Bloodsworth

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by Tim Junkin


  In addition to learning from Kirk, I interviewed many of the people who participated in or reported on this real life drama. These include Kirk’s father, Noble Curtis Bloodsworth, Judge Robert Morin, Dr. Edward Blake, Judge William Hinkel, County Executive Judge James T. Smith, Robert Lazzaro, Ann Brobst, Steven Scheinin, Leslie Stein, David Henninger, Valerie Cloutier, Julia Bernhardt, George Burns, Gary Christopher, Ted Weisman, Peter Loge, Katy O’Donnell, Susan Levine, Judge Gerald Fisher, William McGinnis, Major Rufton Price, and Barry Scheck, among others. I was also assisted by Michael Tigar, Laura Burstein, Jayne Miller, Stephen Nolan, and Dr. Ravindar Dhallan. My thanks go out to all these people for their cooperation and help. Detectives Robert Capel and William Ramsey have both retired from police work. Requests for interviews were made to them through Major Rufton Price of the Baltimore County Police Department, but neither agreed to come forward.

  In researching the events depicted in this book, I also relied extensively on the voluminous police and FBI notes and reports, legal correspondence and pleadings, trial exhibits, court documents, and trial transcripts concerning the Dawn Hamilton murder investigation and Kirk Bloodsworth’s trials, appeals, and exoneration. Additionally, contemporaneous news stories from the Baltimore Sun papers, the Times of Baltimore County, the News American, and the Washington Post became important secondary sources. I thank the reporters for these newspapers who wrote about the Dawn Hamilton murder investigation and the events surrounding Kirk Bloodsworth’s convictions and exoneration. The police reports and notes, the legal pleadings and notes, and the correspondence that I’ve reviewed and relied on are too numerous to list. I have attempted in the bibliography to name all other sources as well as a selection of letters specifically referred to in the book.

  I am in debt as well to my editor, Shannon Ravenel, for her confidence, encouragement and skill, and particularly to Kristin Curran Junkin, for her research assistance, her many readings and suggestions, and her consummate patience and support.

  KIRK BLOODSWORTH WISHES to express the following sentiments: He dedicates this story to God, for without him no things are possible; to his mother, who will always be with him; to his dad, whom he loves for all he endured and has done in helping to free him; and to Dawn Venice Hamilton and the Hamilton family. He wishes to thank Al Rose, and Anita, who will always be friends in Christ; Dave Bloodsworth and his cousin Cindy for standing by him when he was down; Janet Taylor, Pat Ryan, and, particularly, Bob Morin for helping to save him; the Justice Project and Wayne, Laura, John, Peter, Cynthia, Cheryl, Kim, Penny, Grace, Bobby, Wendy, and Lynn; Dick Dieter at the Death Penalty Information Center; Ginny and all his friends at the Constitution Project; John Rago, Maria, and his friends at the Duquesne Law School; the Lancer’s Club; Judge Hammerman; Kim Summers and Lynn; Shawn Ambrose; Larry Marshall and Rob Warden of the Northwestern Center on Wrongful Convictions; Barry Scheck and Peter Neufeld; Jayne Miller; Mike Tricky; Jayne Henderson; Senator Patrick Leahy; Congressmen Bill Delahunt, Ray LaHood, and F. James Sensenbrenner Jr.; Jesse Jackson Jr. for letting his voice be heard; Aunt Frances; and he especially thanks his wife, Brenda, whom he considers the most wonderful woman on earth, and her fine family.

  Bibliography

  Amnesty International. “Abolitionist and Retentionist Countries.” Retrieved September 24, 2003, from http://www.web.amnesty.org/pages/deathpenalty-countries-english.

  Amirani, Amir. “Sir Alec Jeffreys on DNA Profiling and Minisatellites.” Science Watch (1995). Retrieved September 22, 2003, from http://www.sciencewatch.com/interviews/sir_alec_jeffreys.htm.

  Archaeology Online News, Archaeological Institute of America. “Neandertal DNA.” (July 29, 1997). Retrieved September 25, 2003, from http://www.archaeology.org/online/news/dna.html.

