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    Georgia Man Charged With 1985 Murders of Couple in Church

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    Erik Sparre was arrested earlier this week, more than two decades after Dennis Perry was wrongly sent to prison for the crime.Nearly 40 years after Harold and Thelma Swain were shot to death in a small church in Camden County, Ga., and after a man was wrongly sent to prison for two decades over the crime, the authorities arrested another man who they believe murdered the Swains.The man, Erik Kristensen Sparre, 61, of Waynesville, Ga., was charged with two counts of murder and two counts of aggravated assault in the 1985 deaths of the Swains, the Georgia Bureau of Investigation announced on Monday.Dennis Perry, who is now 62, was convicted of two counts of homicide in 2003 but he was released in 2020 after his conviction was overturned, in part because reporting by The Atlanta Journal-Constitution cast doubt on an alibi that Mr. Sparre had used when he was investigated after the killings.Mr. Sparre was arrested in Waynesville, about 90 miles south of Savannah, at a store near his home without incident, according to the Bureau of Investigation. He was booked into the Camden County Jail. The Bureau of Investigation declined to comment further.After a Bible study session in 1985, Harold Swain, 66, and Thelma Swain, 63, a married couple, were killed in the vestibule of the Rising Daughter Baptist Church in Waverly, Ga., about 14 miles southeast of Waynesville.Investigators contacted Mr. Perry after receiving a tip, learned that he had been working hundreds of miles away in the Atlanta area around the time of the killings, and cleared him.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Daniel Penny’s Defense Shifts Focus From Choke to Sickle Cell and Drug Use

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      Lawyers for Daniel Penny, who is accused of choking Jordan Neely to death, called an expert who argued that a combination of factors led to Mr. Neely’s death.Jordan Neely, a Black man who died after he was choked in a subway car last year, had the sickle cell trait, a genetic condition that can affect blood cells and overwhelmingly occurs in Black people. Whether Mr. Neely knew that he had the trait is unclear. But since his death, it has become a point of contention for lawyers.Prosecutors have said that Daniel Penny, who is on trial for manslaughter and criminally negligent homicide because he put Mr. Neely in a chokehold, restrained Mr. Neely for about six minutes, cutting off his airway. When Mr. Neely tried to break free, the pressure of Mr. Penny’s chokehold increased, prosecutors said.But Mr. Penny’s lawyers have centered their case on convincing the jurors that Mr. Neely’s death was not caused by the chokehold and that it is impossible to know how much pressure Mr. Penny was exerting. Before they rested their case on Friday, the defense argued that Mr. Neely’s schizophrenia, synthetic marijuana use and misshapen blood cells led to his death. People with the sickle cell trait typically do not have many, if any, sickle-shaped cells or experience symptoms, but blood slides from Mr. Neely’s autopsy shared at the trial showed misshapen cells at the time of his death.Now that both the defense and the prosecution have made their cases, each side will present closing arguments to the 12 jurors and four alternates. The judge presiding over the case, Maxwell Wiley, has decided that closing arguments will not happen until after Thanksgiving.Here is what to know about the defense’s case for Mr. Penny.The Role of Sickle Cell TraitThe medical examiner, Dr. Cynthia Harris, determined that Mr. Neely died from “compression of the neck,” and held firm to her findings through three days of testimony. However, an expert Mr. Penny’s legal team called to testify, Dr. Satish Chundru, rebutted that.Dr. Chundru, a forensic pathologist, said Mr. Neely died from “combined effects.”“Sickle cell crisis, the schizophrenia, the struggle and restraint and the synthetic marijuana,” he listed for jurors. He argued that Mr. Penny had struggled with Mr. Neely but had not choked him to death.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      DNA on Discarded Cigarette Helps Lead to Arrest in a 1981 Homicide

