• James Reed — spiritual advisor who was among Treesh’s witnesses.
• Timothy Sweeney and S. Adele Shank — appellate lawyers who told the parole board Treesh deserved life instead of death.
• Gov. John Kasich — denied clemency (as stated).
• Thomas Doyle — Lieutenant, Eastlake Police Department; conducted interviews and confronted Treesh with the store clerk’s statement.
• Robert Alvord — FBI Special Agent; conducted interviews with Treesh and Brooks.
• Ronald Stih — Sergeant, Euclid Police Department.
• Frederick Stoldt — Officer, Euclid Police Department.
• Michael Janusczak and Harold Pretel — Cleveland Police Department officers involved in the pursuit and apprehension.
• Ernie Iafelice — Euclid officer who assisted in the recovery of evidence after Treesh fired on Stih.

The offence

Treesh and Benjamin Brooks planned an armed robbery after smoking crack cocaine, with the goal described as financing purchase of more cocaine. Washington directed the group to the Vine Street News adult bookstore in Eastlake, Lake County.

Treesh and Brooks were armed with a nine-millimeter handgun and a sawed-off shotgun. The handgun was loaded with “Hydra-Shok” bullets designed for penetration and maximum stopping power. Before entering, Keisha Harth handed Treesh a roll of duct tape that Treesh planned to use to restrain robbery victims.

Inside Vine Street News

Treesh and Brooks entered the store at approximately 11:30 p.m. Louis Lauver worked at the sales counter. Treesh pulled out the nine-millimeter handgun, cocked it, pointed it at Lauver, and ordered him not to move or call out for help. Treesh asked where the security guard was, and Lauver motioned toward the rear of the store. Treesh walked through swinging doors into a restricted rear area and placed the handgun inside his pants; Lauver later lost sight of Treesh.

A short time later, Lauver heard four gunshots coming from the rear. Treesh testified that after passing into the rear he saw Henry Dupree sitting in a chair watching television and ordered Dupree to stand up after poking him in the shoulder with the gun. Treesh testified that he had intended to take Dupree to the front and tape him up with the clerk but noticed handcuffs on Dupree’s pants and decided to use them. Treesh testified that a struggle ensued when he reached for the handcuffs and the handgun discharged.

While Treesh was in the rear, Brooks ordered Lauver to empty the cash register. Lauver complied, and Brooks demanded Lauver open the safe; Lauver explained this was impossible. Shots rang out from the back of the store, and Treesh returned through the swinging doors. Brooks left with money from the cash register. Lauver stood by the counter with hands in the air as Treesh headed toward the exit. Before reaching the door, Treesh brought the handgun up, pointed it at Lauver, and fired at least two shots, striking Lauver in the jaw and forearm. Treesh later testified that he aimed these shots not at Lauver but at a telephone on the wall behind the counter.

Dupree’s death

After Treesh left the store, Lauver temporarily lost consciousness, then awoke and dialed 911. Dupree, grievously injured during his encounter with Treesh in the rear, managed to make his way through the swinging doors but collapsed behind the counter. An autopsy confirmed Dupree died as a result of two close-range gunshot wounds in his chest.

Paul Forner, a witness across the street at a drive-up pay telephone, saw two men enter the store and, minutes later, heard popping sounds and saw the two men leave. Forner rushed to the store and found Lauver on the phone with police. Because Lauver was wounded in the face and had difficulty speaking, Forner gave the dispatcher a description of the suspects and their vehicle.

Dale Plunkard, a store customer who hid in a viewing booth during Treesh’s encounter with Dupree, heard three or four shots in steady succession—“one right after another”—and then emerged to find Dupree unconscious. Plunkard identified the suspects’ vehicle.

Investigation and police response

Sergeant Ronald Stih of the Euclid Police Department received a dispatch concerning the armed robbery. Stih scanned traffic on Interstate 90, spotted a vehicle matching the dispatcher’s description, and followed it off the interstate. Officer Frederick Stoldt of the Euclid Police Department also pursued the suspects’ car. The vehicles attained speeds of over sixty miles an hour in a residential neighborhood.

As Washington drove the suspects’ car, Treesh shot out its rear window. Both Brooks and Treesh fired shots through an opening and over the tops of cruisers to discourage pursuit. The vehicle was eventually lost control of and crashed.

According to Sergeant Stih, Treesh assumed an “action stance” as he got out of the car and pointed his handgun at Stih. Treesh fired the weapon at Stih and Stoldt at least three times. Stih retreated and radioed for help. Treesh fired additional shots while running away with Harth.

Officers Michael Janusczak and Harold Pretel arrived, obtained descriptions of Treesh and Harth, and pursued them on foot. When officers approached a garage, Pretel saw Treesh aiming a gun at him. Pretel ordered Treesh to drop the weapon. Treesh threw the gun down, but attempted to flee over a fence. Several officers confronted Treesh as he jumped over the fence and ordered him to the ground. Janusczak testified that as he handcuffed Treesh, he advised Treesh of his Miranda rights.

The police transported Treesh first to Euclid and then to Eastlake. On the way to Eastlake, Treesh heard on police radio that Dupree had died. Treesh later testified he was not aware prior to that time that he had even shot Dupree.

Arrest and interrogation

Treesh arrived at Eastlake just after 2:00 a.m. on August 28, and testified that he felt “high” and “paranoid” at that time.

