Showing posts with label Death Penalty. Show all posts
Showing posts with label Death Penalty. Show all posts

January 10, 2023

The Shooting of Maria Marshall: Greed, Corruption and Murder in New Jersey

 

Maria Marshall (photo source)


The 1980s were a decade of wealth and excess and Toms River, New Jersey personified all of that in its forty or so miles of land.  The Ocean County Mall, opened in 1976, became Toms River's most popular recreational spot, where shopping was king.  Once considered a Memorial Day through Labor Day vacation spot for New Yorkers, Philadelphians, and those living in northern Jersey (greatly helped thanks to the Garden State Parkway), Toms River became somewhere the executives didn't just get away to but chose to live.  Appearance was everything, from your house and neighborhood to the car you drove and the designer clothing you wore.  Anyone who was anyone belonged to the country club with its golf course and made sure to be seen there.  The ultimate status symbol, however, was to be able to take frequent trips to Atlantic City, to enjoy the glitz and gambling, only forty miles down the Garden State Parkway.

Rob Marshall not only exemplified the acceptable status quo of affluence in Toms River, he reveled in it.  A successful, if cutthroat and pushy, insurance salesman, he and his wife Maria had moved to Toms River in the mid 1960s, quickly joining the country club and becoming the creme de la creme of Toms River society.  By 1984, an in-ground swimming pool had been added to their Crest Ridge Drive home, a timeshare in a Florida condo was purchased, as well as a boat, a Cadillac for Rob, and a pricey designer wardrobe for Maria.  The couple had three sons: Robert, Jr. - called Roby - Chris, and John.  The two eldest boys, Roby and Chris, also had their own cars; a yellow Mustang and a Jeep, respectively.  John, only thirteen in 1984, was too young to drive but Rob had already promised him a Porsche when he reached driving age.

Maria Marshall was a beautiful and elegant lady, envied by others not only for her looks and impressive wardrobe but for the relationship she had with her sons.  Although all were teenagers and typically of the age where spending time with friends far outweighed evenings at home with Mom and Dad, all three of Maria's sons were devoted to her.  And with good reason.  Maria was not only a loyal wife, she was also a fiercely devoted mother who rallied behind her children, encouraging them on, and delighted with the young men they were becoming.   

The only apparent blight on the surface of the Marshall family in the summer of 1984 was Roby being suspended from Villanova during his freshman year four months earlier thanks to an incident involving a group of fellow underclassmen, beer, and a resident assistant's door being kicked down.  He had been instructed that he would have to attend his sophomore year of school elsewhere and then await readmission in January.  Rob, a Villanova graduate himself, had been angry at Roby's behavior and how it would make not only Roby, but the Marshall family as a whole, look.  In addition to refusing to purchase him a promised new Mustang convertible at the completion of his freshman year, Rob had subjected Roby to cold silences and bursts of temper throughout the summer of 1984.  

Thursday, September 6, 1984 was a routine day for the Marshall household, at least for everyone except Chris, just beginning his freshman year at Lehigh University.  Rob worked, John went to school, and Roby, who didn't have classes or an early work schedule, slept in.  Maria, Rob, and Roby had lunch out before Rob returned to work.  He and Maria planned what had become a weekly ritual for them - dinner and blackjack at Harrah's Marina in Atlantic City.  Over the years Rob had become such a devout gambler at the casinos that he not only named his boat "Double Down"  but organized casino bus tours out of their home and cofounded The Winner's Circle, an instructional club.  While Maria may not have been quite so enamored with the casinos, she did enjoy dressing up, showing off her carefully selected wardrobe, and the attention that was lavished on her at the restaurants.  The couple left home around 6:15 p.m. for their 8:30 p.m. dinner reservations, after Roby complimented his mother on how she looked and gave her a kiss goodbye, as he often did.  The night was unseasonably chilly. 

The rest of that evening for Roby passed as any other would have.  He watched television, did some sit ups, called his girlfriend to talk, and then went to bed around midnight.  It was only hours later that his bedroom light was flicked on by his father, who was wearing a bloodstained shirt and crying.

Maria and Rob

Robert Marshall was born in December of 1939 in Queens, New York to a salesman and his wife, the first of five children.  Rob's father was an alcoholic, which prevented him from holding down a job for long, requiring the family to move regularly and live in rental properties and hotel rooms.  Rob's mother was a devout Catholic; her religion kept her not only from leaving her husband but preventing pregnancy.  By the time Rob was sixteen, he was living in Haverstown, Pennsylvania, the tenth of his homes.  He felt estranged from his family and superior to his parents.  Although he wanted more than his parents had, school became a problem for him.  He flunked eleventh grade, requiring him to go to summer school.  While there, he met a boy who was forming a dance band and as Rob liked the play the drums, he volunteered to be the new band's drummer.  One of the band's first gigs was playing at a going away party for the older brother of another member, who had enlisted in the Air Force.  At that party, Rob met a pretty fifteen-year-old named Maria Puszynski.    


As offput as Rob was by his own family, Maria was close to her parents, who cherished their only child, a beautiful blonde daughter who had been born in Philadelphia.  Maria attended a Polish Catholic school, where her sweet disposition and lovely singing voice made her a favorite of the nuns.  Maria's parents, especially her father, made it clear that the boys were not welcome in their home and so Maria began dating Rob secretly.  For Rob, the beautiful blonde doctor's daughter was his first status symbol.

Rob and Maria continued dating throughout the remainder of Maria's high school years.  She never discussed Rob with her parents until she was in college - at which point he too was in college.  Rob had joined the Naval Reserve when he tuned eighteen and had his eye on Annapolis.  Despite spending an entire year prepping for his SATs, he did poorly and was not accepted at Annapolis.  He barely made it into Villanova, at that time not one of the more rigorous academic schools.  He was, however, in college and the Navy ROTC program so he and Maria hoped it would be enough to put her father's mind at ease.  Dr. Vincent Puszynski did not like Rob or his family from the start.  He thought they put on airs to appear better than they were and were terrible spenders - hardly what he wanted for his only child.  Maria was in love and wanted to marry Rob. 

Despite his goals and ambitious nature, Rob barely graduated from Villanova; his 1.9 grade point average fell below the 2.0 requirement to graduate.  He was, though, gifted with a silver tongue and he managed to convince one of his teachers to change a "D" to a "C" and was allowed to graduate in June of 1963.  He went on to Pensacola for Navy flight training and completed the course in November of 1963 and was then accepted for helicopter training.  Just over a month later, on December 28, 1963, he and Maria were married. 

Their first year of married life was spent overseas and in Florida before Rob was assigned to the Naval Air Station in Lakehurst, New Jersey.  It was the first time he saw Toms River and he liked the proximity to both the beach and the base and the cheap availability of homes.  For Rob, perhaps best was that Philadelphia was close enough that Maria could visit her parents, but it was not so close that they would be a continual presence.  He and Maria moved into their first home just before Roby was born.  A year later, Chris joined the family.  

Rob had the keen foresight to realize that Toms River was becoming a boom town with many families like this, just starting out and wanting to be responsible.   No longer in the Navy, he chose to become an insurance salesman.  A natural fit, he sold more than two million dollars' worth his first year, making him one of the company's top 50 salesmen in the country.  He repeated it the next year and so the family packed up and moved to a larger house three blocks away.  It was where they were living when their third son John was born in 1971.  The good times continued to roll on for them and in 1973, they moved into a brand-new house that Rob had hired an architect to design on Crest Ridge Drive.

The Marshalls had arrived, treated very nearly like royalty in Toms River.  Not only were they viewed with respect (and maybe jealousy) at the country club or on the tennis court but even at church on Sundays, where Rob drove the family in his red convertible Cadillac, with the boys in their suits and ties and Maria stylishly attired.  Rob seemed endlessly proud of his wife, whom he often called "the beautiful Maria."  

Maria (photo source)

The Investigation

Bob Gladstone, the lieutenant in charge of homicide in the Ocean County prosecutor's office, had been sleeping soundly in the early morning of Friday, September 7 when he was awakened by a call at 2:15 a.m. telling him that a woman had been shot to death at a picnic area off the Garden State Parkway.  Arriving in less than an hour to the crime scene, he found a white Cadillac with the lifeless body of 42-year-old Maria Marshall still face down across the front seats.  At first glance, she could have been mistaken for being asleep - were it not for the bullet wounds in her back.  Gladstone was told that Maria's husband Rob, bleeding from the head, had been taken to the hospital.  

The site of Maria's homicide was horribly, terribly dark.  Despite being just off the always busy Garden State Parkway, the picnic area, with its tables and trash cans, was not just extremely well shielded from the roadway but the myriad of evergreen trees surrounding the area muffled the noise of passing cars.  The Cadillac had apparently pulled in and stopped roughly a hundred feet from the end of the asphalt blacktop and from where an unlit cinderblock restroom structure stood.  The right rear tire of the vehicle was completely flat.

A state police officer filled Gladstone in on the information he had.  Rob said he and Maria had left Atlantic City around midnight, following their dinner and some gambling.  It was after passing a toll plaza that he felt a vibration in the car.  Suspecting it might be a tire, he had pulled into the picnic area to check it.   While looking at the back tire, he noted a dark sedan pull into the area and stop perpendicular to his car, about 30 feet away.  He said he ignored the vehicle and did not see nor hear anyone exit from it.  He went to Maria's door, which she opened, and he advised her to pop the trunk so that he could fix the tire.  It was then, according to Rob, that he was struck on the head and knocked out as he turned away from Maria.  He wasn't certain how long he was unconscious but when he came to, he saw that Maria had been shot.  He was unable to rouse her and ran out into the roadway to flag down help.  He added that he had over $2,000 in his pants pocket that was missing.  

Gladstone was immediately suspicious.  As dark as the site was, how on earth could Rob Marshall - or anyone, for that matter - change a tire?  Why did Rob continue on past the toll booths, always busy and always lit up, to choose a picnic area with a clear sign denoting it was closed after dark?  Why had he not continued three more miles to the Roy Rogers restaurant?   Why had the assailant or assailants clocked Rob in the head but shot Maria twice in the back?  Why did the tire have a clean cut in it with no signs of it having been driven on flat or low on air?  And while Maria's handbag was missing, if the motive was robbery, why was she still wearing a gold necklace, a gold bracelet, and three rings?  

At the hospital, Rob received five stitches before being discharged.  He was on his way out when Ocean County homicide sergeant Danny O'Brien, dispatched by Bob Gladstone, encountered him.  Since the murder happened on a state parkway, O'Brien could not take a statement from Rob without a state trooper present but told Marshall, who was headed home to "break the tragic news" to his sons, to sit tight and stay at home until authorities arrived.  In O'Brien's opinion, Rob Marshall, in his blue blazer and tan slacks, did not look seriously injured, nor like a man who had just lost his wife to violence.  Instead, he appeared to be on his way to the yacht club.   

Just after 5 a.m., after Rob had woken up Roby and John to tell them their mother was never coming home, O'Brien arrived at the Marshall residence with two state officers in tow.   Rob offered the gentlemen drinks (which they declined) and then was taken to a local precinct for a formal interview.  He reiterated what he had said several hours earlier, adding only that the car had not seemed right almost immediately after leaving Atlantic City and had only gotten worse the further north they traveled.  He answered standard questions - he and Maria had been married for almost 21 years and the problems they had - financial - were due to Maria's excessive spending and living beyond their means.  They had briefly tried marriage counseling as a result.  He also said, in an attempt "to be perfectly candid" that Maria had suspected him of cheating on her, which he flatly denied.  He also denied killing Maria, saying that he loved her.  O'Brien noted that both before the interview started, while in a squad room, and in a car on the way back home, Rob fell asleep.  

