Judi (right) became the first woman to get the
electric chair in America since Rhonda Belle Martin was executed in Alabama on
the 11th of October 1957. She was the first woman to be executed in
Her execution on
Early Days.
Like so many of the other criminals
discussed in these pages, she had had a difficult childhood.
She was born Judias Welty,
in
Her father remarried and took Judi and Robert to live with his new wife in
Judi was miserable there and claimed that both her father and stepmother abused
her.
Allegedly she was beaten, starved, forced to work long hours as a virtual slave
- hardly an ideal upbringing for an adolescent girl. Her family eventually
pushed her too far and at the age of 14 she was sentenced to two months in
prison for attacking them and her two stepbrothers. After she was released, she
chose to go to a reform school rather than back to her abusive family and went
to the
Her first job came in 1960 when she was employed as a nursing assistant in
A life of crime.
She married for the first time on
James Goodyear, Sr. had done a tour of duty in
Judi soon found a new boyfriend in the shape
of Bobby Joe Morris who lived in
His family, however, suspected that Bobby Joe had been murdered and that he was
not the only victim. In 1974, Judi and Bobby Joe had been visiting Bobby Joe's
hometown of Brewton in
It is claimed that Bobby Joe's mother overheard Judi telling "The son of a
bitch shouldn't have come up here in the first place. He knew if he came up
here he was gonna die". Bobby Joe confessed to
his part in this killing on his deathbed. However, at the time, the police
could find no fingerprints inside the room and no bullet was recovered from the
corpse so they did not have enough evidence to bring charges. On
Michael Buenoano,
as he had now become, had done badly at school and joined the army in June
1979. He was based in Georgia. He soon started to show signs of illness and was
diagnosed as suffering from arsenic poisoning which rapidly affected his upper
and lower limbs. He was given heavy metal leg braces in the military hospital
and on discharge, into the care of his mother, unable to walk or use his hands.
On
On
In February, the body of Bobby Joe Morris was exhumed and arsenic found. It was
also found in the body of James Goodyear who was exhumed in March of that year.
Judi was tried separately for each murder and for the
attempted murder. She was sentenced to life imprisonment without parole for the
first 25 years on
It is estimated that she collected around $240,000 in insurance money from the
deaths of her husband, son and boyfriend in
Judi pictured at her trial
On death row.
Condemned female inmates are housed
at the
Inmates may receive mail every day except holidays and weekends. They may have
cigarettes, snacks, radios and black and white televisions in their cells. They
do not have cable television or air-conditioning and they are not allowed to
associate with each other. They can watch church services on closed circuit
television. While on death watch, (after a death warrant has been signed),
inmates may have radios and black and white televisions positioned outside
their cell bars.
Death row inmates wear orange t-shirts and blue colored pants (as worn by
regular inmates). They are counted at least once an hour and are escorted in
handcuffs to the exercise yard and the shower. They are confined to their cells
at all other times, except for medical reasons, exercise, social or legal
visits or media interviews.
It is a fairly harsh regime for long term incarceration.
Judi spent the 13 years writing letters and crocheting blankets and baby
clothes and also taught Bible study to other inmates. A former death row
inmate, Deirdre Hunt, claimed that "Judy was like a mother to me."
Execution.
All executions in
Judi's last appeal was turned down on
Judi spent her final hours seeing her adult children, Kim Hawkins and James Goodyear,
other relatives and her legal and religious advisers. Jeanne Eaton, a cousin
who visited before the execution, was quoted as saying afterwards "She had
no fear at all, she’s mostly afraid of leaving her children and how upset they
were." In a television interview a few days before the execution, Judi
said "I would like to clear the record for my grandson, I would like for
him to know that his grandmother was not a murderer."
Execution was set for
Judi entered the execution chamber at
Asked if she had a final statement, she replied "No sir," squeezing
her eyes shut and keeping them shut, not looking at the witnesses on the other
side of a glass partition. A leather mask was placed over her face and at the
signal from the warden, the automatic electrocution cycle commenced at
In an interview afterwards, prison spokesman Gene
Morris said. "She was very solemn. This is the first time I’ve seen that
expression on her," he said. "She stared straight ahead, made no
visible expression."