Lieutenant Thomas Doyle of the Eastlake Police Department and FBI Special Agent Robert Alvord conducted interviews with Treesh and Brooks at Eastlake, with some interviews captured on the stationhouse videotape recorder. Portions containing several inculpatory statements were later played for the jury.

At approximately 2 p.m. on August 28, Doyle confronted Treesh and Brooks with the store clerk’s statement. Treesh and Brooks refused to discuss their participation in the Vine Street News robbery further without an attorney present, but continued to discuss involvement in other crimes.

Miranda and request for counsel (legal proceedings)

Treesh filed a motion to suppress all statements made while in custody of the Eastlake Police Department, including challenges to a show-up identification. The motion included claims that Miranda warnings were inadequate and that questioning continued despite requests for counsel. The trial court denied the motion to suppress, and the issues were later addressed on appeal, including the Supreme Court of Ohio’s discussion of adequacy of Miranda warnings, voluntariness of waiver, and requests for counsel.

The appellate materials included:

• A claim that improper statements by the prosecutor during voir dire and closing arguments denied a fair trial, including a prosecutor statement inviting jurors to promise a verdict if convinced beyond a reasonable doubt.
• A claim involving inclusion of juror Lynn Volke due to predisposition in favor of death.
• A claim that trial court improperly denied motions related to grand jury transcripts and daily trial transcripts.
• Claims about failure to excuse juror Volke for cause and about admissibility of statements following arrest.
• Claims about alleged coercion and voluntariness of waiver, including discussion of “tiredness” and “cocaine high.”
• A claim that the prosecutor improperly elicited testimony about Treesh’s request for an attorney, and the trial court’s curative instruction and denial of a motion for mistrial.
• Claims regarding preservation of evidence, including allegations that evidence from the scene was destroyed or not preserved, and discussion of specific items such as a nylon holster, ramp, wall panels and doors, Dupree’s handcuffs, and Dupree’s handgun.
• Claims regarding admission of photographs of Dupree’s body.
• Claims regarding sufficiency of evidence for aggravated murder and attempted aggravated murder.
• Claims regarding victim-impact testimony in mitigation, including that Henry Dupree’s daughter recommended a death penalty.

Trial

Charges and verdicts

The Lake County Grand Jury returned a seven-count indictment against Treesh on August 29 (as stated).

A Lake County jury found Treesh guilty of:

• one count of aggravated murder with two aggravating circumstances,
• two counts of attempted aggravated murder,
• one count of felonious assault,
• one count of aggravated robbery.

Each of these five counts included a firearm specification. The court entered a nolle prosequi on count six, which alleged failure to comply with an order or signal of a police officer. Treesh pleaded guilty to count seven, carrying a weapon while under a disability.

Penalty phase recommendation and sentence

At the conclusion of the penalty phase, the jury recommended that the court sentence Treesh to death. The trial court adopted the recommendation and sentenced Treesh accordingly.

The Ohio Supreme Court later affirmed Treesh’s convictions and death sentence, concluding “Judgment affirmed.”

Appeals

• The Ohio Supreme Court affirmed Treesh’s convictions and death sentence in State v. Treesh, 90 Ohio St.3d 460 (2001), submitted July 6, 2000, decided January 3, 2001, and held that the issues raised in the propositions of law did not warrant reversal.
• A federal habeas corpus appeal followed. The Sixth Circuit Court of Appeals issued an opinion in United States Court of Appeals, Sixth Circuit (No. 07-3524) with oral argument March 4, 2010 and decision July 13, 2010, affirming the district court’s denial of the habeas petition and denying a request for an expanded certificate of appealability.
• The clemency request was denied by Gov. John Kasich (as stated), after recommendation of the state parole board.

Outcome

Frederick Treesh was executed on March 6, 2013 at the Southern Ohio Correctional Facility in Lucasville. Donald Morgan, warden of the facility, pronounced Treesh dead at 10:37 a.m. Treesh received a single dose of pentobarbital.

Execution process and last statement

Treesh remained stoic throughout the execution process and spoke during the process; remarks were described as inaudible at points during IV insertion attempts. Blood trickled down Treesh’s left arm after a prison staff member injected drugs into his veins; executioners had difficulty inserting IVs. Treesh spoke briefly during insertion attempts and then became still for several minutes.

In his final statement, Treesh said: “This is where drugs lead you” and “I’ve never been tried, I’ve never been charged.” He also said, “If you want me murdered, just say it.” Additional quotations recorded included:

• “This is true life,”
• “That’s it,”
• “I’m not here to say I’m sorry to any of these victims that are here,”
• “I apologize to his family for what I’ve done,”
• “You want closure? Closure only comes with a book. You close it and put it on a shelf. There is no closure. Every holiday, every birthday, everything, you will think about the victim. So if you want me murdered, just say it.”

Witnesses and comments after the execution

Deanne Danno, who witnessed the execution, said: “There’s one less sadistic killer in this world” and that Treesh “has no heart. He’s a soulless person that should never have been brought into this world.” She also said justice was served and described Treesh as refusing to admit killing Gus Danno in an incident that also injured Gus’s brother, as stated.

Lake County Prosecutor Charles Coulson said “none of Dupree’s family members could attend because they are too elderly or ill to make the trip,” and after the execution said: “I’m emotional not for Frederick Treesh but for his victims.”