Maria and Rob shortly before her murder (photo source)

Shortly after 9 a.m. on that Friday morning of September 8, Bob Gladstone got a call from a former state policeman turned private detective by the name of Fred Grasso.  Grasso informed Gladstone that Maria Marshall, "the nicest lady anyone could hope to meet," had been a client of his.  He had first been contacted by her in December of 1983 following suspicions that Rob was having an affair.  Maria and Grasso had met in a grocery store parking lot, as she had been terrified she would be spotted going into his office.  Maria had given him a hundred-dollar bill, nothing that she needed to pay him in advance due to "the way our money's disappearing."  Grasso didn't think much of Rob Marshall, considering him a schmuck, and told Gladstone that the only enemy Maria Marshall would have in the world would be her husband.      

Not long after talking to Grasso, Gladstone heard from an attorney named Michael DeWitt.  DeWitt had gotten Maria as a client in December of 1983 from Tom Kenyon, an attorney who had also referred her to Fred Grasso.  Once Maria had told Kenyon her suspicions of Rob cheating on her and who with, Kenyon, knowing the alleged other woman, had decided it might pose a conflict of interest for him.  He helped her to find other legal counsel.  According to DeWitt, Maria's problems weren't just an unfaithful husband - Rob was indeed having an affair and with the local high school's vice principal - but in fact, they were in deep financial distress.  Rob had sent the family into financial despair and had attempted to fix or disguise the problem with a $100,000 home equity loan in which he had signed Maria's name on the loan application.  DeWitt had prepared a divorce filing for Maria, as well as a bankruptcy petition, but Maria had wanted to save her marriage, not end it.  At least until the summer of 1984, when she became seriously concerned that her husband was involved in criminal activities that included using, and even selling, cocaine and falling into the underworld of the Atlantic City casino scene.  DeWitt had once more prepared a divorce filing for her in July of 1984, including naming Sarann Kraushaar, Pinelands Regional High School's vice principal, as co-respondent.  DeWitt also prepared a notice of lis pendens, which would place a lien on the family home and keep Rob from using it as an asset in any way.  He had the papers ready to go on July 26, but Maria asked him to hold off as the Marshalls were leaving for vacation on July 27, and she really hoped to resolve the matters privately.  DeWitt had seen her one final time before her death; in mid-August, Maria had stopped by his office to pay her bill.     

While Gladstone was receiving information from Grasso and DeWitt, an autopsy was being conducted on Maria's body.  She had been shot twice in the back at very close range with a .45-caliber pistol.  The two entrance wounds were close enough that a fifty-cent piece could cover them both.  One bullet had exited through the front of her chest, one through her left breast.  The trajectory of the bullets, as well as a .45-caliber bullet found lodged in her left forearm, indicated that she had been lying down with her left arm under her when she was shot.  Her cause of death had been the massive hemorrhaging caused by her left lung and the main artery of her chest being lacerated.  Death would have been instantaneous.  Whoever had shot her had one intention in mind: murder.  To Gladstone's eye, Maria Marshall's homicide had all the earmarks of an execution. 

Following the end of the school day, around 3:30, Sarann Kraushaar was brought in, fingerprinted, and a mug shot was taken.  She demanded two lawyers before she would speak to detectives Al McGuire and Tony Mancuso.  Once she was advised of her rights and informed she was not under arrest and anything she said was voluntary, she admitted that she and Rob Marshall had begun an affair in the summer of 1983.  She said that Rob was unhappy in his marriage and told her that Maria was too possessive and spent too much money.  As she herself was not happy with her husband, she and Rob had decided they were going to leave their respective spouses. They had rented a beach house in Manahawkin, as well as a joint safety deposit box and had just signed papers for a joint checking account.  They also had a downtown post office box in which they exchanged letters and tapes declaring their love for each other.  In fact, the week following Maria's death had been the week they had chosen to announce to their families they were leaving their respective marriages.  

Sarann said she had seen Rob the day before around 4 p.m.  They had met in one of their favorite parking spots and had chatted for an hour to an hour and a half.  Rob had complained about having to go to Atlantic City because Maria "insisted" they go.  When they parted ways around 5:30, Sarann had gone to a Toms River gym, where she lead an exercise class, and then had gone to a birthday dinner for her father with a small group of friends in Bricktown.  Rob had called her at school that Friday morning to tell her that Maria was dead.  He had broken down crying, saying that he had not wanted it "to be like this."   He essentially told her the same story he had told the first officer on the scene before being taken to the hospital.  Sarann also remembered that Rob had been experiencing financial difficulties and had taken out a $100,000 second mortgage on his house.  Allowed to speak with her attorneys for a few moments when the detectives left the room, she added that before Christmas of 1983, Rob had told her that the insurance he had on Maria would take care of his debts.  According to Sarann, he wished Maria wasn't around and asked her if she knew anyone who could "take care of it."  Sarann told him she wanted nothing more to do with him if he were serious but did provide him with a name of someone she knew of who had had run-ins with the law and might be able to help him. 

On that same long day of Friday, September 7, Gladstone received a call from a Philip Girard.  Girard, an insurance agent, had felt unsettled and deeply concerned when he heard of Maria's murder.  According to him, on Monday, September 3, he had been contacted by Rob Marshall, who wanted an insurance policy taken out on his wife in the amount of $100,000.  Marshall was in a very big hurry to get the policy taken out and into effect, to the point of where he wanted the paperwork and medical examination done within 48 hours.  He said that he and his wife were leaving on a vacation at the end of the week, and it was imperative the policy be in force by then.   Girard had arrived at the Marshall home around noon on Thursday, September 6, roughly two hours after the medical examination was conducted.  Rob, Maria, and Roby were on their way out to lunch, but Rob took Girard into his home office to complete the paperwork before heading out to lunch with his wife and eldest son.  

Maria's parents, Vincent and Helen, hold a photo of their daughter (photo source)

Monday, September 10 was the day for Maria's memorial service, held at St. Joseph's Church.  Over the objections of Maria's parents, who were strict Catholics, Rob had had Maria's body cremated within hours of the completion of her autopsy.  While not much was said about the memorial itself, plenty was said about the reception held afterwards at the Marshall house.  Some 150 to 200 people had shown up and Rob had gone from guest to guest, offering to top off drinks, urging people to eat the food, and remarking on how much Maria would have loved it all.  For those who had not suspected Rob of involvement in his wife's murder before this, the grotesqueness of it all began to create doubt in his innocence.    

Two days before the service in which Roby, Chris, and John Marshall would say goodbye forever to their mother, and only a day after she had been killed, their father had sat them down to tell them that he had someone special in his life - Sarann Kraushaar.  Rob warned them that there could be talk of his involvement, and the police might even suspect him, but it was common for the husband to be considered a suspect in such cases.  

While Rob appeared anxious to let his sons know of his involvement with Sarann Kraushaar, Chris nursed a secret that was painful to him.  From the moment his father had entered his dorm room on Friday, September 7 and told him "something terrible has happened," and after the shock had passed, Chris had wondered.  He wondered if his mother had suffered, if she had been afraid, and if she had said anything.  His father's vague answers to his questions had frustrated and tormented him.  He wondered why his mother hadn't run the hundred or so yards to the parkway, to seek help from a passing motorist.  Chris knew that she could have been shot while running away but at least she could have had a chance versus lying in the car, waiting to die.  Most of all, he wondered if his father was somehow involved.  The question made him feel disloyal, irrational, and that his doubt was unforgivable.  Chris was a studious, serious-minded young man who, although he physically resembled his father, had inherited his mother's gentle and loving personality.  He felt as though he couldn't or shouldn't tell anyone about his doubts or suspicions.    

Rob's brother-in-law, Gene Leady, was an attorney who lived in Wilmington, Delaware.  Hearing of Maria's murder, he headed to Toms River at once and accompanied Roby and John to Philadelphia to inform Maria's parents of her death.  Like Chris, he too had doubts and suspicions.  He also had a secret and he was going to confront Rob with it.  On that same Saturday that Rob told his sons of his affair with Sarann Kraushaar, he also confessed to Gene, who had not been surprised.  He informed Rob that Maria had known all along; she had found a secret toiletry kit Rob kept for his assignations with Sarann, as well as tapes with various love songs on them, and had put together a file with American Express charges to various motels in the area.  Maria had called Gene on Tuesday, September 4.  She had been frantic, saying that everything was coming to a head, and she was finally ready to confront Rob.  She wanted Gene to be there when she did and he agreed to support her.  He and Maria had planned to sit down together with Rob on Monday morning, September 10. 

Gene had looked at the facts of Maria's death as calmly and logically as he could.  After being told by Rob that Maria had $1.5 million worth of life insurance, he bluntly replied that everything was pointing to Rob and he should probably get an attorney.  Rob said Gene's thoughts were impossible; he was far too prominent in Toms Rivers, too high up on the civic ladder to ever be accused of such a thing.  His reputation, at least as far as Rob himself was concerned, made him beyond reproach.  

Sal and Paula Coccaro had been friends of both Rob and Maria.  They had met at the country club and both Sal and Paula grew to love Maria dearly.  Her murder had left them both shocked and numb.  They had joined the Marshalls for dinner at Harrah's a week before Maria was killed and Sal remembered the dinner conversation he and Rob shared very well.  Rob had talked about how he kept at least a million in insurance on Maria as a good selling point and that he and Maria had both decided to be cremated when the time came, a point he mentioned several times.  The majority of their dinner, however, was spent with Rob talking about how he was taking every Friday off from work to devote to the family as a means of repayment to Maria for all she had done for him.  According to Rob, the practice had rekindled their relationship into a full-fledged romance.  He told Sal how to do the same, making sure that all his work was done by Thursday and that Sal owed it to Paula.  Sal had been somewhat irritated by the way Rob was practically lecturing and patronizing him that night at Harrah's but it would be nothing compared to the anger he felt on Saturday, September 8.  Following his discussion with Gene Leahy, Rob sat down with Sal to admit to the affair and the financial problems.  Sal felt that Rob was nothing but a hypocrite and worse, a hypocrite that blamed Maria for their financial problems.  Sal was very familiar with Sarann Kraushaar; he was friends with her husband.  He was aware of her reputation around town for not only being flirtatious with the husbands of other women but actually being called Toms River's very own Madame Bovary.  That Rob would throw away two decades of marriage to someone as wonderful as Maria made Sal feel sick, a point he mentioned to Rob.  He also brought up the fact that Rob seemed to have little to no concern for the grief his sons were suffering.  

On Tuesday afternoon, September 11, as he was leaving the house, Roby was confronted by several reporters who had been waiting outside.  They peppered him with questions - did he know about his father's affair?  Was his father in debt to the casinos? - before asking him if he had heard the rumor that Rob would shortly be arrested for his mother's murder.  Keeping his mother's gentle nature and proper manners in mind, he declined to comment on those subjects but stressed that if the reporters knew his father and had seen his parents together, they would know there was no way Rob was involved.

Later that night, Rob made a tape for Sarann which included some of their favorite love songs.  He cried about how much he loved and missed her but told her what he was currently undergoing was bringing him closer to God.   

The Louisiana Connection 

The same day that friends and family were honoring Maria in a memorial service three days after her murder, attorney Michael DeWitt brought his file on Maria Marshall to Bob Gladstone.  Of particular interest, DeWitt thought, was a note Maria had sent him on July 23.  Along with the words "Holding my own, pray for me," she had attached three telephone numbers with the area code 318 she had gleaned from their telephone bills.  DeWitt found out that area code 318 serviced western Louisiana.  Soon enough, Gladstone was able to get a printout of toll calls to and from the Marshalls' home and Rob's office for the six months prior to the murder and struck paydirt.

