|
Mid-Missouri |
|
P.O. Box 268 |
|
Events protesting the execution are set for Tuesday, March 27.
Ervin and Bert Hunter both received death for the reprehensible December 1988 suffocation murders of Mildred Hodges and her grown son Richard during a robbery attempt in Jefferson City. We mourn the violent deaths of the Hodges, the June 2000 execution of Hunter and the planned killing of Ervin; we offer condolences to the families and friends of all these people who-- although they, themselves, committed no crimes-- are forced to endure the painful loss of their loved ones. All such violence is morally unacceptable.
ISSUES:
-Ineffective assistance of counsel: Ervin's trial attorney told the jury that he would show them a video statement made by the key witness testifying against Ervin in which the witness said Ervin was innocent, but then failed to show the tape to the jury, presumably in order to attend an athletic event occuring later that day.
-No physical evidence linked him to the crime: a hair at the site was not the victim's but not his or Hunter's either; he has always claimed he was not involved although he did lend Hunter his car and no doubt did assist him in trying to hide one of the bodies.
-For more information and a human perspective beyond what the courts have presented check out excerpts offered below from FOR’s interview between Jeff Stack and Bert Hunter a few weeks before his execution in 2000.
WHAT YOU CAN DO on or before Tuesday, March 27: Any part helps:
1. Ask Gov. Bob Holden to commute the sentence, 573-751-3222, fax 573-751-1495; State Capitol, Box 720, Jefferson City, MO 65101. Toll-free in Kansas City: 889-3186; St. Louis: 340-6900. Or email. Remember that handwritten letters are most effective, but email helps if you doubt you'll have time to write or call).
2. Candlelight vigil Tues. 3/27, outside the Potosi prison, 11:00pm-12:01am,
near front gate, Potosi Correctional Facility, Hwy O, just off Hwy 8, south
off Hwy 21, or I-55 to Hwy 67 south to Hwy 8 west. CANCELLED IF COMMUTATION OR STAY.
Also 3/27:
Columbia: 5:00-6:00 pm, Boone Co. Courthouse; 10:00 carpool from courthouse to Jefferson City
Jefferson City: 11:00 pm until 12:01 am, vigil, governor's mansion
10:30, prayer vigil, St. Peter's Catholic Church
Kansas City: 4:30-5:30 pm, J.C. Nichols Fountain, in the Plaza;
Rolla: 4:00-5:00 p.m., Phelps County Courthouse;
St. Louis: 8:30-9:00 pm, Municipal Courts, 1320 Market;
9:00pm, carpool to Potosi.
For update 314-725-7527 or 516-6864, 816-235-1600 & 252-8000, 573-635-7239 or 573-254-3993
(Thanks to the Eastern Missouri Coalition to Abolish the Death Penalty for their update and call to action)
Exerpts from a June 2000 Interview with Bert Hunter(especially in matters relating to Tomas Ervin).
Bert Hunter sat on the other side of a thick pane of glass, while we communicated by telephone at the Potosi Correctional Center in southern Missouri. He had been sentenced to death for the robbery and murder of Mildred Hodges and her adult son Richard in Jefferson City. Hunter waived his right to a jury trial and pled guilty—while he was in the midst of a suicidal downward spiral. A few weeks before his sentencing by the judge, he regained his will to live and recanted his confession. He asked for a trial, but the court judge refused the request. Tomas Ervin also received a death sentence, in a trial, largely due to Hunter's testimony, testimony which Hunter (throughout the several years prior his execution) contended was perjurous.
State workers-- following the orders of the Missouri Supreme Court and Attorney General Jay Nixon—lethally-poisoned Bert Hunter just after midnight on June 28). Once someone in Missouri gets an execution date, he can have no further "contact" visits. When visiting Hunter, we could not shake hands. Nobody besides correctional workers can touch him. That includes his parents or other loved ones, at least not until state officials would kill him. The Mid-Missouri FOR condemns the killing of any human being whether that life is snuffed out by the individual or state.