  Bishop, Jerry E., and Michael Waldholz. Genome. New York: Simon and Schuster, 1990.

  Blake, Edward T., and Jennifer S. Mihalovich. “Report to Robert E. Morin re: Maryland v. Kirk Bloodsworth, File No. 92-508. Forensic Science Associates, Richmond, Calif., 17 May 1993.

  Bloodsworth v. State, 307 Md. 164, 512 A.2d 1056 (1986).

  Bowerman, Sam, and Sa W. Hagmaier. “Criminal Personality Profile—The Dawn Hamilton Homicide–Sexual Assault.” Report prepared in consultation with other members of the Behavioral Science Unit of the FBI Academy, Quantico, Va., 1984.

  Brobst, S. Ann. Letter from the assistant state’s attorney for Baltimore County to Robert E. Morin, re: State v. Bloodsworth, 17 April 1989.

  Brown, Clarence. “Dawn’s Father: Didn’t Know of Camp Plans.” News American (Baltimore, Md.), 28 July 1984, 1A.

  Brown, Clarence. “Man Sought in Slaying of Rossville Girl.” News American (Baltimore, Md.), 26 July 1984, 1A.

  Brown, Clarence. “Police Seek Leads in Killing.” News American (Baltimore, Md.), 27 July 1984, 1A.

  Browne, Gary Lawson. Baltimore in the Nation, 1789–1861. Chapel Hill: University of North Carolina Press, 1980.

  Butler, John M. Forensic DNA Typing: Biology and Technology behind STR Markers. San Diego, Calif.: Academic Press, 2001.

  Carson, Larry, and Frank D. Roylance. “Man Held in Girl’s Murder.” Evening Sun (Baltimore, Md.), 9 August, A1.

  Criminal Justice Legal Foundation. “Minority Views on Senate Bill 486, the Innocence Protection Act.” Retrieved October 12, 2003, from http://www.cjlf.org/deathpenalty/Dpinformation.

  Davis, Paul J. Letter of congratulations from the chairman of the Maryland Parole Commission announcing the pardon of Kirk Noble Bloodsworth by Governor William Donald Schaefer, 28 December 1993.

  Erlandson, Robert A. “Bloodsworth, on Stand, Denies Murdering Child.” Sun (Baltimore, Md.), 8 March 1985, 1D.

  ———. “County Detective Learns to Use Psychological Profile.” Sun (Baltimore, Md.), 19 May 1985, 2B.

  ———. “Kirk Bloodsworth Gets Death Penalty in Child’s Murder.” Sun (Baltimore, Md.), 23 March 1985, 7A.

  Evans, Martin. “Dawn Trusting, Guardian Says.” News American (Baltimore, Md.), 27 July 1984, 8A.

  Evans, Martin, and Joe Nawrozski. “Slain Girl Was ‘Supposed to Be at Camp.’” News American (Baltimore, Md.), 27 July 1984, 1A.

  Fridell, Ron. DNA Fingerprinting: The Ultimate Identify. New York: Franklin Watts, 2001.

  Gans, Jeremy, and Gregor Urbas. DNA Identification in the Criminal Justice System. Trends and Issues in Crime and Criminal Justice, no. 226. Canberra: Australian Institute of Criminology, 2002.

  German, Ed. “The History of Fingerprints.” Retrieved September 16, 2003, from http://www.onin.com/fp/fphistory.html.

  Goldstein, Louis L. Louis Goldstein’s Maryland. Annapolis: Maryland State Archives, 1985.

  Gove, Maureen. “Bloodsworth Denied New Trial in Hamilton Murder.” Essex Times (Baltimore County, Md.), 20 March 1985.

  ———. “Bloodsworth Guilty in Hamilton Murder.” Essex Times (Baltimore County, Md.), 13 March 1985, 1.

  ———. “Bloodsworth Sentenced to Death for Hamilton Murder.” Essex Times (Baltimore County, Md.), 27 March 1985, 1.

  ———. “Testimony Begins in Bloodsworth Murder Trial.” Essex Times (Baltimore County, Md.), 6 March 1985.

