Janice Buttrum

Case record: Janice Buttrum

Names and identities

Janice Buttrum was a seventeen-year-old caucasian woman.

Demetra Faye Parker was the victim. She was nineteen years old.

Danny Buttrum was Janice Buttrum’s husband.

Christopher Busby was a motel acquaintance who testified at trial.

Pam Henry was a motel resident who testified.

Agent Johnson was a Georgia Bureau of Investigation agent who testified at trial.

Agent McFaul was an FBI agent who testified.

Agent Sammon was an FBI agent involved in the post-arrest interrogation described in the federal proceedings.

Sheriff Jack Davis was identified in media accounts summarized in the federal proceedings.

Justice of the Peace Billy Broom issued an arrest warrant and presided over a preliminary hearing described in the federal proceedings.

Judge Murphy was identified as the federal judge who delivered the opinion: HAROLD L. MURPHY, UNITED STATES DISTRICT JUDGE.

District Attorney Steve Williams was identified in media accounts and described as speaking in court.

Dr. James Metcalfe performed the autopsy.

Dr. Henry Adams testified at the penalty phase.

Murphy Davis and Ed Loring were identified in Janice Buttrum’s letter.

Murphy was identified as a pastor who wrote to her while she was on death row.

Timeline

• September 3, 1980 — Janice Buttrum and her husband raped and stabbed Demetra Faye Parker in her motel room at the Country Boy Inn in Whitfield County during the early morning hours.
• September 3, 1980 — Demetra Faye Parker was raped, sodomized, and stabbed ninety-seven times in her motel room; an autopsy was performed at 11:00 p.m.
• September 3, 1980 — Janice Buttrum and her husband drove to the truck stop where Mr. Buttrum worked; petitioner borrowed $20.00 from the truck stop manager and said, "I don't know if you know what's going on or not, but if anyone asks you, you have not seen us."
• September 3, 1980 — Armed with motel information and blood, the police secured arrest warrants for Danny and Janice Buttrum.
• September 4, 1980 — Before noon, FBI agents spotted and arrested the Buttrums in Pensacola and charged them with the murder of Demetra Faye Parker.
• September 4, 1980 — Janice Buttrum was interrogated and gave the statement to Agent McFaul described in the federal proceedings.
• September 6, 1980 — The Buttrums were returned to Whitfield County in the custody of Georgia law enforcement officials.
• September 10, 1980 — Counsel was appointed to represent Janice Buttrum.
• October 2 — The court issued a gag order, acknowledging media interest.
• February 1981 — A jury found Janice Buttrum competent to stand trial.
• On August 29, 1981 — A Whitfield County jury found Janice Buttrum guilty of the murder of Demetra Faye Parker, in violation of O.C.G.A. 16-15-1, and motor vehicle theft, in violation of O.C.G.A. 16-8-18.
• Two days later — The jury sentenced Janice Buttrum to death.
• September 20, 1989 — The opinion of the court was delivered in Janice Buttrum’s federal habeas corpus proceeding.
• 1989 — The death sentence was reversed; the death sentence was commuted to life in prison.

Background

Janice Buttrum and her twenty-eight-year-old husband were the parents of a nineteen-month-old baby and were expecting a second child.

They were living temporarily in a small, inexpensive motel in Dalton, Georgia, as was the victim.

Janice Buttrum had been sexually abused by her foster parents.

Janice Buttrum had been an orphan; her mother gave her away when she was a baby.

Janice Buttrum was raised by foster parents who sexually abused her.

Danny Buttrum had recently escaped from a Cobb County, Georgia, prison work camp.

On the night of the murder, Danny Buttrum drank three six packs of beer.

During the two-year marriage, Danny Buttrum beat Janice numerous times.

Former teachers, social workers, and others described conditions of neglect and abuse in Janice Buttrum’s childhood.

One social worker testified that during many times he went to her home he never saw her step-mother sober.

One teacher stated: "She never carried on a conversation with anybody; she just always stood over to herself."

Janice Buttrum ran away from home in her early teen years.

During her early teen years, she was befriended by an older man who, along with another man, sexually assaulted her.