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      A detective in Indiana helped crack a cold case more than 40 years after his father started working on the original investigation.The 1981 fatal beating of a steelworker in northwest Indiana remained unsolved for so long that the son of the original detective on the case started reinvestigating it in 2018 — and helped solve it.Blood from the crime scene and a discarded cigarette tossed out a vehicle window at a 2023 traffic stop in Illinois eventually led to the arrest of Gregory Thurson, 64, of Eugene, Ore., on Oct. 29 on a murder charge in the death of John Blaylock, Sr., 51, who was killed in his apartment in Griffith, Ind.That capped an investigation that began on Nov. 3, 1981. On Wednesday, Mr. Thurson, who was arrested in Oregon and extradited, is to appear in a Lake County, Ind., courtroom. His lawyer with the Lake County Public Defender’s Office could not be reached for comment on Tuesday.It is unclear what the motive for the killing was and what relationship there may have been between Mr. Blaylock and Mr. Thurson.“I can’t say enough about his hard work and how gratifying it is to me that he was able to come behind me some 43 years later and put this all together,” Retired Detective John Mowery Sr. of the Griffith Police Department said of his son, Detective John Mowery Jr. “When he sinks his teeth into something, he just he stays with it.”On Nov. 3, 1981, two worried steelworkers went to Mr. Blaylock’s building on a Tuesday afternoon, after he didn’t show up for his shifts on Monday or Tuesday morning. The Sunday newspaper was still outside his apartment door, which was locked, and they waited while two building employees used a master key to get inside.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Montana Camper Offered His Killer a Beer Before He Was Murdered, Police Say

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      DNA from a beer can helped lead the authorities to an arrest in the killing of Dustin Kjersem, whose death was originally reported as a possible bear attack, officials said.A Montana camper whose mutilated body was found in a forest last month was brutally killed by a stranger he welcomed to his campsite and offered a beer, the authorities said this week, a gesture they say ultimately led to the killer’s arrest.The stranger, Daren Christopher Abbey, 41, of Basin, Mont., who was working in construction in the Big Sky area of southern Montana, was arrested on Saturday after the authorities linked his DNA to that found on a beer can on the floor of a tent belonging to the victim, Dustin Kjersem, 35, according to court records.Mr. Abbey confessed on Tuesday to killing Mr. Kjersem, 35, and was later charged with deliberate homicide, Dan Springer, the sheriff of Gallatin County said at a news conference on Thursday.Mr. Abbey encountered Mr. Kjersem by chance, the authorities said, noting that they still didn’t know the motive for the killing and that the investigation could continue for months.“This appears to be a heinous crime committed by an individual who had no regard for the life of Dustin Kjersem,” Sheriff Springer said.On Oct. 10, Mr. Kjersem traveled to a forested area near Big Sky to camp, the authorities said. He had planned to pick up his girlfriend the next day, a Friday, so the two could spend the weekend camping.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Officials Confirm Body Found Near Site of Kentucky Highway Shooting Was Suspect’s

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      The identification, made through DNA testing, affirmed the belief of officials. The body was discovered Wednesday after a 12-day manhunt.DNA testing of a body found this week near the site of a Kentucky highway shooting that led to an extensive manhunt confirmed the identity as the suspect, officials said on Friday.Gov. Andy Beshear of Kentucky said in a release that the body belonged to Joseph A. Couch, 32, who authorities said shot at passing vehicles on Interstate 75 near London, a city about an hour south of Lexington. The attack on Sept. 7 seriously injured five people and hit a dozen vehicles with bullets.Authorities had expressed confidence on Wednesday, when the body was discovered, that it had belonged to the suspect, but Friday’s confirmation officially brought closure to the case. An autopsy revealed that the cause of death appeared to be a self-inflicted gunshot to the head, the authorities said.The state’s chief medical examiner, William Ralston, said in the release that the commonwealth could now “move forward from this tragic situation.”The attack led to an intense manhunt of nearly two weeks across tens of thousands of acres of densely forested land near where the shooting occurred, leaving the local community in fear. Several schools canceled classes, and the police stepped up their presence at sporting events, bus routes and other places where people gathered.On the 12th day of the pursuit, the authorities announced that they, along with a married couple who had been searching for the suspect on their own, had found a body in a dense brush behind the highway exit where the shooting took place. Items were found with the body, including a weapon, that the authorities believed belonged to Mr. Couch.According to the release, officials were initially unable to identify the body through a soft tissue DNA test because of the “extreme decomposition” of the body. (It is unclear how long the body had been there before it was discovered.) Instead, they used DNA extracted from a bone to confirm the identity, the release said.The motive for the attack remains unclear. According to court records, Mr. Couch, who served in the Army Reserve, had several charges on his criminal record, including an arrest where he was charged with terroristic threatening in February. More