  Hiaasen, Rob. “The Second Life of Kirk Bloodsworth.” Sun (Baltimore, Md.), 30 July 2000.

  Husdon, Elizabeth, and David Michael Ettlin. “Rosedale Girl, 9, Is Found Murdered; Police Seek Man She Reportedly Met.” Sun (Baltimore, Md.), 26 July 1984, 1A.

  Innocence Project Home Page. Retrieved September 24, 2003, from http://www.innocenceproject.org.

  Jacobson, Joan. “Is the Death Penalty a Lottery? You Bet.” Washington Post, 26 May 2002, B1.

  Kent, Milton. “No Solid Leads Found in Girl’s Killing.” Sun (Baltimore, Md.), 27 July 1984, 1D.

  Kimble, Vesta. “More than 200 Offer Tips about Girl’s Slaying.” News American (Baltimore, Md.), 1 August 1984.

  Lazzaro, Robert W., Assistant State’s Attorney for Baltimore County. Letter to Steven J. Scheinin, Re: State vs. Bloodsworth, February 11, 198
5.

  Levine, Susan. “Md. Man’s Exoneration Didn’t End Nightmare.” Washington Post, 24 February 2003, 1A.

  Levy, Harlan. And the Blood Cried Out: A Prosecutor’s Spellbinding Account of the Power of DNA. New York: Basic Books, 1996.

  Lion, John R., Clinical Professor of Psychiatry, University of Maryland School of Medicine. Letter to Neil Blumberg, M.D., relating to the criminal personality profile of the FBI regarding State v. Bloodsworth, 21 March 1985.

  LoLordo, Ann. “Psychological Profile of Suspect Drawn by FBI.” Sun (Baltimore, Md.), 10 August 1984.

  Marck, John T. Maryland, the Seventh State: A History. 4th ed. Glen Arm, Md.: Creative Impressions, 1998.

  Maryland Department of Public Safety and Correctional Services, Division of Correction. “Maryland’s Gas Chamber.” Retrieved September 19, 2003 from http://www.dpscs.state.md.us/doc/gaschamb.

  “Maryland execution moratorium ends.” USA TODAY. Retreived November 2, 2003, http://www.usatoday.com/news/nation/2003-01-22-death-warrant_x.

  Maryland Historical Society. “The Great Escape of Tunnel Joe Holmes.” Retrieved October 14, 2003, from http://www.mdhs.org/radio/md.

  Masters, Brooke A. “DNA Testing in Old Cases Is Disputed; Lack of National Policy Raises Fairness Issue.” Washington Post, 10 September 2000, A1.

  McCabe, Deidre Nerreau, and Jay Apperson. “DNA Tests Could Be Key to Freedom for Many Convicts.” Sun (Baltimore, Md.), 5 July 1993, 1B.

  Meeker-O’Connell, Ann. “How DNA Evidence Works.” Retrieved October 6, 2003, from http://www.science.howstuffworks.com/dna-evidence.htm.

  Montgomery, Lori. “Maryland Questioning Local Extremes on Death Penalty.” Washington Post, 12 May 2002, C1.

  ———. “A Stellar Witness for DNA Testing; Man Cleared in Slaying Testifies for Legislation.” Washington Post, 23 February 2001, B4.

  Morin, Robert E. Letter to S. Ann Brobst, State’s Attorney’s Office, 27 April 1993.

  ———. Letter to Governor William Donald Schaeffer Re: Kirk Bloodsworth Pardon Application, 19 November 1993.

  ———. Letter to Jennifer Mihalovich, Forensic Science Associates, 20 August 1992.

  ———. Letter to Michael Pulver, Esq., State’s Attorney’s Office, 6 April 1989.

  National Academy of Sciences. “DNA Technology in Forensic Science” (1992, 2000). Retrieved September 17, 2003, from http://www.nap.edu/openbook/0309045878.

  Paternoster, Raymond, and Robert Brame, “An Empirical Analysis of Maryland’s Death Sentencing System with Respect to the Influence of Race and Legal Jurisdiction.” Executive Summary. University of Maryland, College Park, 2003.