At age 14, she was declared a deprived child and placed in the custody of Bartow County.

She was shuttled between foster homes, returned to Mrs. Adcock, and finally placed at Mrs. Adcock’s instigation in a Youth Detention Center.

She remained there for six months.

At age 15, she returned to Mrs. Adcock’s home.

A friend of her mother introduced her to Danny Buttrum; he was 26 years old, divorced, and the father of two children.

Janice Buttrum married Danny within a month of their meeting and the jury heard evidence that she was often the victim of beatings sustained at the hand of Danny Buttrum.

The offence

On the night of the murder, nineteen-year-old Demetra Faye Parker was watching television with two male friends in her motel room at the Country Boy Inn.

The three saw Danny pacing back and forth 15 to 20 times in front of Demetra’s room.

Demetra told her friends she was afraid of him, and they locked the door.

Demetra drove her friends home at approximately 8:30 p.m.

Christopher Busby lived at the motel in August and September and on the evening of September 2 he and Danny had a beer together.

At 7:00 to 7:30 p.m., Busby, the Buttrums, and their baby left the motel to buy beer.

The beer run became a five hour excursion with a number of stops.

Busby testified that while they were riding in his car Danny told him he wanted to pick up a girl; Busby asked him if his wife in the back seat would mind; Danny replied: "No, as long as she gets to go with her first."

During several stops, Danny made passes at four different women, while Janice remained in the back seat.

Several female witnesses testified they were approached by Danny that night but refused his drunken advances.

Busby and the Buttrums returned to the motel room at about midnight.

Danny borrowed Busby’s car, and the Buttrums were gone for about three more hours, returning at 3:45 a.m., September 3.

Pam Henry testified that at approximately 4:00 a.m. she heard a girl screaming.

In one post-arrest confession described by Agent Johnson, Janice Buttrum stated that at about 4:00 a.m. she and her husband went to Demetra’s room to scare her, she knocked on the door, and when Demetra opened the door and attempted to close it, Danny pushed it open.

They went inside and struggled with the girl.

Janice then stabbed the girl and they fell to the floor.

Janice and Danny were on opposite sides of the girl and they took turns stabbing her.

Janice said she stabbed her about fifteen minutes [sic], gave the knife back to Danny, he stabbed her, and gave the knife back to her.

Janice lifted Demetra’s nightgown to see where her heart was and then cut Demetra across the stomach because "it was the only place left to cut," and because Demetra was still living and Janice thought it might kill her.

Janice said she had no remorse about the killing.

The Buttrums went back to their motel room, took Demetra’s car, and fled.

The federal proceedings also described an additional statement given to Agent McFaul.

It described that when the Buttrums entered Demetra’s room Danny threw Demetra down, Danny had a pocket knife and was struggling with Demetra, and Janice took the knife and stabbed Demetra; both stabbed her numerous times; while Janice was stabbing her, Danny was masturbating.

Afterwards, they washed their hands with a cloth in Demetra’s room and stole her car.

Janice told Agent McFaul: "That girl sure didn't want to die."

Janice made additional statements during incarceration and at sentencing described in the federal proceedings.

During incarceration, she wrote a letter to be given to the Sheriff claiming she killed Ms. Parker as an act of jealousy because Danny was trying to have sex with her and she took complete responsibility; she claimed she forced Danny to do everything he did, including raping Ms. Parker.

At her sentencing hearing, Janice testified that it had been Danny’s idea to go to Ms. Parker’s room the evening of the crime; that she waited outside the room for five minutes after Danny entered; that when she entered Danny was removing Ms. Parker’s panties and she believed they "were fixing to have sex."

After becoming angry at the sight of Danny and Ms. Parker engaging in sex, she testified that she grabbed the knife and stabbed Ms. Parker in the chest.

She admitted her conduct was wrong and that she deserved to be punished.

She denied having oral sex with the victim.

Investigation and arrest

The evidence and testimony in the trial and pretrial proceedings described the investigation.

Demetra Faye Parker was found in her motel room at the Country Boy Inn in Whitfield County.

The autopsy and medical findings described in the federal proceedings supported a prolonged assault.