Judi's was the third of a series of four executions carried out in
The execution protocol is as follows : - The automatic cycle begins with a nominal 2,300
volts, 9.5 amps, for 8 seconds; 1,000 volts, 4 amps for 22 seconds; and 2,300
volts, 9.5 amps for 8 seconds (actual values below). When the cycle is
complete, the equipment is manually disconnected and the safety switch is then
opened. In Judi's case, the cycles of electricity were officially recorded as
follows :
Cycle |
Volts |
Amps |
Ohms |
1 |
2000 |
9.4 |
212.8 |
2 |
650 |
2.9 |
224.1 |
3 |
1,900 |
9.4 |
202.1 |
Conclusion.
Judy was dubbed the "Black
Widow" at her trial by
Like so many of the other cases examined on
these pages, Judi had a hard and difficult upbringing. One wonders how this
affected her personality. Did her own low self-worth lead her to the view that
the lives of others were also of little value while her hatred of childhood
poverty made her resolve never to be poor herself? It would seem that the
motive for the arsons and the murders was principally for financial gain as
Russell Edgar said and that she had a shallow relationship with her husband and
boyfriends.
Did she think, as so many have done before her, that she would somehow get away
with murder. She very nearly did - had she not tried to kill John Gentry she
may well have done. According to Ted Chamberlin, the
Pensacola detective who painstakingly examined her past and discovered her
trail of insurance scams and death. "Judy just went one murder too far. If
she’d just let that last boyfriend alone, she probably could have walked away
from the other murders." He described her as " the coldest killer I
ever knew."
It seems that once a person has committed the first murder, each successive
crime is easier and when the perpetrator can just walk away from it without too
many awkward questions (as she had done), - why not do it again when it so
profitable?
It is probable also that she never thought
that she would actually one day sit in the electric chair. Hardly any of the
women who committed murder in the US have been sentenced to death and virtually
none executed even if the occasional jury had voted for death. No woman had
been executed in
Appendix.
United
States Court of Appeals,
Eleventh
Circuit.
No. 98-1104.
In
Re: Judy A. BUENOANO, Petitioner.
March
29, 1998
Application for Leave to File Second or
Successive Petition for Writ of Habeas Corpus.
Before TJOFLAT,
PER CURIAM:
Judy Buenoano is
scheduled to be executed on the morning of March 30, 1998 for the arsenic
poisoning murder of her husband James Goodyear in 1971. We have previously
affirmed the denial of her first federal habeas petition. See Buenoano v. Singletary,
963 F.2d 1433 (11th Cir.1992), on return
from remand, Buenoano v. Singletary, 74
F.3d 1078 (11th Cir.1996). The procedural history of the case through that
stage is contained in our two prior opinions. The procedural history of the
case since our last opinion was issued is contained in the Florida Supreme Court's
latest opinion in the case, Buenoano v.
State, --- So.2d ---- (Fla. Mar. 26, 1998), which affirmed the
state trial court's denial of Buenoano's third state
post-conviction motion and her request for stay of execution.
Buenoano has now filed a motion pursuant to 28 U.S.C.
§ 2244(b) seeking an order authorizing her to file and the district
court to consider a second federal habeas corpus petition attacking the state
court judgment pursuant to which she is to be executed. She seeks to raise two
claims in that second petition: 1) the State withheld critical exculpatory
evidence of guilt or presented false or misleading evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and Giglio v. United States, 405 U.S. 150, 92 S.Ct.
763, 31 L.Ed.2d 104 (1972); and 2) she was denied her right to a fair and
impartial jury because one of the jurors failed to disclose during jury
selection that he had been convicted of involuntary manslaughter. Buenoano raised both of these claims in her third state
post-conviction proceeding, and the Florida Supreme Court's comprehensive
opinion affirming the denial of relief in that proceeding accurately sets out
the facts relating to each of the claims. See
Buenoano, --- So.2d at ----.