  Pipitone, Anthony. “Bloodsworth Jury Didn’t Doubt Guilt.” Evening Sun (Baltimore, Md.), 25 March 1985, 1D.

  ———. “Ex-Officer Names 2nd Suspect in Girl’s Death.” Evening Sun (Baltimore, Md.), 19 March 1985.

  ———. “Man Seen with Slain Area Girl Hunted.” Evening Sun (Baltimore, Md.), 26 July 1984, 1A.

  Prewitt, Milford. “Man Arrested in Girl’s Death in Rosedale.” Sun (Baltimore, Md.), 10 August 1984.

  Price, Joyce. “Essex Man Charged in Death of 9-Year-Old Girl.” News American (Baltimore, Md.), 10 August 1984, 4A.

  ———. “State to Seek Death Penalty in Girl’s Killing.” News American (Baltimore, Md.), 11 August 1984, 1A.

  Ridges and Furrows. “Early Fingerprint Pioneers.” Retrieved September 17, 2003, from http://www.ridgesandfurrows.homestead.com/early_pioneers.

  Rodricks, Dan. “Bloodsworth, the Suspect from Central Casting.” Evening Sun (Baltimore, Md.), 29 June 1993, D1.

  ———. “Down Twice, Still Fighting.” Evening Sun (Baltimore, Md.), 24 May 1989, D1.

  ———. “Haunting Questions.” Evening Sun (Baltimore, Md.), 14 March 1988, D1.

  Rollo, Vera Foster. Your Maryland: A History. 5th rev. ed. Lanham, Md.: Maryland Historical Press, 1993.

  “Sandra A. O’Connor Biography.” Retrieved September 14, 2003, from http://www.co.ba.md.us/Agencies/statesattorney/sabiog.

  Scheinin, Steven J. Letter to Robert Lazzaro, State’s Attorney, 27 November 1984.

  Shane, Scott. “5 Place Man with Slain Girl, 5 Say He Was Home.” Sun (Baltimore, Md.), 8 March 1985, 2D.

  ———. “Bloodsworth Denied New Trial Despite Report of Second Suspect.” Sun (Baltimore, Md.), 19 March 1985, 1D.

  ———. “Murder-Rape Trial Starts with Gruesome Evidence.” Sun (Baltimore, Md.), 5 March 1985, 3D.

  Shapiro, Robert. Human Blueprint. New York: St. Martin’s Press, 1991.

  Shugg, Wallace. A Monument to Good Intentions: The Story of the Maryland Penitentiary, 1804–1995. Baltimore: Maryland Historical Society, 2000.

  Skove, Cynthia. “Bloodsworth Convicted of Slaying Girl, 9.” News American (Baltimore, Md.), 9 March 1985, 8A.

  ———. “Bloodsworth Gets Death Sentence for Rape, Murder.” News American (Baltimore, Md.), 23 March 1985, 1A.

  ———. “Dawn Hamilton’s Companions Testify in Murder Trial.” News American (Baltimore, Md.), 6 March 1985, 1A.

  ———. “Footprint Tentatively Links Defendant to Slain Girl, 9.” News American (Baltimore, Md.), 5 March 1985.

  ———. “Man Tells of Surprise At Arrest in Slaying.” News American (Baltimore, Md.), 8 March 1985, B1.

  ———. “Relatives Testify Defendant at Home When Girl Was Slain.” News American (Baltimore, Md.), 7 March 1985, B1.

  Skowron, Sandra. “New DNA Testing Provides Hope for Some Inmates.” Los Angeles Times, 4 July 1993, 26.

  Small, Glenn. “Bloodsworth Testifies on Death Penalty.” Sun (Baltimore, Md.), 24 July 1993, 1B.

  ———. “Nine-Year Prison ‘Nightmare’ Ends as Former Convicted Killer Is Released.” Sun (Baltimore, Md.), 29 June 1993, 1A.

  ———. “Innocent Man’s Ordeal Raises Many Questions.” Sun (Baltimore, Md.), 9 January 1994, 1B.

  Smyth, Dennis F. “Post Mortem Examination Record for Dawn Hamilton, Case No. 84-1043.” Report of the assistant medical examiner for the state of Maryland, Baltimore, Md., 14 September 1984.