It is also worth remembering the song by the late folk singer Phil Ochs. He wisely noted that “Every man has got something to give and if a man can give, then a man should live.” All people have that right to live. Additionally, both Hunter did have and Ervin still does have many talents he can contribute to society—further making even more clear the loss to our human society, should he too be killed. Both men, while they first met in prison, prior to these killings, went through computer science training and became extremely-skilled. Together, they developed the state’s car-licensing computer program apparently still used today.
Reporter: Hello Bert. Thanks for agreeing to meet. I felt an obligation to let the public know the human being the state is intent to wipe off the face of this earth.
Bert Hunter: But this ain't too much of an earth,.. there's a new Bob Dylan song (with the lyrics)....'He used to care that changes would change, but they've got him locked up and now he's out of range.'....
I think it should be stressed (that many people) are running around saying, 'Let's get rid of the death penalty because it's inhumane. That could be. But I think there are very few people that would not want to kill somebody that had hurt somebody they had really loved. I think it's a human reaction. But the problem is, if I did something horrendous to you, I hurt someone in your family, if you kill me you are the only one that's (still) in (an emotional) prison. You kill me and my suffering's over. By killing me, you're doing me a favor,…..
Rep.: Now what about your situation? In the case of the killings of Mildred and Richard Hodges, you opted not to have a jury, just a trial by the judge. You pled guilty. You--
BH: Commited suicide.
Rep. Could you talk about that?
BH: I was under a lot of stress. I tried to shoot myself (some weeks before the crimes) . Do you see these (points to black marks on the upper part of his forehead). I took a .22 pistol and tried to shot myself. And I just couldn't do it. I got this powder burn that turned into a mole. I don't know what it takes (to kill yourself), if it's cowardice, courage....
(Hunter had been living in Florida since his release after serving time for a 2nd degree murder conviction. In the few weeks prior to the killings of the Hodges) I was two car payments behind. I called my (then ex-) wife, but she was leary of it (my reason for needing the money.) So I told her I was going to rob a bank. (Instead) I decided to sell the cocaine....He (his former Jeff City partner whom Hunter refuses to identify) agreed to sell it. (This unidentified man has since died. Hunter told his friend) I needed the money when reporting to the (Florida) parole officer (to show financial responsibilities were being met)...The man (Richard Hodges told Hunter's partner) the cocaine wasn't any good (Hunter contends Hodges gave the drugs to another person in exchange for sex. Confronting his partner, Hunter says) ... I told the man, I wanted my $500. 'If it doesn't work out, all hell's going to break loose right here in River City.'
I had an '86 Mustang with loud mufflers with Florida plates, pretty recognizable in Jefferson City. I borrowed (Thomas) Ervin's car (They had met while in county jail several years earlier. Hunter says Ervin didn't accompany him, but that he went with his unidentified partner to the Hodges' home which doubled as a real estate office for Richard's mother Mildred. Hunter says he waited in the car while his partner, went inside to confront Richard Hodges. An argument erupted, Hunter says he could see from the car. Mildred Hodges, apparently burst into his aparment, overhearing the discussion. She had also seen Hunter parked and waiting. The partner later told Hunter, he told Richard Hodges nonpayment was not an option. The son) was trying to beat me for the money. I was waiting in the car. (Hunter's partner supposedly later told him) She began beating him. He grabbed her, then she slipped away and fell into a wall, nose first, (leaving) blood on the wall. She fell down. It knocked the breath out of her. She had severe heart problems, (apparently) had just gotten out of hte hospital. And died. This guy he used to work at the hospital at MSP,... (he found) she's got no pulse, no carotid artery (pulse), nothing.