The prosecutor and defense evidence at trial included confessions described in the federal proceedings.

Chambracant Patel, manager of the motel, reported Ms. Parker's death and told the police that her car was missing.

He told them that Ms. Parker had spent time the previous day with the Buttrums and that the Buttrums appeared to have checked-out of their room.

A search of the Buttrum's room revealed a bar of soap and washcloth covered with blood.

The police secured arrest warrants for Danny and Janice Buttrum.

Further investigation revealed the couple had contacted Danny Buttrum's mother and requested that she wire money to Pensacola, Florida.

Before noon on September 4, FBI agents spotted and arrested the Buttrums in Pensacola and charged them with the murder of Demetra Parker.

On September 6 the Buttrums were returned to Whitfield County.

Shortly after her arrival, Janice was interrogated again and provided the statement recounted by Agent Johnson.

Janice turned over the ring and a barrette taken from the victim.

The federal proceedings also described additional pretrial communications and state and federal steps, including a U.S. magistrate issuing an arrest warrant after an unauthorized flight complaint.

Trial

Jury and counsel

On August 29, 1981, a Whitfield County jury found Janice Buttrum guilty.

Counsel was appointed to represent Ms. Buttrum on September 10, 1980.

After two weeks, counsel filed a motion to withdraw expressing doubt about his ability; the motion was denied and the trial court appointed co-counsel.

The court acknowledged media interest and issued a gag order on October 2; it was later lifted when the court found it created more publicity than it deterred.

A gag order was also discussed in proceedings about lifting it on October 16 and lifting it on October 17.

The court denied a motion for change of venue based on prejudicial, pretrial publicity and permitted sequestered voir dire of prospective jurors.

Trial was postponed until late summer to await the birth of her second child.

Competency

In February 1981, a jury found Janice Buttrum competent to stand trial.

The federal proceedings addressed a competency hearing and the instruction to the competency jury.

The issue in the competency proceeding was whether Janice Buttrum was at the present time suffering from a disease of the mind and was so far insane as to be unable to comprehend proceedings and be incapable of conducting her defense.

The jury was charged that she bore the burden to prove incompetency by a preponderance of the evidence.

In the federal proceedings, the court quoted the competency instruction including the following:

"The issue in this case and the sole issue in this case, is whether or not the person charged in this Court with a criminal offense is, at the present time, suffering from a disease of the mind and is so far insane as to be unable to comprehend the proceedings and be incapable of conducting her defense if she were tried for the alleged offense.
You are not concerned in this trial with guilt or innocence of any alleged criminal offense. . . . . You are here in this case for the purpose of deciding whether or not a person charged in this Court with a criminal offense is, at this time, mentally competent to stand trial.
The question is whether or not Janice Buttrum . . . is at the present time, suffering from a disease of the mind and is so far insane or mentally incapable that she is incapable of understanding the nature and object of the proceedings against her. . . . This proceeding is not, in any sense, a criminal proceeding . . . .
The sole question is whether or not she is now sane and mentally competent to be tried for a criminal offense, and the purpose of this proceeding and of your verdict herein shall be to answer that question."

Guilt phase

The defense offered no evidence at trial.

Through cross-examination and argument, the defense contended Janice participated in the murder but acted under domination of her husband.

The jury found Janice guilty as charged.

The jury found the murder had been committed in the course of a rape.

At sentencing, the jury was described as finding the murder outrageous, vile and inhuman; involving torture, depravity of mind, and aggravated assault.

Sentencing phase

During the penalty phase, the prosecution called one witness, Dr. Henry Adams, who testified Janice Buttrum was a sexual sadist who could be expected to repeat similar acts in the future.

Dr. Henry Adams testified that he formed his clinical impression from the file and reports from competency and sanity evaluations and that he never interviewed Janice Buttrum.

Adams testified she was an anti-social personality and paraphiliac and diagnosed sexual sadism with stimulus hunger.

He testified:

"There is little doubt that she is an extremely dangerous person, and that if she is released, the possibility of her committing similar acts is high."

He testified as to the repetitive nature of sexual sadism:

"Part of the definition of sexual sadism is repetitive acts; and yes, with this kind of diagnosis, it's kind of - you would expect it to continue."