  State of Maryland v. Kirk N. Bloodsworth, Case No. 84-CR-3138, Circuit Court for Baltimore County, Maryland, docket entries, trial transcripts, and presentence report. Transcript dates: February 25, 1985; March 1, 1985–March 8, 1985; March 18, 1985; March 22, 1985; March 23, 1987–April 6, 1987; April 22, 1987; June 12, 1987.

  U.S. Department of Energy Office of Science, Office of Biological and Environmental Research, Human Genome Program. “DNA Forensics” (March 14, 2003). Retrieved September 17, 2003, from http://www.ornl.gov/hgmis.

  Valentine, Paul. “Jailed for Murder, Freed by DNA; Md. Waterman, Twice Convicted in Child’s Death, Is Released.” Washington Post, 29 June 1993, A1.

  Wagner, Dennis, Beth DeFalco, and Patricia Biggs. “DNA Frees Arizona Inmate after 10 Years in Prison.” Arizona Republic, 9 April 2002, Retrieved September 24, 2003, from http://www.truthinjustice.org/krone.

  Wambaugh, Joseph. The Blooding. New York: William Morrow, 1989.

  Warren, Marion E., and Mame Warren. Baltimore: When She Was What She Used to Be. Baltimore, Md.: Johns Hopkins University Press, 1983.

  Watson, James D. The Double Helix. New York: Atheneum, 1968.

  WBAL Channel. “I-Team Uncovers New Details in Sexual Assault, Murder Suspect.” Retrieved November 20, 2003, from http://www.thewbalchannel.com/11investigates/2506217/detail.

  A SHANNON RAVENEL BOOK

  Published by

  Algonquin Books of Chapel Hill

  Post Office Box 2225

  Chapel Hill, North Carolina 27515-2225

  a division of

  Workman Publishing

  225 Varick Street

  New York, New York 10014

  For my children

  © 2004 by Tim Junkin and Kirk Bloodsworth. All rights reserved.

  Photograph on page 279 © 1998, The Washington Post. Photograph by Mary Lou Foy. Reprinted with permission.

  This is a
true story. At the request of Kirk Bloodsworth, and for both privacy and security reasons, the names of a number of individuals with minor roles in the story have been changed.

  Library of Congress Cataloging-in-Publication Data is available for a previous edition of this work.

  E-book ISBN 978-1-56512-710-4

  Praise for Bloodsworth

  “Kirk Bloodsworth’s name is more likely to be retained by history than most of the people you will read about in today’s newspaper. The first former death row inmate exonerated by DNA, Bloodsworth and his story are not only memorable, but gripping and revelatory as well. More than anything, Bloodsworth is a tale of courage and determination in the face of the law’s worst nightmare—the execution of an innocent man.”

  —SCOTT TUROW, author of Presumed Innocent

  “Bloodsworth may well be the most incredible and important true story ever written about a death row convict’s daily battle for survival, both in the cell block and in the courtrooms. . . . Hollywood should fight for this one.”

  —JOSEPH WAMBAUGH, author of The Blooding

  “This book does many things exceedingly well, among them making legal complexities clear and the frustrations of battling the system palpable.”

  —SISTER HELEN PREJEAN, author of Dead Man Walking

  “Bloodsworth is a powerful indictment of a death penalty system that is fundamentally broken. Kirk Bloodsworth is as compelling and decent to the core as any fictional character, but his story is shockingly real.”

  —SENATOR PATRICK LEAHY

  “A cautionary tale that grabs the attention and holds it.”

  —Kirkus Reviews

  “A harrowing ‘fly on the wall’ look at an inmate struggling to survive on death row. Highly recommended.”

  —Library Journal, starred review

  “Should disturb any fair-minded reader on either side of the capital punishment debate.”

  —Publishers Weekly

  “[A] gripping and confounding true-crime esposé.”

  —The Atlanta Journal-Constitution

  “Tried and convicted for a sadistic murder he did not commit and then sentenced to death, Bloodsworth is an American Josef K.”

 

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