He (Richard Hodges) started yelling, 'You dirty sonuvabithch. You killed my mother. (He attacked Hunter's partner) Probably the only aggressive move he ever made in his life. Then he (Hodges) got knocked down and choked (to death by Hunter's partner). He waved from the window. I came up. He briefed me on what had happened, and I said, "I'm out of here.' 'Oh No, you can't leave me hanging.' (Hunter stayed and helped duct-taped Richard Hodges then left)
He was cleaning three deep scratches on his face (from the woman's defensive efforts). So he says, 'Take me back to work so we can get a vehicle.' I said, 'Well, we have still got a problem.. I've got to report to my parole officer in Florida, and I've got to have that money.' He don't want to hear that. 'I done just killed two people. I've done everything I could (to retrieve the money)... I couldn't have whupped him, so I let him go to work. I called later on that evening at about 5:00. He told (his wife) he had a family emergency in Iowa (so didn't go to work), got her car. He left his pickup there and called her on the payphone from the road. Said someone in his family was sick there. I asked (his wife) if she had a number. She said 'I have got his sister's number. Let me get that.' I called that number and she said, 'He ain't been here.' So he's bugged out, he's panicked.
(Later Hunter brought Ervin's car back to him. He told him what happened and of his concern for risking the revocation of his parole. Together the two drove back to the house of the crime scene. Ervin suggested they rob the house to get his money, when he realized the wealthy neighborhood in which the family lived) We started looking around the house. She had a 2-carrat ring. I got that. She had a couple fur coats, full-length sable (alcohol) and about $15-$16)
(When considering what to do with the bodies) Ervin said, I'll just bury them. Well I was desperate. (After putting the bodies into garbage bags) I carried this guy and I had strept throat, and a cold, so I turned the theromostat all up. And I kept dropping him. I couldn't even lift him into the trunk (of the family's car, a Lincoln), so I put him in the back seat. I said, 'let's get rid of him. We'll come back for her as soon as possible,... We took him out to where Ervin lived. I was exhausted (from sickness and months of heavy drug use), weak. (Several hours later we) went back up there (to remove her body). It was like an oven, the heat still cranked up. And she's laying there in this bag. And I was starting to pick her up and her body expelled all these gases. It made me sick. I was puking. She was rotting. (It was) the second day after she died
(The pair took the Lincoln, later abandoned it, getting a rental car which they used for a robbery in Puducah Kentucky, then it got burned up. Hunter says he later returned to Florida),...It was Ervin that got us arrested. That woman (Mildred Hodges) had written down Ervin's license when she looked out the window. (Police later found the notepad she had written it on and shaded the next sheet to find what they then found to be Ervin's car license number. A few weeks after the murders Ervin) led the police to us,... at first me and Cheek (the former Florida roommate he had ripped off). They (police) body-slammed me at my parole office....I decided to plead guilty and give Ervin what he deserved (for identifying Hunter. He says he lied to investigators, saying Ervin committed the murders along with him.).....
While I was in prison (just like Ervin), I learned a trade, data processing. I did about 11 years in prison for being involved in an execution-style murder. (Two years after being put on parole for that crime) I was making about $45,000 a year as a computer software engineer…(Just out of prison) I had been working with the (Missouri) Department of Revenue. In fact if you had to get your (car) license plates-- they're still using my software. And even the man who (was a supervisor of his) testified at my court hearing (for the murders of the Hodges), saying he would hire me on work release, parole or in prison. They asked him 'do you have any fear of this man'. He said, "No. In fact he gets along wtih the workers better than I do,….
Rep: I have seen and heard of it a few times, but most of the time prisoners say they are innocent. Most of them I know, are lying. Still there are at least a couple who actually are innocent.
BH: There's a lot more than just a couple. I would like to shove this (claim no innocent men have been executed during his watch) down (late-Gov.) Carnahan's throat. (Prior to his sentencing while)I'm in jail all right-- my (ex-)wife says to me, 'I don't believe you've done this.' So I said, 'Well, I'll tell you everything exactly what did happen, if you'll keep your mouth shut.' Cause I don't want to endanger this guy, who actually sold the guy this stuff (the cocaine) and actually killed them. But she (Hunter's wife/ex-wife) don't care about that.