The first number on the list was for a hardware store in Shreveport.  That number appeared on the Marshall phone records a good twenty times starting in June of 1984.  The last call had been on Wednesday, September 5.  

The second number belonged to 47-year-old Robert Cumber, who lived in Bossier City, just outside of Shreveport.  Cumber's number appeared on the Marshall phone records at least ten to twelve times.  Not coincidentally, Cumber worked at the hardware store in Shreveport that had exchanged at least twenty calls with the Marshall residence.    

The third telephone number, appearing a few times on the phone records, was for a payphone located outside an Exxon gas station ten miles west of Shreveport.

The Marshall phone records provided Gladstone with more information.  On Thursday, September 6, Rob had called Sarann Kraushaar at work at 9:46 a.m.  At 9:48 a.m., she had called him back from a different line, something she had neglected to mention in her interview.  Their call had lasted ten minutes, until another call had come in for Rob at 9:59 a.m.  That incoming call had come from a payphone at the Airport Motor Inn in Atlantic City.  It would be two days later when Gladstone learned that eight minutes after that 9:59 a.m. call was received, someone had called the payphone at the Airport Motor Inn from a payphone outside a 7-Eleven store five minutes from Rob Marshall's office.

On Tuesday, September 11, the same day Roby Marshall would tell reporters there was no way his father was involved in his mother's death, Detective Danny O'Brien, who had first laid eyes on Rob Marshall in the hospital within hours of Maria's death, traveled to Atlantic City and the Airport Motor Inn.  Looking at the motel's register, he discovered that a James Davis of Shreveport, Louisiana checked in shortly after seven in the morning on Thursday, September 6 and checked out the next day.  Davis had paid the rate for a double occupancy. 

Insurance information began coming in on Tuesday as well.  In addition to two separate $100,000 policies that Rob had taken out on Maria years earlier through his own company, he had taken out a $500,000 policy with the Banner Life Insurance Company in September of 1983; a $500,000 policy with the Manhattan Life Insurance Company in February of 1984; a $100,000 policy with the Firemen's Fund Company in February of 1984; a $100,000 policy with the Minnesota Mutual Life Insurance Company in April of 1984; and then the $100,000 policy that Rob had rushed into effect the week Maria died.  $1.2 million of the insurance policies had been obtained after the affair with Sarann Kraushaar had begun.  

On Thursday, September 14, Gladstone studied records he'd obtained from both a credit check and Harrah's Marina.  The Harrah's report showed that Rob had made 25 visits to the casino between January of 1984 and September 6.  He had played blackjack for roughly ninety-three hours and seven minutes over the course of those visits and his average bet was $131.  He had a credit limit of $10,000 and at the time of Maria's murder he owed the casino $3000.

The $100,000 home equity loan that Rob had forged Maria's signature on had been raised to its $130,000 limit in the spring of 1984.  In April, Rob had taken out a $20,000 loan from the First National Bank of Toms River and another $15,000 in May.  He followed those up with a $30,000 loan from Navy Federal Credit Union and a $12,000 loan from Citibank.  Over the summer he had applied to raise the credit limits on his Visa and MasterCard accounts; both were denied.  

On Friday, September 15, Gladstone discovered that James Davis's trip to Atlantic City the last day of Maria Marshall's life was not his first.  He had traveled to Atlantic City on June 18 but had stayed at the far more luxurious Harrah's Marina.  June 18, perhaps not coincidentally, was the same day that Rob had attempted to acquire a $20,000 term life policy for Maria from Bankers Life in Chicago.

The New Jersey detectives had asked Shreveport detectives to pay a visit to Robert Cumber and see what he had to say, if anything, about Rob and Maria Marshall.  Cumber said that he had met the Marshalls in May in New Jersey at a party for a family friend.  The friend he mentioned, detectives learned, allegedly had ties to organized crime and was also connected to the person Sarann Kraushaar brought up to Rob when he mentioned "taking care of" Maria.  According to Cumber, he had spoken to Rob about IRAs and only IRAs.     

Oyster Creek picnic area, the site of Maria's murder (photo source)

On Tuesday, September 18, Gladstone, Mancusso, and O'Brien flew to Shreveport.  Robert Cumber repeated the same story to them about speaking to Rob Marshall about IRAs.  They had no luck speaking with 49-year-old James Davis, who flatly denied knowing Rob or Maria Marshall or ever setting foot in New Jersey or the Airport Motor Inn, despite what the records said.  

On September 20, detectives were able to get a search warrant for Davis's home, where they found a receipt for a Western Union money order sent to Davis from Toms River on June 25, as well as a piece of paper with a notation that Davis would be receiving a $3,000 money order.  The paper came from a memo pad belonging to the Shreveport hardware store that Robert Cumber worked at.  Davis refused to comment, other than to say it was not in his handwriting, but his wife told detectives to check out a friend of Davis's named Billy Wayne McKinnon.  Forty-one-year-old McKinnon, she said, was a former policeman and the kind of person who would commit murder.   

On September 21, Gladstone found that Davis had received two money orders via Western Union from Toms River in June.  The receipt they had found a day earlier had been the second money order.  The first one, sent on June 13, had been for $2,500 and the sender was Robert O. Marshall.  Although the second money order was sent from a James McAlister, the handwriting on both was identical. 

When Robert Cumber, at the request of detectives, came down to the station around 5 p.m., they read him his rights.  He admitted that James McAlister was a name that Rob Marshall used and that Rob had asked him if he knew of an investigator he could hire as he didn't want to use one locally.  Cumber had suggested Billy Wayne McKinnon.  The multitude of phone calls between the Shreveport hardware store and the Marshall residence were mostly between Rob Marshall and McKinnon; Cumber was merely the go-between.   

At 1:30 a.m. on Saturday, September 22, Robert Cumber became the first person arrested in connection with Maria's murder when he was charged with conspiracy to commit murder.  

Four days later, on September 26, Cumber was indicted by an Ocean County, New Jersey grand jury on the charge of conspiracy to commit murder.  Rob denied knowing Cumber, Davis, or McKinnon although Roby would later admit to having taken a message for his father from a James Davis in the days prior to September 26.  Sarann Kraushaar, on the advice of counsel, ended her 14-month long relationship with Rob after news of Cumber's indictment broke.

On September 27, Rob checked in to the Best Western in Lakewood.  In room 16, the room in which he and Sarann had often conducted their extramarital affair, he recorded messages for each of his sons and one for his brother-in-law, Gene Leahy.  He put the four tapes in an envelope addressed to Leahy with specific instructions on the outside that it was to be opened in the event of his death.  The hotel clerk, familiar with Marshall, had called the Ocean County prosecutor to let the office know where Marshall was.  Detectives were dispatched to the Best Western and took room 17, next door to Marshall.   They observed him buying a can of soda at 10:30 p.m. and dropping an envelope into the outgoing mail at the front desk at 11:30 p.m.  Seeing the notation on the envelope and fearing he might take his own life, they called EMS and then entered his room.  He was asleep on the bed, a photo of Maria with Roby, Chris, and John on the floor beside him.  He said he had mixed 50 Restoril sleeping pills in a can of Coke and intended to kill himself at the same moment that Maria had died on the parkway.  He had stirred the mixture with his finger, which he had licked, but had fallen asleep before actually drinking it.  Nevertheless, he was taken to a hospital and then, at the advice of his attorney, was transferred to a psychiatric facility close to Philadelphia.   

The Tapes

The tapes that Rob made were confiscated by police and listened to on October 2.  In the tapes he had made for his sons he explained that he was taking a "shortcut" out and would hopefully join their mother.  For Roby, he explained that he had instructed Gene Leahy to purchase him a Mustang.  For Chris, it was that Leahy had been instructed to purchase the lease on his Jeep.  For John, it was that Leahy would buy him a Porsche when he turned seventeen.  On the tape addressed to Chris, Marshall ended it with "Please love me."  

If Rob had hoped that the tape addressed to Gene Leahy would document a series of events in which Rob himself had been preyed upon and was a victim of the events leading up to Maria's murder, he failed spectacularly.  He claimed that he and Maria had been working on their financial problems together and that although he was going to leave her for Sarann Kraushaar, they were spending less and he was going to put Maria on an allowance.  Then he bemoaned how he didn't realize how amazing and incredible Maria was and how stupid he had been to walk away from her and how much he missed her every day.  In the next breath, he asked Leahy to tell Sarann how much he loved her, that she needed to quit smoking, and that he was currently in "their" room, room 16, at the Best Western where "I was at my happiest."  Leahy was also instructed to call Sal and Paul Coccaro on Rob's behalf to express his gratitude and love for them, as well as a reminder that Paula's insurance premium was overdue.

The bulk of the recording, and what detectives were waiting to hear, was about Rob's recounting of his involvement.  Rob stressed that in spite of his innocence, he worried that he would be convicted on circumstantial evidence that pointed in his direction.  He said that casino money had been missing and Robert Cumber had recommended an investigator named Billy Wayne McKinnon to look into it.  Rob said he had wired McKinnon $2,500 in June, after which McKinnon came north to New Jersey, and then wired him a second installment of $3,000.  The second time Rob said he said McKinnon was at Harrah's the night Maria was killed, when he gave McKinnon $800.  

Detectives now had a basis to arrest Billy Wayne McKinnon.   

It would take until December 3, after losing a fight for extradition to New Jersey, before McKinnon and James Davis, both under arrest, were delivered to Toms River.  The prosecutor's office, believing the big fish they were after was Rob Marshall, was ready to deal with McKinnon and/or Davis for the right information.  McKinnon, having once been a cop, knew the odds were not in his favor and that he was looking at potentially taking the rap for first-degree murder.  He was ready to talk but only after he heard the tape that Marshall made.  He convinced the authorities that he was not the shooter, had never intended to kill Maria, or anyone else, and that Marshall was only going to be an easy mark to collect thousands of dollars while McKinnon strung him along.  Satisfied that McKinnon was indeed not the triggerman, the tape was played for him.  At the conclusion of the tape, McKinnon commented that Marshall was supposed to say that he and Maria had patched up their marriage and were enjoying a second honeymoon and that before her death, he had no longer needed McKinnon's services as a private investigator.  McKinnon added that Rob Marshall was so stupid that he should be put to death for his stupidity alone.  

McKinnon signed a plea bargain, in which he would admit his part in Maria's murder, give up the name of the shooter, and testify in court, on December 15, 1984.  

On December 19, 1984, in Stanton, Louisiana, a 42-year-old man named Larry Thompson was arrested outside of a hotdog stand and charged with killing Maria.  

That same day, at 2:30 p.m., after being out Christmas shopping, Robert Marshall was arrested.  Bob Gladstone had been told that Rob was pricing tickets from Miami to Costa Rica, where extradition might have proven difficult.     

Rob Marshall under arrest (photo source)


The Trial

The trial of Robert Marshall and Larry Thompson began in the small city of Mays Landing, in Atlantic County, on January 28, 1986.  As both were charged with first-degree murder with special circumstances, the death penalty was on the table and the prosecution announced they were seeking it.  Judge Manuel H. Greenberg presided, Assistant Ocean County Prosecutor Kevin Kelly represented the state, attorney Glenn Zeitz represented Marshall, and attorney Francis Hartman represented Thompson.  In a bizarre turn of events, Thompson's wife Wanda and their teenaged son stayed in the Marshall home during the trial.  

Kevin Kelly outlined the state's case.  They believed that Rob Marshall, drowning in debt and wanting to continue his relationship with his married mistress, had solicited and paid for the murder of his wife in exchange for the $1.5 million (just over $4.3 million in 2023 dollars) in insurance money.  That money, made off of Maria's blood, would allow him to start a new life, unencumbered by both debt and a wife.  