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      Lake Elsinore Serial Killer Confesses to 1986 Murder of 19-Year-Old Woman

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      William Lester Suff, 70, was already on death row for a dozen murders in Southern California. Now, he has confessed to killing a 19-year-old woman, shutting a 1986 cold case, officials said.A convicted serial killer on California death row for murdering a dozen people in the 1980s and ’90s confessed to the 1986 murder of a 19-year-old woman in Los Angeles County, the police announced on Tuesday.William Lester Suff, 70, confessed in May 2022 to stabbing Cathy Small to death and dumping her body on a South Pasadena, Calif., cul-de-sac, where her body was discovered by police on Feb. 22, 1986, the Los Angeles County Sheriff’s Department announced at a news conference on Tuesday. Why the announcement came more than two years after the confession was not clear.Ms. Small’s body was found in the morning wearing a nightgown, and she died from multiple stab wounds and strangulation, Lt. Patricia Thomas said.Ms. Small’s body was identified three days later by a man who had read about the killing in the news and had called detectives to say he was concerned that the victim could be his roommate.He told detectives that she had worked as a prostitute in the Lake Elsinore area and had lived at his house for a few months, Lieutenant Thomas said.The man said that Ms. Small left their house on the night of Feb. 21, 1986 wearing a nightgown. Ms. Small, he added, told him that a man named Bill was paying her $50 to join him on a drive to Los Angeles.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Killer of 2 Women in National Park in 1996 Has Been Identified, F.B.I. Says

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      A convicted serial rapist who died in an Ohio prison in 2018 was responsible for the murder of a couple at Shenandoah National Park in a case that initially was believed to be a hate crime.It took the authorities one week to find the bodies of Julianne Williams and Laura Winans near their campsite at a national park in Virginia in 1996 after their family reported them missing. But it would take nearly three decades for the authorities to identify the person they believe killed them.The F.B.I. office in Richmond on Thursday announced that new DNA evidence showed that Walter Leo Jackson Sr., a convicted serial rapist from Ohio who died in prison six years ago, had killed the couple in what initially was believed to have been an anti-gay hate crime and led to charges against another man that were eventually dropped by prosecutors in 2004.“After 28 years, we are now able to say who committed the brutal murders of Lollie Winans and Julie Williams in Shenandoah National Park,” Christopher R. Kavanaugh, the U.S. attorney for the western district of Virginia, said in a news release. “I want to again extend my condolences to the Winans and Williams families and hope today’s announcement provides some small measure of solace.”An F.B.I. investigative team revisited the case in 2021, the agency said. It re-examined previous leads and interviews and evidence recovered from the site of the killings. Investigators submitted some of the evidence for DNA testing and found a match to Mr. Jackson’s DNA, the agency said.“Even though we had this DNA match, we took additional steps and compared evidence from Lollie and Julie’s murders directly to a buccal swab containing Jackson’s DNA,” Stanley M. Meador, the F.B.I. special agent in charge in Richmond, said in a news release.Mr. Jackson, who painted homes for a living, died in an Ohio prison in March 2018, officials said. He had an extensive criminal history, including convictions for rape, kidnapping and assault.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Read the Ruling by the Virginia Court of Appeals