Rep.: Well, now why wouldn't you want to identify him? He's the guy who owed you money, he's the guy who left town (without telling his own wife, according to Hunter)?
BH: I still wanted the money but I wouldn't tell on him. I mean and it wasn't her fault (his wife). She tried to call him. And she talked to him on the phone, told him he owed me money. He had hung up on her. See, I had known her. We played cards together, so anyway I finally told her (Hunter's ex-wife) the story. And she promised not to tell anyone. (Nonetheless) the next day she calls (Cole County law-enforcement officials) George Brooks (and others).. Now he (Brooks) had interviewed me. And his theory was this was a cult murder,...
(Hunter claimed Richard Hodges owed Hunter and his unnamed friend money from drugs used but not paid for)/ If you are going to buy some illicit drugs, you don't tell them (drug dealers) you aren't going to pay for them and you don't (as he and his mother threatened to) call the police. Y'know it don't work that way. I don't care if the stuff is junk. You pay or you defend yourself. And you don't defend yourself by calling the police. (Hunter expressed no remorse that the Hodges were killed)
(Brooks did listen to his ex-wife. What she said didn't fit with his theories). This was not a cult murder, not a hate crime, (Brooks surmised. At the time Brooks) thinks this was a common house crime.... He fails to file a police report on the statement my wife gave. (According to her, his face turned a real pale color because it was really the only thing(Hunter's account of the killings) that really fit. And immediately he wanted her to deny that and tried to talk her out of it,.. Their was no physical evidence (of her statement).
Rep: Not having the report from the wife?
BH: They didn't believe her.... (In the trial Brooks later said) 'I didn't write anything down.' He said 'I didn't believe it.' (her account. Hunter's attorney asked Brooks ) 'Do you just write down things that you believe (during an investigation)?' 'Well no.'... The police intentionally tried to withhold evidence from me.
Rep: With Thomas Ervin, for many years you didn't publicly acknowledge you had falsely fingered him for the killings. Why are you doing so now?
BH: I told (my) lawyers about this (he limit of Ervin's involvement) years ago, but they couldn't acknowledge it, they couldn't say anything publicly because of client confidentiality. If they did, they could have been called before court, themselves. They could tell him (Ervin-- but it wouldn't really help him that much)....But I think the greatest that could happen to him would be to get a life sentence. And he's good for a life sentence, just based on his participation, his movement of the bodies (and robbery). I think that would be great for him.
Rep: From your perspective anyway? So you don't want him to get off easy?
BH: Oh, he don't want to die. He's scared to death of death. So that would be perfect for him. He can just spend the rest of his life, hid down in there. He's been in protective custody since the day he turned up here in the prisons. He says he doesn't want to be anywhere near I am in prison, that I'm an animal and all this crap.
Rep: I must admit, I'm kind of mystified. Why do you want to protect the identity of this third person?
BH: There's no good that could come of it. (His attorney) Cheryl (Rafert) says the physical evidence couldn't really help me. And if could just cause further harm to his wife. He died several years ago.
Rep: Besides what good would come of such physcial findings? Could it help spare your life? And even if it could, would you even want that ?
BH: No, I don't want to be spared. I want this nightmare ended,….
He got his wish of that moment, though ambivalence with life or death in the prison, was a on-going theme for Bert Hunter’s incarcerated existence. Our wish with the FOR and Missourians to Abolish the Death Penalty, is that elected leaders and other officials will cease giving in to the human urge for revenge, one which overwhelms reason and compassion—hallmarks of a truly civilized society.
We too mourn the killing of Mildred and Richard Hodges and extend condolences to the family members whom will likely remain scared for all their days from the loss of their loved ones. No matter how many people we the state kill though, of course, the murder victims will remain lifeless. Please join efforts to spare the life of Tomas Ervin.