All of the life insurance policies that Marshall had taken out on Maria were introduced into evidence, including the $130,000 policy taken out just hours before she was murdered.  Eight insurance companies testified to Marshall taking out policies in the years before Maria's murder.  

James Davis testified that he had picked up the $5,500 wired by Marshall to Billy Wayne McKinnon that was sent in his name.     

Sarann Kraushaar took the stand to talk about her 14-month long affair with Rob Marshall that ended 18 days after Maria's murder.  According to her, Marshall told her in December of 1983 that he was $300,000 in debt due to Maria's spending and if he could "just get rid of her," the insurance he had on Maria would take care of his debts.  

Billy Wayne McKinnon testifies (photo source)


The state's star witness was Billy Wayne McKinnon.  He testified that he had used James Davis's name during his travels to New Jersey and that he had first met Rob Marshall in June of 1984, at which time he was promised $65,000 (over $186,000 in 2023 dollars) for killing Maria, $22,000 or so of which he eventually received.  He said that Marshall had wanted him to kill Maria on that first meeting in June and again in July.  McKinnon testified that he had planned on stringing Marshall along as far as he could and to continue collecting money, at least until he heard from Larry Thompson that a contract may have been put out on McKinnon for not holding up his end of the bargain.  McKinnon swore that he never intended to shoot Maria but he knew Thompson would have no qualms about doing so.  In September of 1984, he brought Thompson along to New Jersey and it was Thompson who had shot and killed Maria.  According to McKinnon, Marshall had told him that in killing Maria, he did not want anything that would mar or destroy her beauty - no bludgeoning, stabbing, or any kind of sexual assault.  Marshall also refused to allow himself to be shot as part of the cover story and it was only with reluctance that he agreed to let Thompson strike him in the head to bolster the robbery motive.  He did make sure to tell McKinnon to instruct Thompson not to hit him too hard.  He didn't want to any kind of permanent damage or impairment. 

McKinnon added that he had often wondered what Marshall had said to his wife on the way home on that night in July of 1984, that night he had hoped to have Maria executed while he pulled over on the way back to Toms River from Atlantic City with the excuse of using the restroom.  What do you say to your wife, McKinnon mused on the stand, when she's supposed to be dead?  Roby, Chris, and John, all in attendance, cried as they listened to McKinnon's testimony.  

Thompson's attorney told the jury the only reason his client had been charged was because McKinnon needed a fall guy.  All the evidence, he said, pointed to McKinnon, and only McKinnon, as the shooter.  

Rob Marshall (left) and Larry Thompson during their murder trial (photo source)

Thompson, who sat quietly and unemotionally throughout the prosecution's case (and would continue to do the same during much of the defense's case) took the witness stand and said that he had not known of any plot to kill Maria Marshall, nor had he killed her.  Six witnesses, including his brother, his teenaged son, and his wife, followed him to testify that Thompson had been in Louisiana during the time of the murder.  Thompson's defense took roughly two hours of trial time.   

Rob Marshall on the stand (photo source)

Not so with Rob Marshall, who took the stand in his own defense.  He testified that he hired McKinnon not to kill his wife but to investigate what Maria knew or didn't know about his affair with Sarann Kraushaar and what she did with the casino winnings he had given her.  When Kevin Kelly asked him to produce a contract from McKinnon for those investigator services, Marshall had to admit he could not.  The $5,500 that was wired to Louisiana that James Davis had picked up had an innocent explanation according to Marshall.  They were simply payments for bets he'd made on sports games.    

When recounting the murder, he now said that he heard Maria cry out "oh my God!" when he was checking the tire and just before he was struck in the head.  This was news not only to the prosecutor but also to Roby, Chris, and John, who had held on to the hope that their mother had been asleep when she was shot and never knew what was happening.

Kevin Kelly had noticed that Marshall had faithfully worn his wedding ring during the trial and it made him unnaturally angry, feeling that Rob was playing at being the grief-stricken husband.  Using Marshall's prior testimony of "undying love" for Maria, Kelly asked him why Maria's ashes were still in a cardboard box at the funeral home if he loved his wife so much.  Marshall, who had had time to vacation in Florida and begin two affairs following the end of his relationship with Sarann Kraushaar (including one with Karen Odell, a married Toms River woman who had been friends with Maria and Rob) in the three months between Maria's funeral and his arrest, had no answer.  

Closing arguments were delivered on Monday, March 3, 1986.  Kevin Kelly ended his with a pronouncement that there was a special place in hell for the cowardly, greedy, and self-centered Marshall, who had put his own sons on the stand in an attempt to save his own skin.  Marshall shook his head while his sons sobbed and cried audibly before turning around in his seat to smile at them.  Whereas before they had always offered their father support (at least publicly) and acknowledged the "I love you" signs Rob had penned on the backs of manilla folders he held up so his sons (and the assorted media) could see, by this last day of trial Roby, Chris, and John kept their heads down, none of them meeting their father's eyes.  

The Verdicts

On Wednesday, March 5, 1986 at 11:15 a.m., the jury reached their verdicts.  For the charge against Larry Thompson, they found him not guilty.  Thompson smiled, shook his attorney's hand, and once he was told by Judge Greenberg he was free to leave, crossed the courtroom to shake the hand of prosecutor Kevin Kelly before departing with his wife.  
  
The verdict for Thompson gave Rob Marshall's supporters hope that he too would be found not guilty, but their hope died quickly.  The jury found him guilty of first-degree murder.   Marshall collapsed and was taken by ambulance to a local hospital.  With nothing found to be wrong, he was returned to the Mays Landing courthouse where, at 1:30 p.m., the sentencing phase commenced with the same jury.  Only two outcomes were possible for him:  a life sentence with eligiblity for parole after 30 years or death by lethal injection.  

Following a half-hour presentation by Kevin Kelly and Glenn Zeitz in which neither side called any witnesses, the jury took 90 minutes to decide on punishment - death.  Chris, the only one of Rob's sons to remain in the courtroom, heard the pronouncement without tears.    

(Photo source)


The End of the Case . . . Eventually


Robert Cumber was tried for his part in Maria's murder in June of 1986.  Offered a deal in which he would go free after pleading guilty to conspiracy to commit insurance fraud, he turned it down, believing he would not be convicted.  He also thought after being acquitted he could file a lawsuit against Ocean County for false arrest. 

Instead, he was found guilty of conspiracy to commit murder and on September 11, 1986 sentence (some thought excessively harshly) to life imprisonment.  On January 19, 2006, he received clemency from Governor Richard Codey after serving almost 20 years of his sentence.  He returned to Louisiana, now 68 years old, minus the vision in one eye, and with no one but his wife and daughter still talking to him.   

Robert Cumber (photo source)

Following the Marshall trial, Billy Wayne McKinnon testified in Robert Cumber's trial.  He was then sentenced by Judge Greenberg to five years in prison but served only months in accordance with his plea agreement.  He entered the Federal Witness Protection Program but stayed in a matter of weeks, finding it overly constrictive and not conducive to his style.  He returned to Louisiana and his various business ventures.   

Sarann Kraushaar resigned from her job at the high school shortly after news of her affair with Rob Marshall broke.  She and her husband reconciled, opened a chain of Blockbuster Video stores, and eventually left New Jersey to move to Florida. 

Maria's father, Dr. Vincent Puszynski, suffered a heart attack during his former son-in-law's trial.  He recovered and planned to look after his grandsons and protect them from their "snake" of a father but in February of 1987, suffered a second and fatal heart attack.  Maria's mother Helen lived until 1995, after some years of suffering with senility.  

Writer Joe McGinniss, who attended the trial, published a book about the case in 1989, called Blind Faith (which became a bestseller and was eventually adapted into an Emmy-nominated 1990 miniseries of the same name). 

Not to be outdone, and while going through the appeals process, Rob Marshall wrote a book called Tunnel Vision: Trial & Error in 2002.  The book was little more than his attempt to show that he was framed and not guilty of the crime he was convicted of.  As the Son of Sam law prevented him from profiting from his crime, it was his son John that published and marketed the book.    

Robert Marshall, convicted killer (photo source

 
After sitting on New Jersey's death row for 18 years, Rob Marshall was granted a new sentencing due to a federal court decision regarding ineffective counsel in his original 1986 trial.  The current prosecutor elected not to retry the death penalty phase of the Marshall case and on August 18, 2006.  Marshall was resentenced to 30 years with the possibility of parole in 2014.

In January of 2015, he was approved for a parole board hearing set for March 18, 2015.  Both Roby and Chris Marshall vowed to speak in front of the board and against their father's release.  It turned out to be a moot point, as Robert Marshall died in prison on February 21, 2015 following a stroke and poor health.  He was 75 years old.   

Larry Thompson, convicted killer (photo source)


After being acquitted, Larry Thompson had driven to the Marshall home in Toms River to collect his wife's belongings.  While there, he had spoken to the press assembled outside wearing a red Philadelphia Phillies baseball cap he found inside the residence that had belonged to Maria.  After  returning to Louisiana, he and his wife filed a $50 million lawsuit against the prosecutors and the investigators for the violation of Thompson's civil rights by malicious prosecution and wrongful arrest and for Wanda Thompson's loss of her husband's company.  Following a two-week trial in May of 1988, a Louisiana jury rejected the claims.  Thompson wrote a letter to John Marshall, Maria and Rob's youngest son, telling him that he was welcome to come visit the Thompson family, or even live with them, at any time (something John Marshall did not take the Thompsons up on). 

After returning to Louisiana, Thompson returned to his life of crime.  Luck finally ran out for him in 2003, when he was convicted for his part in an armored car robbery and the attempted murder of a Shreveport police officer.  In 2014, at the age of 71 and after serving 12 years of his 50-year sentence, Thompson finally admitted that he had indeed been the triggerman that put two slugs in Maria Marshall's back.  He recounted this to James Churchill, a retired chief from the Ocean County, New Jersey prosecutor's office with the same lack of emotion he had displayed during the 1986 trial.  He admitted his witnesses, including his wife, son, and brother, who claimed he had been in Louisiana at the time of the Marshall murder, had lied on the stand in order to give him an alibi.  Due to double jeopardy, Thompson could never be retried or prosecuted for Maria's murder.  With New Jersey's statute of limitations for perjury being five years, charges could not be brought against the people who had lied to provide him a false alibi.  

Thompson also admitted to a bank robbery, 33 night depository box robberies and three armored car robberies throughout the U.S., as well as burning down two businesses, a former meat market, and a residence in Louisiana.  

He offered up the solution to a 1979 cold case for which he had long been the prime suspect.  On January 1, 1979, 32-year-old Deanna Elliot Montgomery had been sitting in the passenger seat of a car driven by her husband, James Haywood Montgomery, when she was killed by a shotgun blast to the back of her head.  Like Maria, Deanna was a pretty blonde whose husband had taken out life insurance on her shortly before her murder and also like Maria, she was a loving mother, leaving behind a 12-year-old daughter.   

Deanna Montgomery (photo source)


Investigators at the time believed that Thompson was involved, as he and James Montgomery were friends, but they couldn't prove it.  The case went cold until Thompson confessed that he had killed Deanna after being promised $15,000 by her husband to do so.  

Thompson confessed to two further murders; Larry Wayne Lester, who he shot to death on June 15, 1988 in Dolet Hills, Louisiana and Chester Underwood, also shot to death, on June 25, 1979 in Harrison County, Texas.  

By his own admission, although he provided no details, he had killed even more.  

Per his plea deal, Thompson was sentenced to 21 years in 2016.  