He testified:

"It is a repetitive kind of activity that continues until the individual is apprehended or stopped in some way or another."

The defense presented no psychological testimony and presented testimony about Janice Buttrum's background in mitigation of punishment.

On the murder count, the jury sentenced Janice Buttrum to death.

Charges found by the jury

The federal habeas description listed the Whitfield County jury’s findings:

• murder of Demetra Faye Parker in violation of O.C.G.A. 16-15-1
• motor vehicle theft in violation of O.C.G.A. 16-8-18

Sentencing

Janice Buttrum was sentenced to death by the jury.

Her death sentence was later reversed in 1989.

A federal habeas action granted relief as to the sentence of death and denied relief as to the conviction for murder.

In 1989, her death sentence was reversed; her sentence was commuted to life in prison.

At separate trials, both Janice Buttrum and her husband were sentenced to death.

Her husband committed suicide by hanging himself in his death row cell after sentencing.

Appeals

Janice Buttrum’s conviction and sentence were affirmed on appeal by the Georgia Supreme Court.

She filed a state petition for habeas corpus; a hearing was held and all relief was denied.

When the Georgia Supreme Court denied a certificate of probable cause to appeal the denial of state habeas relief, she filed a petition in federal court.

In the federal habeas proceedings, relief from the conviction of murder was denied, and relief from the sentence of death was granted.

The writ required a new sentencing hearing.

The writ of habeas corpus was denied as to conviction of murder and granted as to the sentence of death.

Respondent Black was ordered to grant a new sentencing hearing to commence within six months from September 20, 1989, or if an appeal is taken, within six months of the date the order becomes final.

Outcome

Habeas corpus relief was granted as to Janice Buttrum’s death sentence; the petition was denied as to her conviction for murder.

Her death sentence was reversed in 1989, and her sentence was commuted to life in prison in 1989.

Aftermath and related statements

Janice Buttrum wrote a letter in 2005 about the death penalty, reproduced in full in the federal proceedings.

The letter began: "Dear Mr. Andrew McCaskill, You wrote Murphy and suggested that instead of trying to get in front of a camera to oppose the death penalty, she should do actual ministry (in "Hospitality," Letters, March 2005)."

The letter included religious discussion and statements about her time on death row.

She wrote: "I had received Christ as my Savior on 12/12/81."

She wrote about visitation: "I received notification from the warden that I would be visited by Murphy Davis and Ed Loring."

She described her reaction: "I thought Murphy was a man’s name."

She wrote: "But for all eleven years of my incarceration on death row, Murphy ministered to me. She showed me and still shows me what a Christian is."

She wrote about Christianity and the death penalty: "If you support the death penalty then you’re in the crowd who shouted, crucify Him!"

She signed the letter: "Janice Buttrum"

The federal proceedings discussed that the victim was raped, sodomized, and stabbed ninety-seven times in her motel room at the Country Boy Inn during early morning hours of September 3, 1980.

An autopsy on Demetra Faye Parker was performed at 11:00 p.m. on September 3, 1980.

The autopsy findings described:

• Demetra was 5'8 1/2" and weighed approximately 100 lbs.
• She incurred sixty-seven stab wounds to her left chest with a maximum depth of 2"; the blade penetrated several ribs and her left lung.
• Dr. Metcalfe observed 24 stab wounds and cuts in the front neck area with several cuts to the windpipe.
• Spinal stab wounds were 2" deep and cut into the backbone.
• A gaping gash had been inflicted to Demetra's lower abdomen exposing her bowels.
• Demetra suffered a 4" cut in the genital area, as well as damage to the vagina and rectum from forcible penetration.
• Hemorrhages and bruise marks were observed on her scalp, nose, knees and genital region.
• There was a 1 to 1 1/2" bite mark on her neck.
• A plastic toothbrush holder had been forced into her vagina.
• Dr. Metcalfe stated the vast majority of injuries around the vagina and anus occurred while Demetra was alive.
• Dr. Metcalfe stated Demetra died only after the attack or towards the very end of the prolonged assault, with stab wounds to the chest and neck resulting in death.