The showing Buenoano
must make before she is entitled to file a second federal habeas petition,
since her claims are not based on a retroactively applicable new rule of
constitutional law, is prescribed in 28 U.S.C. § 2244(b)(2)(B). Under
§ 2244(b)(2)(B)(i), Buenoano is required to
show that the factual predicate of her claim could not have been discovered
previously through the exercise of reasonable diligence. Under §
2244(b)(2)(B)(ii), she is also required to show that "the facts underlying
the claim, if proven and viewed in light of the evidence as a whole, would be
sufficient to establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would
have found [her] guilty of the underlying offense."
As to the Brady
and Giglio
claim, even assuming that Buenoano has met the first
requirement of § 2244(b)(2)(B), she has failed to meet the second one.
Her new evidence relates to Special Agent Roger Martz's credibility. He did not
even testify against her in the trial that resulted in her death sentence,
which was imposed for the murder of James Goodyear. His laboratory examination
of capsules Buenoano had given to John Gentry, a man
with whom she was living in 1982, did lead to a stipulation at the trial that
those capsules contained poison. The most Buenoano
could hope to achieve with her new evidence about Special Agent Martz is
erasure of that stipulation. However, even erasing that stipulation entirely,
the evidence that Buenoano murdered James Goodyear in
1971, the only crime for which she was sentenced to death, is still quite
strong.
It was essentially undisputed that John
Goodyear, Buenoano's husband, died as a result of
acute arsenic poisoning. See Buenoano v. Singletary, 74 F.3d at 1080.
Special Agent Martz had nothing to do with that determination. Despite the fact
that Goodyear was obviously seriously ill and even hallucinating, Buenoano hesitated to take him to the hospital. See id. Furthermore, as we have
previously summarized:
Two of Buenoano's
acquaintances, Constance Lang and Mary Beverly Owens, testified that Buenoano discussed with each of them on separate occasions
the subject of killing a person by adding arsenic to his food. Lang testified
that Buenoano had joked on several occasions about
lacing her husband's food with arsenic. Owens testified that after hearing an
upsetting phone call between Owens and her husband, Buenoano
suggested that Owens take out more life insurance and then poison him with
arsenic. Following Goodyear's death, Buenoano
collected $33,000 in life insurance proceeds and $62,000 in indemnity
compensation from the Veterans Administration. Owens and another acquaintance, Lodell Morris, both testified that Buenoano
admitted killing Goodyear.
Id. at 1080-81. There was more evidence:
After Goodyear's death, Buenoano
lived with Bobby Joe Morris, who became ill and died after exhibiting the same
symptoms that Goodyear had exhibited. When Morris's remains were exhumed in
1984, the tissue analysis revealed acute arsenic poisoning. Buenoano
collected approximately $23,000 in life insurance proceeds following Morris's
death.
Id. at 1081. None of that evidence involved, either directly or indirectly,
Special Agent Martz.
Accordingly, even if there is some constitutional
error (which is by no means clear) connected with the new evidence relating to
the stipulation about the capsules Buenoano gave to
John Gentry, Buenoano clearly has failed to meet her
§ 2244(b)(2)(B)(ii) burden of showing that but for that error "no
reasonable factfinder would have found [her] guilty
of the underlying offense."
Buenoano's claim concerning one of the jurors at her trial
failing to disclose that he had been convicted of involuntary manslaughter is
not based upon a new rule of constitutional law that the Supreme Court has made
retroactively applicable to her case, so the § 2244(b)(2)(A) exception
to the bar against second habeas petitions does not apply. The §
2244(b)(2)(B) exception is also inapplicable because, even if the facts she
alleges concerning the juror were proven, that would not establish by clear and
convincing evidence that, but for any related constitutional error, no
reasonable factfinder would have found her guilty of
the underlying offense.
The application for an order authorizing the
filing of a second federal habeas petition is DENIED.
Buenoano's request for a stay of execution is denied. The panel
will not entertain a petition for rehearing.
APPLICATION DENIED; STAY DENIED.
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