John, Roby, and Chris circa 1986 (photo source


Within days of their father's conviction, Roby, Chris, and John Marshall went to the funeral home in Toms River where their mother's ashes, in a cardboard box, had sat in a desk drawer since September of 1984.  After claiming her ashes, they had them buried in a plot at St. Joseph's Cemetery.  For her headstone, they chose words she herself had written for Roby: "Our greatest glory consists not in never falling but in rising every time we fall."    

Roby Marshall moved west and served as a consultant for the 1990 miniseries Blind Faith.  He became close with actress Joanna Kerns, who portrayed Maria.  She introduced him to actress Tracey Gold, who portrayed her daughter on the television show Growing Pains.  Roby and Tracey married in 1994 and are parents to four sons.  They live in California, where Roby works as a teacher.  

Chris Marshall graduated from Lehigh University and served as their varsity swim coach for a time before becoming Cornell University's Senior Vice President of Alumni Affairs.  He eventually opened his own consulting firm.

John Marshall, only 13 years old when his mother was murdered, remained convinced that his father was innocent and the only one of the three boys to remain steadfast in support of Rob Marshall.  He married at 17 and became a father shortly thereafter to a daughter that was given the middle name of Maria.  Divorced and the father of two, he continued to support his father throughout the appeals process and up until Rob's death.  

Following the airing of the miniseries about their mother's murder and their father's involvement, Roby and Chris told the media they were done discussing the case - a promise they kept until their father was granted a parole hearing in early 2015.  Then, 49-year-old Roby and 48-year-old Chris, who had cut their father completely from their lives, fought against his release.  Advocating for their mother, they described her as having been their closest friend, strongest supporter, and biggest fan.   

Maria's final resting place (photo source)



Sources

Asbury Park Press (January 29, 2015).  Chris Marshall Exclusive Interview: Defend Our Mom. 

Asbury Park Press (February 5, 2015).   Marshall Sons: Leave that Selfish Monster Where He Is.

Bonnie's Blog of Crime (January 26, 2006).  Maria Marshall Murder.  

Criminal Discourse Podcast (April 27, 2020).  Robert O. Marshall: Murder For Hire.  

Daily Journal (June 29, 2014).  Blind Faith Killer Up For Parole.  

Daily Mail (May 16, 2014).  Man Confesses to Being Hitman . . . 

McGinniss, Joe.  Blind Faith, GP Putnam, 1989.  



Seattle Times (October 3, 1999).  A Hard Lesson: Justice Doesn't Always Triumph. 

Shreveport Times (October 18, 2014).  Confessed Serial Hit Man Has More To Tell.  



U.S. Department of Justice (September 24, 1991).  State v. Robert Marshall:  Death Penalty Proportionality Review Project.  

September 4, 2021

The Science of DNA: Roger Keith Coleman and Wanda McCoy

Post-Execution DNA Testing Answers the Question of Innocence or Guilt in a Vicious Rape-Murder 


Time's May 18, 1992 issue with Roger Coleman (photo source

 


"We who seek the truth, especially in criminal justice matters, must live or die by the sword of DNA."  - Jim McCloskey

In its May 18, 1992 issue, Time magazine put a photograph of Virginia inmate Roger Keith Coleman on the cover.  Coleman, dressed in a blue work shirt, black pants and tennis shoes, was sitting against a cinderblock wall.  His hands are in his lap, his ankles clearly shackled.  "THIS MAN MIGHT BE INNOCENT.  THIS MAN IS DUE TO DIE" blared the headline about the convicted rapist and murderer who had a scheduled appointment with the Virginia electric chair the same week.

It was this magazine, and the resulting explosion of news coverage, both nationally and internationally, that introduced many to Roger Coleman and his story.  Despite Coleman's repeated statements of innocence, as well as thousands of letters and phone calls that flooded the governor's office in Richmond and personal pleas for clemency from Mother Teresa and Pope John Paul II, Coleman was not given a movie-ready last minute reprieve.  A portion of his last words brought death penalty opponents to tears and advocates questioning the system.  "An innocent man is going to be murdered tonight.  When my innocence is proven, I hope Americans will realize the injustice of the death penalty, as all other civilized countries have." 

Wanda Thompson and Brad McCoy at his prom, 1978 (photo source

 

The Crime

It began eleven years earlier, in 1981 in Grundy, a small, working class town thirteen miles from the West Virginia border, fifteen miles from the Kentucky border, sixteen miles from the infamous site of the Hatfield and McCoy feud, and roughly fifty miles from both North Carolina and Tennessee.  Grundy is in the heart of the Appalachians, seven hours from Virginia's capital city of Richmond.  A coal mining town, Grundy hardly fit the slogan Virginia would adapt for itself - "Virginia is for Lovers" - or the genteel southern image of colonial style and plantation homes that would dot Williamsburg, Yorktown and Jamestown.  Only about five square miles in size and with a population of roughly 1,000 residents, alcohol wasn't sold in Grundy in 1981.  Those who wanted liquor had to drive across state lines or partake in moonshine made in the mountains.

In spite of its small size and religious, hardworking citizens, wife beating, rape, and murder were not foreign to the area.  Coal mining, being hard, dangerous work, especially in Buchanan County, it wasn't unusual for the sheriff's department to get domestic calls after workers returned home sweaty and covered in coal dust and grime.  It also wasn't unusual for liquor - moonshine or otherwise - or drugs to be involved.  Buchanan County had seven murders in 1980, making its murder rate twice that of the state as a whole.  All seven of the cases had been successfully prosecuted by Mickey McGlothlin, the county's prosecutor.

Wanda Thompson McCoy wasn't from Grundy but Home Creek, about twelve miles outside of Grundy, very nearly in Kentucky.  The fifteenth of sixteen children and the daughter of a coal miner, Wanda was a quiet and obedient girl, shy with strangers but without a mean bone in her body.  A born homemaker, as a child she had liked nothing better than making clothing and working on crafts.  She would be remembered as an average student in school with pretty strawberry blonde hair and a welcoming smile. 
   
Her future husband, Brad McCoy, was a member of that  McCoy clan.  Brad's father Max, known as "Hezzie," was proud of the family's lineage.  Hezzie worked for United Coal and on the side drove a white stretch limo for weddings and other events.  

While the legendary McCoys were ill-tempered and rude, Brad was as soft-spoken and gentle as his future wife.  Two years older than Wanda, he too went to Grundy Senior High School.  They met through Wanda's older sister Lydia, who worked with Brad at the local Piggly Wiggly grocery store.  Brad initially nursed a crush on Lydia but Lydia suggested he turn his attention to Wanda and it wasn't long before the two hit it off and were going steady.  

On June 13, 1978, Brad graduated from Grundy Senior High.  Three days later, he began working for United Coal.  His easygoing nature, combined with his brightness, helped him to place aboveground as a parts clerk in United Coal's Repair Shop No. 1.  In July, he and Wanda were married at the Grundy Baptist Church.  The McCoys and the Thompsons were happy with the match and apparently had no reservations over the age of the groom (18) or the bride (16).  

The newlyweds moved into the subdivision of Longbottom, east of Grundy, and by Slate Creek.  The subdivision consisted of newer brick and frame ranch homes in the front and older frame houses in the back.  Brad and Wanda rented one of the older homes, located less than two blocks from Brad's parents.  

Wanda had originally planned to return to school in the fall of 1978 and begin her junior year but she found that she enjoyed keeping house, making clothing, and working on her crafts.  The life of a housewife suited her and Brad's salary was enough to support the two of them, so she dropped out of school.  

Over the next nearly three years, Brad and Wanda settled into a comfortable routine of working and visiting with friends and family.   


Tuesday, March 10, 1981 should have been just another day for Wanda and Brad.  The couple, approaching their third wedding anniversary, had spent the morning at home.  Wanda had watched television while she sewed and Brad read the newspaper and generally took it easy before he had to leave for his shift at United, which was the 3 p.m. to 11 p.m. swing shift.  It was a cold day in Grundy, around 42 degrees, when Brad left the house shortly after 2 p.m. to run a couple of errands before clocking in.  

Brad would later remember his work shift as being fairly uneventful.  There were no breakdowns, mine shutdowns, or accidents that day and he was able to take his regularly scheduled dinner break and eat the food that Wanda had prepared and packed for him.  He took a coffee break at 9 p.m. so he could call home and check in on his wife.  She did not like to be home alone, especially at night, when Brad was working and he tried to call her during his shift to soothe her anxiety and also break up the loneliness for her.  

The two chatted for nearly fifteen minutes, about how the remainder of their day had gone, what Wanda was watching on television (BJ and the Bear) and how they would spend the tax refund money they were expecting.  It seemed like dozens of other similar conversations they had had.  Brad had no way of knowing it was to be the last time he would ever speak to her.

After hanging up the phone, Wanda apparently went back to watching television, curled up on the sofa with a handmade afghan wrapped around her.  At some point she drank a Coke; the empty bottle was later found on the living room floor.

Brad left work promptly, as soon as his shift ended at eleven.  Once he crossed the bridge over Slate Creek and drove up to Oak Street, he would have been able to see anyone coming and going from the front door of his home.  He initially noticed nothing unusual this evening, other than the porch light was off.  Wanda normally left it on for him when he was working.  It was approximately 11:10 p.m. 

Climbing the ten steps to the porch and front door, Brad found that the storm door was unlocked.  He was immediately concerned as Wanda, a creature of habit, normally kept the house locked up tight.  The front door of the home had a glass door pane and a previous resident had covered it over with paint.  Brad had scratched a section off, creating a peephole of sorts, and he peered through this peephole into the living room where he saw Wanda's afghan lying on the sofa but no Wanda.  Using his key, he let himself into the home and directly into the living room.  The television set was on, as were the lights, and the coffee table, normally in front of the sofa, was out of place, the empty Coke bottle on the floor, likely having fallen off the table when it had been bumped or moved.  

Brad may have already subconsciously known something was very wrong when he noticed the light on in the spare bedroom and headed that way.      

Wanda McCoy, just nineteen years old, lay on the floor.  She was on her back, her arms over her head, her legs spread straight out and her hair covering her face.  Both her sweater and bra were pushed up around her neck, revealing her breasts.  Her blue jeans lay on the bed and a pair of blue and white striped socks were still on her feet.  A pair of dark blue satin underwear was twisted around her left ankle.  

Wanda's head was surrounded by a large pool of blood that was continuing to grow and Brad could see that she had been stabbed twice in the chest.  From somewhere underneath the sweater that was around her neck blood was still oozing.  

Brad knew his wife was dead and so he did not touch her or disturb her body in any way.  Given that the blood was still spreading in the room, he realized she had not been dead long.  He ran back to the living room, where he called his father Hezzie, begging him to come over as Wanda had been raped or killed.  Then, fearful for his own safety and worrying that the killer or killers might still be in the house, Brad waited first on the front porch for Hezzie before setting off on foot down the hill toward his parents' house.  He ran into his father backing his car out of the garage.  Seeing Brad's frantic state, Hezzie went back into the house for his gun and then also to call the Buchanan County Sheriff's Department.  That call was logged in at 11:21 p.m.  

Hezzie and Brad returned to the home Brad shared with Wanda.  While Brad waited outside, Hezzie had briefly gone inside, viewed Wanda, and confirmed Brad's belief that she was dead.  He was back outside on the porch with Brad when the first two officers arrived on the scene.  It was now 11:25 p.m. 

Deputy Sheriff Steve Coleman entered the house and went immediately to the spare bedroom.  He lifted the heavy sweater around Wanda's neck and attempted to check for a pulse.  Unsuccessful, he found that she had no intact vessel.  Her throat had been cut so badly, her head was nearly severed from her body.  

Grundy Chief of Police Randall Jackson arrived on the scene at 11:31 p.m.  Viewing Wanda's body, he noted, as Brad had, that fresh blood was still oozing from underneath her sweater.  Jackson felt Wanda's wrist and found no pulse but discovered that she was still warm.  