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      Safeguards in the Twenty-First Century, 2006 Wis. L. Rev. 479, 514 (2006); Gisli H. Gudjonsson, The
      Science-Based Pathways to Understanding False Confessions and Wrongful Convictions, 12 Frontiers
      Psychol. Feb. 2021. Further, Grimm presents a report from Dr. Richard Leo, Ph.D., J.D. Dr. Leo is a subject
      matter expert in false confessions and reviewed both the content and context of Grimm’s confession.
      DECISIONAL STANDARD
      “A person seeking a writ of actual innocence faces a daunting task; the process begins not with a
      presumption that a petitioner is innocent, but rather, that he or she is guilty.” Haas v. Commonwealth, 74
      Va. App. 586, 624 (2022); see also Tyler v. Commonwealth, 73 Va. App. 445, 459 (2021) (recognizing that
      this Court begins “with the presumption that [petitioner]’s conviction, the result of a full criminal trial that
      has been affirmed on direct appeal, is correct”). “Because the petition is filed with us in the first instance, we
      are not reviewing a judgment below in the traditional appellate sense, and consequently, there is no appellate
      standard of review to apply.” Tyler, 73 Va. App. at 458. “Rather, actual innocence petitions ‘present[] one of
      the rare situations in which the General Assembly has charged an appellate court with engaging in factual
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      evaluation.” Id. (alteration in original) (quoting Dennis v. Commonwealth, 297 Va. 104, 127 (2019)).
      Therefore, “[s]itting ‘as a court of original jurisdiction[,]’ we have ‘the same authority to weigh and
      evaluate documentary and physical evidence as a trial court would have.” Id. at 458-59 (second alteration in
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      original) (quoting Haas v. Commonwealth, 283 Va. 284, 292 (2019)). In exercising such jurisdiction, this
      Court must consider “the record of any trial or appellate court action,” Code § 19.2-327.11(D), and “the
      petition, the response by the Commonwealth, previous records of the case, the record of any hearing held
      under this chapter, and, if applicable, any findings certified from the circuit court pursuant to an order issued
      under this chapter[.]” Code § 19.2-327.13. The purpose of this review is “to allow us to perform the fact-
      finding function the General Assembly assigned us in the statutory scheme-determining whether the
      petitioner has produced sufficient new evidence to establish the statutory requirements to the requisite level of
      proof to warrant overturning a presumptively valid conviction.” Tyler, 73 Va. App. at 459.
      – 11 – More

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      Rex Heuermann, Gilgo Beach Serial Killing Suspect, Is Charged With 2 More Murders

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      Rex Heuermann, who has been accused of killing four women, has been charged with the murders of two more.Rex Heuermann, who was arrested last summer and has been accused of murdering four women in the Gilgo Beach serial killings on Long Island, was indicted Thursday on murder charges in the deaths of two more women.Mr. Heuermann, 60, who has pleaded not guilty to all charges in connection with the first four women’s deaths, has remained in jail for nearly a year awaiting trial. In the meantime, investigators turned to the six other victims — four women, a man and a toddler — whose remains, like those of the first four women, were found along Ocean Parkway by Gilgo Beach.On Thursday, Mr. Heuermann was charged with killing one of them: Jessica Taylor, whose partial remains were found near Gilgo Beach in 2011 and then linked to other partial remains found eight years earlier in a remote wooded area in Manorville, a 45-minute drive east.He was also charged with killing Sandra Costilla, a 28-year-old New York woman whose remains were found in 1993 in the Hamptons. Her long unsolved murder had not previously been associated with the Gilgo Beach investigation.The new indictment followed a recent flurry of activity in the investigation: a nine-day canine search completed last month in Manorville and a wooded area in Southampton where Ms. Costilla’s body was found. Last month, investigators also conducted a six-day search of Mr. Heuermann’s home in Massapequa Park, which had been exhaustively searched for two weeks last summer after his arrest.The Gilgo investigation dates back to late 2010, when investigators discovered the first of 10 victims left along a desolate stretch of Ocean Parkway running east from Jones Beach.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More