He ordered the scene to be secured, as well as thoroughly searched.  Like Brad, he considered that the killer or killers might still be hiding in the house.  


Jackson arranged to have Dr. Thomas McDonald, the medical examiner who lived nearby, picked up by a patrol officer and brought to the scene.  Dr. McDonald officially pronounced death around 11:45 p.m. and made a preliminary determination that Wanda had died due to the slashing wound in her neck.  He also felt that she had been dragged from the living room to the bedroom.  Based on body temperature, Dr. McDonald felt the time of death was somewhere between 10 p.m. and 11 p.m.  

Although Brad McCoy had been seen at work and leaving work at 11 p.m., an officer was dispatched to question him at his parents' house, where he was waiting.  As with all murder cases, the spouse is always the first suspect.  

At 11:45 p.m., Dr. McDonald left the scene to return to his own home.  Chief Jackson waited for Jack Davidson, an investigator from the Virginia State Police whom he had called especially, to arrive from his home in Vansant, a town east of Grundy.  Jackson hoped that Davidson would take over the investigation.  

Inside the house, Wanda's body had stopped bleeding and had begun the first stages of rigor mortis.  


The house where Wanda died (photo source)


The Investigation

One of Davidson's first acts in the investigation was to speak to Brad McCoy.  He quickly cleared him as a suspect, although he did verify with United Coal what hours Brad had worked that day.  He requested that Brad take a polygraph examination, an examination to which Brad agreed but that would not be administered for nearly two weeks for unexplained reasons.  Later that evening, Brad became so agitated and upset that his parents took him to the local hospital, where he was sedated. 

Examination of the McCoy home itself revealed more clues as to what had happened to Wanda and how.  On the outside screen door, a latent fingerprint was lifted.  On the front door molding, just over three feet from the floor, was a pressure, or pry, mark.  Supporting Dr. McDonald's belief that Wanda had been dragged into the spare bedroom, there was a small bloodstain on the floor of the living room and the marks and patterns suggested that something was indeed dragged through it.  Smaller bloodstains, or spatter, was found on the living room wall and on the white shade to a lamp that was on a table at the hallway entrance.  Davidson believed that this was where Wanda was initially attacked and received the defensive wounds to her hands he had noted.  Other than these three areas of blood only the coffee table and Coke bottle seemed out of place.  To the trained investigator's eye, it seemed as though Wanda had let her killer or killers into the home.

The spare bedroom had more to tell.  The massive amount of blood found in that room suggested that the fatal cut to Wanda's throat happened there.  Noting the position of her arms over her head in the direction of the bedroom door, Davidson thought that Wanda had been dragged feet first into the bedroom.  He also believed that she never regained consciousness, otherwise her hands would have been covered in her blood from the instinctual response to grab at or cover the throat wound.

A black substance coated Wanda's hands, which Davidson felt certain was coal dust from her killer or killers.  The same black substance was also noted on the sleeves of her sweater and both of her upper thighs.  

At 9:30 on the morning of Wednesday, March 11, paper bags were placed on Wanda's hands to protect them from contamination and loss of any potential evidence and her body was taken to Roanoke for autopsy.  

The autopsy began at 8:30 on the morning of  Thursday, March 12 and would testify to Wanda's frightening and violent end.  Dr. David Oxley found that she had died from the brutal wound to her throat, some four inches deep and so vicious that it severed her right carotid artery, jugular vein and larynx.  The wound was made with a single stroke by a sharp instrument and ran in a downward motion from the right side of Wanda's throat to her left.  

She had also sustained two deep and penetrating stab wounds to her chest; one just below her breastbone and one near the inside of her left breast.  The first wound penetrated her liver, the second, her left lung and heart.    There was no significant bleeding resulting from either wound, leading Dr. Oxley to conclude that the wounds were delivered when Wanda was already dead or so near to death that it mattered very little.

Dr. Oxley discovered two foreign hairs on Wanda's genital area that did not match her own.  Although he did not note any traumatic injury to either her vagina or rectum, he took swabs from both areas to test for the presence of sperm.  He took samples of her blood and the black substance that had been found on her hands and those, along with her clothing, were preserved.  Although Dr. Oxley noticed that Wanda's fingernails were broken and her hands covered with blood, he stated in his report that there was no significant amount of material underneath her fingernails and rather inexplicably, took no action to preserve it for analysis.  He also neglected to test the blood on her hands, assuming it came from her own wounds.  Dr. Oxley's report failed to mention the defensive wounds on Wanda's hands that Jack Davidson had noted or the large bruise or abrasion present on her upper right arm that was noticeable in the autopsy photos.     

On Saturday, March 14, the funeral service for Wanda Faye Thompson McCoy was held in the Big Rock Freewill Baptist Church, the church she had attended Sunday School in as a child.  The minister who had married Brad and Wanda nearly three years earlier joined two ministers from Big Rock to conduct the service after which her body was taken to Mountain Valley Memorial Park to be buried.  

The residents of Grundy, most of whom had paid their respects to Wanda at the church and then again at the cemetery, were stunned and grief-stricken over her murder.  Grundy had more than its fair share of violence but not to God-fearing good girls like Wanda.

On Monday, March 16, Jack Davidson learned that the vaginal and anal swabs Dr. Oxley had sent for analysis had tested positive for the presence of sperm.  Two tests had to be done on the samples in order to get the blood type of the man who left the sperm in Wanda's vaginal canal:  he was a type B secretor.  (Brad McCoy, who admitted to having sexual relations with his wife roughly 48 hours before her death, was type A).  The testing done on the anal swab, for whatever reason, came back "inconclusive."  Although the scientific world was still over a decade away from DNA testing, the blood type was good news to investigators.  Only ten to thirteen percent of the population in the southeastern United States have type B blood.

By comparison, the sample of the black material found on Wanda's hands, which Jack Davidson had been positive was coal dust, came back as being organic soil and plant material.  However, as no such material had been found anywhere in the McCoys' home other than on Wanda's body, Davidson was certain it had been brought in by her killer or killers.  


Roger Coleman and Trish Thompson (photo source)


A Suspect

Brad McCoy had, naturally, been Davidson's first suspect in Wanda's murder.  He was the first person Davidson spoke to, making note of his clothing and a cut on his left thumb.  Brad had no scratches or wounds on him that Wanda would have left had she been fighting him for her life and his clothing had no bloodstains or tearing.  Furthermore, he had cried copiously and cursed over what had befallen Wanda.  He would provide relevant information to Davidson, though.

Brad informed Davidson that months earlier Wanda had been receiving nuisance and obscene phone calls and that the last person to visit their home had been Wanda's younger sister, Patricia (known as Trish).  Before that, it had been Brad's friend and coworker, Junior Stevenson.  According to Brad, he had had problems with a neighbor.  He confirmed that Wanda had been afraid to be home alone at night and would keep the doors locked and bolted.  She would never have given a stranger admittance into the house.  Outside of Brad, his father and her father, the only other men she would have let into the home would have been Junior Stevenson, her former brother-in-law Danny Ray Stiltner, and Trish's husband, Roger Coleman. 

Junior Stevenson was interviewed and said he had been so tired when he got home from work on the afternoon of the murder that his wife had to help him out of his truck.  Once inside his home, he had fallen asleep on the sofa and had not woken until the next morning, when he got up to return to work.  His wife verified his account.  

In speaking with Wanda's mother Marie and her sister, Peggy, who had been married to Danny Ray Stiltner, Davidson learned that it had been Wanda's belief, as well as of the Thompson family, that Stiltner had been behind the obscene phone calls Wanda had received months earlier.  

Despite these suspicions and a rumor that Danny felt Wanda was responsible for the breakup of his marriage with Peggy, Davidson did not interview Stiltner for two weeks.  When he finally did, on March 24, Stiltner denied making any calls to Wanda and denied any involvement in her murder, saying he had been with his mother and father at the time Wanda was killed.  He told Davidson that when he had been married to Peggy, Trish's husband Roger had come to their house often, bringing liquor.  In contradiction to the rumor saying otherwise, Stiltner felt that it had been Roger that had caused the breakdown in his marriage, not Wanda, and that Roger was "crazy" and probably guilty of the murder.

Roger

Roger Keith Coleman had been born in Georgia to a military family.  When his father was transferred to Germany eight months after he was born, Roger and his mother moved to Grundy to live with his father's family.  Only four months after that, Roger's mother moved to Michigan and got a divorce.  Although she sent for Roger, she eventually returned him to Grundy and his grandparents when he was six.  Neither his father nor his mother seemed to have any interest in raising or caring for him and so his grandparents formally adopted him.  

He was thirteen when he had his first brush with the law.  He and a friend were caught making obscene phone calls to a female classmate in which she received numerous calls where descriptive sexual fantasies were told to her.  Even her younger sister was subjected to them when she answered the phone.  Roger claimed to have made the calls because he was lonely and a voice in his head told him to do it.  As he had never been in trouble before, and he was a good student with an above-average IQ, a social worker advised that he receive psychiatric counseling, which he did.  

Roger proved to be tenacious.  He wanted to join the basketball team, despite his height (5'9") not suggesting he might be a natural, and so he did.  He excelled in sports and did well academically in high school, although he didn't achieve the high marks his IQ inferred he might.  He worked after school and on weekends, not only to put some money in his pocket, but also to give his grandparents for food and clothing.  When he wasn't going to school or working, he spent his time fishing, hunting, hiking around the countryside and reading.  Roger was an avid reader.

Getting closer to graduation, he wanted to avoid a life of working in the coal mines.  Wanting to go to college but coming from a financially strapped family, he instead applied for enlistment in the Army.  Everything seemed to be falling into place for him - until April 7, 1977.  

On April 4, 1977, Grundy had been struck by flash floods that resulted in two buildings on Main Street being torn from their foundations and carried away in the raging waters, collapsed bridges and roads in and out of the city being blocked and closed.  The emergency led to businesses being closed and that included the high school.  

Brenda Rife was a schoolteacher in Grundy, along with her husband, Preston.  She had been home with their six-year-old daughter Megan on April 7, while Preston had gone to check on the car lot he ran on the weekends and holidays.  A young man she estimated to be around eighteen and wearing a Grundy High letter jacket and sailor hat came to her front door, claiming to be part of a crew of volunteers cleaning up the flood damage, and requested a glass of water.  Once he was let into the house, he pulled a roll of adhesive tape from his pocket, along with a pistol, and ordered Brenda to tie her daughter to a chair.   Terrified, she complied.  At gunpoint, she was taken throughout the house and upon getting to the master bedroom, the man ripped her bathrobe open, pushed her down on the bed, climbed on top of her and began kissing her.  She scratched him hard on the neck, infuriating him.  As he went for his gun, she fled the room and ran for the sliding door downstairs, yelling for her daughter to follow her.  The little girl was taped too tightly and could not escape her restraints and so Brenda went back for her child.  The man caught her on the porch and a struggle ensued, with Brenda screaming for help.  She managed to get ahold of his gun and throw it;  when he ran to fetch it, she noticed two neighbors walking up the road, who had heard her screams.  The man noticed them too, and after running to retrieve his hat, which had come off in the struggle, he fled the Rife home through a side door and took off into the woods.  

The local authorities were busy with the flood damage and so once she had calmed herself, Brenda pulled out the last several years of Grundy High's yearbooks.  In short order, she recognized the young man she believed had attacked her - Roger Coleman.   When Brenda was taken later that day to Roger's place of employment, she gave a positive identification.  

Roger denied having anything to do with the attack on Brenda Rife and had two witnesses (the Grundy High superintendent and his daughter) who placed him at the high school up until 10:30 that morning; Brenda Rife believed her attacker arrived at her home between 10 a.m. and 10:15 a.m.  Despite the time discrepancy and the lack of any scratch marks on Roger's neck, he was arrested and charged with attempted rape.

Roger was out on bail when he graduated from high school on June 17, 1977.  A month later, a jury found him guilty of the charge and on July 29, he was sentenced to three years in prison.   Finding out about his conviction, the Army canceled his enlistment.  His conviction, whether justifiable or not, put an end to Roger's dreams of college and escaping Grundy and the life of coal mining.  

He served exactly twenty months and one day of his three year sentence, being released on March 30, 1979.  By April, he was working in a mine a few miles outside of Grundy.

In the summer of 1979, he met Trish Thompson, Wanda McCoy's youngest sister and the one she was closest with.  Trish was only fifteen years old, a vivacious and exuberant redhead.  Initially thinking that Roger's convict past was exciting and dangerous, in reality she found him to be articulate, thoughtful, and intelligent.  Their dating became serious very quickly and they were soon talking marriage.  While the Thompson family had been supportive of Wanda marrying early, they were less than happy with Trish wanting to marry so early and to a man with a record.  Although her parents and siblings begged her to at least finish high school, she would not be swayed.  After gaining her parents' consent, she and Roger were married on August 8, 1980.  Because Trish and Wanda were so close, it seemed only natural that Brad McCoy and Roger would become friends as well. 

On January 12, 1981, almost exactly two months before Wanda was killed, two female librarians at the Buchanan County Public Library were victimized by a man who entered the library just before closing time and exposed himself to them.  According to the librarians, the only two in the building since it was bitterly cold and snow was falling, he masturbated in front of them and ejaculated across their checkout desk before running out the door.  Although a well known town drunk was at first suspected (he had run naked through the streets of Grundy only a week earlier), both women identified a photograph of Roger Coleman from a Grundy High School yearbook as the perpetrator.  

That case was still pending (charges were eventually dropped) when Wanda McCoy was raped and murdered.   The librarians claimed that a week after Wanda's death Roger Coleman returned to the library to read books in the forensics section of the library, as well as the part of the library that housed its copy of the Code of Virginia.  


Roger Coleman (photo source)


Jack Davidson Closes In

When Davidson heard that of the three men that Wanda would trust enough to let into the home when Brad wasn't there, one of them -- Roger Coleman -- had a record for sexual assault, he honed in on him as the prime suspect.  

Before Davidson had questioned Danny Ray Stiltner or Junior Stevenson, he was anxious to learn Roger's whereabouts on the evening of March 10, 1981.   Speaking to Davidson on March 11, Roger provided a very detailed account of his whereabouts on the night his sister-in-law was killed.  He had left for work between 8 p.m. and 8:30 p.m.; he worked the night shift in a drill mine about three miles outside of Grundy.  Upon arriving for work, he was informed that his shift had been laid off without notice.  Roger said that he had chatted with another man at the mine before heading back home.  When he reached Grundy, he realized he had left his coveralls and knee pads at the mine and turned around to go back and retrieve them, as he planned on searching for work the next day.  He arrived at the mine the second time that evening between 9:45 p.m. and 9:50 p.m.  After retrieving his gear, he spent about ten minutes talking to the shift foreman and other workers, departing once more around 10 p.m.  He ran into a friend on the road home and said that the two had stopped their vehicles and chatted until around 10:30 p.m.  From there, he drove to a nearby trailer park to visit with yet another friend, who was out of work; Roger said he thought the two of them might do some job hunting together the following day.  Upon arriving at the friend's trailer, he found no lights on and did not bother knocking at the door.  According to Roger, it was around 10:45 p.m.  He did, however, see the neighbors across the street watching t.v. and recalling that he had left an eight-track music tape there days earlier, stopped by and retrieved it.   He then returned to Grundy and went to the miner's bathhouse where, although he had not worked, he followed his usual routine of showering and changing into clean, non-work clothes.  Roger took his work clothes, which were covered in coal dust, put them in a plastic bag and headed to the home he shared with his wife and his grandparents, arriving, he claimed, around 11:05 p.m.  

Davidson noted that Roger had no obvious scratches on his arms, neck, or face.  Still, he asked for the clothing Roger had worn and Roger turned them over, as well as a wet washcloth and a damp towel.  The legs of the blue jeans were wet, which Roger said must have happened at the mine.  Examination of the jeans found two or three small areas of blood on the right leg and a tiny speck on the left.  That blood was found to be type O, the same type as Wanda's.

Two knives that Roger voluntarily turned over to detectives were examined and one, a pocketknife with a three-inch blade was found to have a very minute quantity of blood, so small that it could not be determined whether it was animal or human.  

On March 13, hair samples were taken from Roger.  The pubic hair sample was found to be "consistent" with the unknown pubic hair recovered from Wanda's body.  

On April 13, an indictment for rape and capital murder was handed down against Roger Keith Coleman.  He was arrested the same day and jailed without bond.  

On Trial

At his arraignment on April 14, 1981, Roger informed Judge Nicholas Persin that he could not afford to hire an attorney.  Although Persin spoke to experienced criminal defense attorneys in the area, all of them begged off for one reason or another and Persin did not push the issue or assign any of them the case.  He instead chose Terry Jordan from Grundy and Steven Arey from Tazewell, neither of whom had tried a murder case and both of whom had very little criminal trial experience.  They were officially appointed on April 16.

Nearly a year would pass before the case came to trial, a time in which Trish Thompson Coleman, Roger's wife and Wanda's sister, changed her opinion and support of Roger from innocence to guilt.

The case was called for trial on March 15, 1982, a year and a day after Wanda had been buried.  The defense had brought a motion for change of venue, which was denied.  Also denied was a request to sever the rape and murder charges.  

Roger's defense team was seriously outmaneuvered by Mickey McGlothlin and the team of prosecutors but they did manage to score several points, namely that there was an unidentified fingerprint found on the McCoy front door that did not match Roger and that Dr. McDonald, when examining Wanda's body, had rolled her over, an action that could have led to the pubic hair being deposited on her.  They also elicited testimony from their own expert that no coal dust was found on Wanda's body and that the black substance, initially thought to be coal dust (of which none was found) by investigators was actually soil.      

Unfortunately for the defense, the couple that lived in the trailer park that had returned an eight-track cassette tape to Roger on the night of March 10, 1981 testified that he had arrived at 10:20 p.m., which would have given him a small window of time in which to rape and murder Wanda if she had been attacked and killed closer to 11 p.m.

The friend of Roger's who had spoken to him that night on the roadway until about 10:30 testified as such - but Roger's defense team failed to obtain his timecard, which showed his clock-in time at 10:41 p.m. and would have corroborated Roger's timeline.  

The defense called Trish, Roger's estranged wife, as a witness, which turned out to be a blunder.  Initially, Trish had told investigators that Roger had arrived home on the night her sister was murdered around 11:05 p.m.  She had been in bed reading and had looked at the clock when he came in.  On the stand, however, she denied knowing what time it was that Roger returned home.  Rather than demonstrating he could not possibly have raped and killed his sister-in-law had he been home at 11:05, his attorneys succeeded in showing the animosity Trish had for Roger.  

The defense also called his Roger's grandmother, as he and Trish had been living with his grandparents at the time of Wanda's murder.  His grandmother testified that Roger arrived home at 11:05 p.m., but by doing so, she impeached her earlier statement to investigators that Roger had arrived home as the eleven o'clock news was ending.  She claimed she had been mixed up a year earlier, as she had just gotten out of the hospital.  Worse, she voluntarily added that Roger had not been drinking and was not acting nervous; as she had not been asked that question, the statement was perceived that Roger had indeed been drinking and had been acting nervous.    

The state's last witness was a criminal by the name of Roger Matney, who had been in the Buchanan County Jail with Roger Coleman.  Matney testified that Coleman confessed to him that he and another man had been at the McCoy residence with Wanda when Brad called around 9 p.m. and after that phone call, the other man had attacked Wanda with the knife, after which the two of them had raped her.  Matney claimed that Coleman had drawn a diagram of the murder scene, although one was not produced.  The defense attorneys did manage to elicit Matney's record and the fact that although he had been sentenced to four years' time a year earlier, he was already out - seemingly in exchange for his testimony.  They didn't know, however, that at the time Matney was called as a witness, he was facing serious charges for beating and threatening to kill a fellow inmate while forcing him to perform oral sex.  Nor were they aware that even Jack Davidson and Randy Jackson had little credence for Matney's testimony.  

Roger took the witness stand on the morning of March 18, 1982 to testify on his own behalf.  Despite badgering by the prosecution, he remained calm, cool, and collected as he recounted details from the year previous.  He denied having anything to do with his sister-in-law's death and denied Roger Matney's account while admitting that he had told other inmates details of the case he said he learned from his wife and other family members.  When asked to explain the drops of type O blood that was found on his jeans, his only explanation was that his cat could have scratched someone and that someone had bled on his pants.  This allowed the prosecution to call Trish Coleman for rebuttal, to testify that she had never seen the cat scratch anyone.  

The defense rested after Roger testified and the case went to the jury at 6:01 p.m. on the evening of March 18   The jury deliberated until 8:15 p.m., when they broke for dinner until 9:35 p.m.  At 10:50 p.m., they announced they had a verdict.  They found Roger guilty of rape and murder.  For the rape charge, his punishment was life in prison.  As the murder charge was a capital one, a separate hearing would need to be held to decide on his sentence.

The following day, March 19, 1982, over defense objections, Brenda Rife was called as a witness to describe to the jury what Roger had done to her and her daughter five years earlier.  To counter Mrs. Rife's testimony, Roger's attorneys called two ministers to testify that Roger's religious conversion was sincere and that his life should be spared.  Following brief closing arguments by both sides, at 2:33 p.m. the jury retired to deliberate on whether Roger Coleman should be put to death or receive life in prison.  At 6:17 p.m. they returned to the courtroom with a verdict of death.

(photo source)


Death Row and Appeals

Under Virginia law, the presiding judge of a criminal trial has the right to review a death sentence and affirm it, or review it and substitute a life sentence.  Judge Persin had never before sentenced anyone to death and, in fact, opposed capital punishment.  He later admitted that he was surprised by the jury's verdict of death as he did not believe the prosecution's case met the required "absolute certainty" that was necessary to impose the death sentence.  On April 23, 1982, after agonizing over the sentence since the jury returned its verdict, Persin announced to a packed courtroom that he could find no legal reason to overturn the jury's recommendation and sentenced Roger Keith Coleman to death.  As he handed down the sentence, tears ran down his face.  

On April 25, Coleman was transported seven hours away to the Richmond State Penitentiary, where he was placed in isolation while he was evaluated.  Following his evaluation, he was sent to Mecklenburg Penitentiary.  In 1982, Mecklenburg housed Virginia's most dangerous criminals, as well as being a cesspool of violence and corruption.  

On August 27, his attorney Terry Jordan wrote him to say that the divorce Trish had filed after Coleman's trial ended had been granted three days earlier.   

More bad news followed for Coleman when, in September of 1983, the direct appeal filed by Jordan and Steve Arey was rejected by the Virginia Supreme Court and his conviction and death sentence was reaffirmed.   The United States Supreme Court denied certiorari in 1984.  

The petition that he filed for writ of habeas corpus was denied on September 4, 1986 after a two-day hearing, although the clerk did not docket it until September 9, 1986, an action that caused a legal quagmire of sorts.    

The following month, on October 7,  Coleman filed a notice of appeal with the Circuit Court.  It was 33 days after the official date of final judgment but within 30 days of the entry of that judgment.   Under Virginia state law, missing the deadline for a notice of appeal constitutes a procedural default to further appeals.    

On October 25, he moved the circuit court to correct the final judgment date to September 9, making his notice of appeal timely.   The circuit court denied the motion, leading Coleman to appeal to the Supreme Court of Virginia on December 3.    It wouldn't be until May 19, 1987 that the Virginia Supreme Court issued an order denying Coleman's appeal based on the late filing, thus preventing him from entering any other appeals in the state court.  

At that time, a subsequent petition for rehearing was also denied.

On April 26, 1988, Coleman next filed a petition for a writ of habeas corpus in the United States District Court for the Western District of Virginia.  In it, he presented four federal constitutional claims he had raised on direct appeal in the Virginia Supreme Court and seven claims he had raised for the first time in the state habeas.  The District Court found that, based on the the dismissal of his appeal, he had procedurally defaulted the seven state claims but went on to address the merit of all eleven of his claims.  The Court ruled against Coleman on all eleven claims and denied his petition.  The United States Court of Appeals for the Fourth District affirmed the decision in 1990.

The Court did, however, grant Coleman's petition for permission to have PCR-DNA testing performed on evidence from the crime scene.     

On October 29, 1990, his third attempt at a petition for writ of certiorari was finally granted by the Supreme Court,  setting the case for argument on February 25, 1991.  

On November 7, 1990, results from the PCR-DNA testing that was done in California were returned.  The tests failed to eliminate Coleman as a suspect and, in fact, indicated that the donor of the sperm found in Wanda McCoy accounted for only two percent of the population.  Roger Keith Coleman was in that two percent.   However, three alleles were identified in the sperm sample, indicating two donors.

On June 24, 1991, in a six-to-three decision, the Supreme Court held that the mistake made by Coleman's lawyers in filing a document days late created a procedural default that prevented consideration of his federal petition for writ of habeas corpus.  

Once again, Coleman filed a petition for rehearing and once again, on September 24, 1991, the petition was denied.  

On October 14, 1991, Coleman's attorneys filed his second state habeas corpus petition in the Circuit Court of Buchanan County.  In addition, the attorneys filed motions for discovery and a request for an evidentiary hearing based on new evidence that Coleman was not Wanda's killer.   The Commonwealth filed a motion to dismiss and a hearing was held on the matter on December 4, 1991.  On December 14, the Commonwealth's motion was granted.


Roger with his girlfriend Sharon (photo source)

Setting the Date

With fewer chances to prevent Coleman's execution, his attorneys and friends began going to the press, indicating that Coleman was innocent, that his attorneys had named a viable suspect (a next door neighbor of Brad and Wanda's with both a history of violence against women and alleged drug use), but that the Commonwealth of Virginia was prepared to execute him anyhow.  

In February of 1992, the Commonwealth pressed for an execution date in March, while Coleman's attorneys requested that a date not be set until after a final petition for federal habeas corpus be heard and decided.  Neither got their request.  Roger Coleman was scheduled to be executed on May 20, 1992, unless another court or the governor of Virginia intervened. 

While Governor Douglas Wilder had intervened on behalf of an inmate only hours before he was scheduled to die January 23, 1992, public support for the death penalty gained by the day and although Coleman's attorneys continued in their quest to prove that the former next door neighbor was Wanda's real killer, they knew their client was likely to die on May 20.  

On March 31, 1992, the first national story about Roger Coleman appeared in Newsweek magazine, complete with a large photo of Coleman in handcuffs and leg chains and with text declaring him innocent of the crimes he was convicted of.  In short order, The Washington Post, The New York Times, and The New Republic all wrote articles on the case that were favorable to Coleman and berated the Commonwealth of Virginia for what would surely be a fatal error if they executed him.  

Around the same time, at the end of March, Brad McCoy was persuaded to have his blood tested to be matched against the extra allele detected in the November 1990 PCR-DNA testing.  On April 7, 1992, it was determined that the extra allele did appear to come from Brad and matched his account that he and Wanda had last had sexual relations a day or two prior to her murder.  

On April 24, 1992, Coleman's attorneys filed his petition for writ of habeas corpus, along with a motion to stay his execution pending a final decision on the petition.  Oral arguments by Coleman's attorneys and the Commonwealth were scheduled for May 6.  

On May 1, 1992, Coleman was moved from the Mecklenburg Penitentiary to Greensville Penitentiary, in a deathwatch cell only steps away from the electric chair.   Shortly after that transfer, Time magazine sent a writer and photographer to Greensville to interview and photograph Coleman.

On Monday, May 11, the issue of Time, with Roger Coleman on its cover, hit newsstands.  It was the first time in 32 years that Time had devoted its cover to a condemned man.    

On Tuesday, May 12, Coleman's final petition for writ of habeas corpus was denied.  

On Thursday, May 14, a press conference was held in Richmond, in which a phone line was set up so that Coleman could participate; the media appeared in droves.  That night, via a remote feed, Coleman, calm and articulate, appeared on Larry King Live.  

By Friday, May 15, the governor's office was flooded with mail and phone calls, all begging for Coleman to be given clemency.  Even Pope John Paul II and Mother Teresa made public pleas for clemency.  Media outlets from as far away as England, France, and Japan turned up not only in Richmond but Grundy.  

On Saturday, May 16, Governor Wilder announced that he had not made a decision on Coleman's case but was reviewing it.    

On Monday, May 18, a memorial service for Wanda was organized and held in Grundy by Brad and the Thompson family.  Around 10 a.m., Coleman's lawyers learned from the governor's office that Governor Wilder would not be granting Coleman clemency.  

On Tuesday, May 19, after weeks of back and forth arguments, arrangements were made for Coleman to take a lie detector test.  His attorneys, wanting to use their own expert, asked for a seven to ten day postponement in the execution.  Governor Wilder agreed to the lie detector test but insisted it be administered by the Virginia State Police on Wednesday morning, the day of Coleman's execution.  That evening, the guards that had been assigned to Coleman were changed for a new "crew" that were assigned to watch over him and then escort him to the electric chair.  

On Wednesday, May 20, shortly after 6 a.m., Coleman was taken to Richmond for the lie detector test.  Despite being told otherwise, his attorneys were not allowed to be present.  Reportedly, Coleman broke down in tears when the electrodes were first attached, necessitating a break.  By the time the test was completed, the press had been alerted and were waiting outside as Coleman was returned to Greensville.   Around noon, Coleman's legal team received the results that Coleman had failed the lie detector test and very soon after that, the story was picked up by the media.  Coleman had a last visit with Sharon Paul, a woman he became pen pals with in 1983, with their relationship becoming romantic in 1988.  After she left around 4 p.m., his attorneys visited with him and shared his last meal shortly after 6 p.m. - Tombstone pizza, Sprite and fudge stick cookies.  By 9 p.m., Coleman's head was completely shaved and he was dressed in the approved prison attire for execution.  Shortly after 11 p.m., with all appeals denied and no clemency to be granted by Governor Wilder, Coleman was strapped into the electric chair.  Asked for any final words, Coleman said, "An innocent man is going to be murdered tonight.  When my innocence is proven, I hope Americans will realize the injustice of the death penalty as all other civilized countries have.  My last words are for the woman I love.  Love is eternal.  My love for you will last forever.  I love you, Sharon."  The mask was then placed over Coleman's head and the switch was thrown.  

Roger Keith Coleman was pronounced dead just over five minutes later.  He was 33 years old and had spent just over ten years on Virginia's death row.   He was the first Virginia inmate executed in 1992 and the 17th one to die that year in the United States.  

No one from Wanda's family went to Coleman's execution, save Brad McCoy, who made the trip to Greensville with his brother.  Brad was not allowed into the death chamber to witness the execution but he and his brother stood outside to wait for the official announcement.  He later told reporters that he had waited for eleven years for justice for Wanda and it had been important for him to be there.  


Wanda (photo source)


In the Years Following

Following his execution, Coleman's body was cremated.  He had told Sharon in his final days that he wanted his ashes scattered in the mountains around Grundy.  

On Saturday, May 23, 1992, Coleman's family, joined by Sharon and his legal team, as well as other Grundy residents, gathered outside the Coleman family home to pray and read a eulogy written by Jim McCloskey, the executive director of Centurion Ministries, a group that had been working with Coleman's attorneys to prove his innocence.  Then a cassette player was flipped on so that as Sharon spread Coleman's ashes, "Amazing Grace," as performed by a lone bagpipe, could be heard.


The years moved on, the town of Grundy and its residents with them.  Coleman's case was often cited by death penalty opponents, further fueled by the publication of May God Have Mercy in 1998, written by  Chicago lawyer John C. Tucker, who had believed Coleman to be innocent of the crime for which he was executed.  

In 2000, following the Georgia case of Ellis Wayne Felker, who had been executed in 1996 but then had post-execution DNA testing done four years later in an attempt to prove his guilt or innocence for the murder he was alleged to have committed, Centurion Ministries was joined by four publications, including The Washington Post, to have DNA evidence from the McCoy-Coleman case reexamined.   In 2002, the Supreme Court of Virginia declined the request, leading Centurion to appeal directly to Governor Mark Warner.  

On January 5, 2006, Governor Warner ordered retesting of Roger Coleman's DNA evidence.  So that there might not be any accusations of corruption or favoritism, the tests were done at the Centre for Forensic Sciences in Toronto, Canada.  A week later, Governor Warner announced that the lab in Toronto had found that Roger Keith Coleman's DNA matched the semen that was recovered from Wanda McCoy's body, with no exclusions.  Furthermore, there was only a one in 19 million chance of a random match, conclusively confirming Coleman's guilt.  

The death penalty opponents who had hoped that the tests would reveal Coleman's innocence were disappointed and angry that Coleman's case not only did nothing to support their cause but harmed it.  Coleman's legal team, his family and friends, were devastated by the results.  Jim McCloskey told reporters that he felt "betrayed" by Coleman, whose last words had been the statement of "an innocent man is going to be murdered tonight."  McCloskey did not understand how a guilty man could, with such dignity, make those words.  In the years following the test results, his opinion mellowed and by 2020, he believed that Coleman and Wanda McCoy could possibly have been engaged in an affair, explaining the presence of Coleman's semen.  He thought that the dirt found on Wanda's hands had come from her taking out the trash the night of her murder, allowing her true killer to gain entry to the home.  

To this day, McCloskey continues to debate whether Coleman was truly guilty.

Brad McCoy remarried in February of 1983 and went on to have a son and a daughter with his second wife.  He told John C. Tucker, the author of May God Have Mercy that although he had a wonderful life with his family, he would never be able to forget the image of Wanda that night in 1981.  He also told Tucker that he had not initially suspected Roger Coleman; Coleman was not only his friend but was family.  It was only after learning of the blood typing and hair results and of Coleman's earlier record that he accepted that Coleman had raped and murdered his wife.  

Wanda's mother died in 2002, at the age of 82, and her father followed in 2005, at the age of 90.  They were buried at Mountain Valley Memorial Park next to Wanda.   

Wanda's final resting place (photo source


Sources:


Bluefield Daily Telegraph (September 20, 2020).  Jim McCloskey Still Haunted by Roger Keith Coleman Murder Case.

Coleman v. Thompson, et al., 895 F2d 139 (4th Cir 1990).

Coleman v. Thompson, et al., 501 U.S. 722 (1991).

Coleman v. Thompson, et al., 112 S. Ct. 1845 (1992).

Coleman v. Thompson, et al., 798 F. Supp. 1209 (W.D. Va. 1992).


Tucker, John C. May God Have Mercy. Dell Publishing, 1997.

Washington Post (January 13, 2006).  DNA Tests Confirm Guilt of Executed Man