Final Appeals

[joshypiano]

Does anyone know of any final appeals featured on UM that involved someone on death row, and the person ended up being executed?


-that being said...and i know this is morbid...but for updating purposes....
is there some sort of clearinghouse for a listing of people who have been executed?

[justins5256]

Tommy Ziegler, Darlie Routier and Rolando Cruz were on death row at the time of their "Final Appeal" segments. Cruz got off. Ziegler and Routier are still on to my knowledge. No executions of UM appealents that I am aware of.

[joshypiano]

I couldn't find the Rolando Cruz case on my Update list or the episode guide. Do you know when it aired or have anymore details about it?

[justins5256]

Originally Posted by joshypiano

I couldn't find the Rolando Cruz case on my Update list or the episode guide. Do you know when it aired or have anymore details about it?

The story first aired on 2/9/93. Strangely, it was kept off Lifetime until they revamped the show in 2001. If you search the boards, you can probably find some posts about it. I'm not real familiar with the case but this is what I remember...

Cruz was on death row for the murder of 10 year old Janine Nccarico (probably butchered the spelling). She lived in a suburb in Chicago. On a day that she was home sick from school, someone broke into her parent's house and abducted her. Her body was found in a park some time later. She had been raped and beaten to death. The police talked to an informant who said he had heard a guy he knew bragging about the murder. This tip led the police to Cruz and two other individuals, and all three were arrested and tried separately. They were all convicted, but I think Cruz was the only participant who got the death penalty. Actually, one of the three defendant's trials might have ended with a hung jury, I can't recall. While all this was going on, a convicted rapist named Brian Duggan confessed to his attorney that he murdered Nccarico. His account matched many details of the actual crime, including details that were withheld by the police. However, the confession was given to Duggan's attorney only, so it was privilaged. He also refused to take the stand and testify on Cruz's and the other men's behalves. That was basically it. The UM segment went into a lot more detail with regard to prosecutorial misconduct and a whole bunch of other legal issues that seriously hampered this case. The consensus was that these guys were railroaded from the start. There was even one detective who quit his job in protest over the handling of this case. Cruz was eventually exonerated when a DNA test on some recovered semen confirmed what some investigators had believed all along - that Duggan was the real killer. To my knowledge, Duggan has yet to be prosecuted for Nccarico's murder, but he is serving sentences totaling life in prison for a myriad of other crimes and he'll probably never be released.

[joshypiano]

Well...its a little strange but i have listed for the 2/9/93 episode just the Janine nicarico case. No final appeal listed for Cruz. And when I was doing my research I came accross this:
http://cbs2chicago.com/local/Brian.D....2.324088.html
He was indicted in 2005 and a not guilty plea was entered for him in the Nicarico case.

[DarkDante]

Also although technically not a final appeal case but Walter Ogrod was featured on UM. He has been convicted of murdering Barbara Jean Horne and is on death row - Horne's case was featured on UM in 1988. The reason why this relates to this topic is that Ogrod's case would in many ways be a great Final Appeal case as there is some evidence to suggest (including the fact that the composite sketch shown on UM looks nothing like Ogrod) that Walter Ogrod is not the individual who murdered Barbara Jean Horne.

[justins5256]

Originally Posted by joshypiano

Well...its a little strange but i have listed for the 2/9/93 episode just the Janine nicarico case. No final appeal listed for Cruz. And when I was doing my research I came accross this:
http://cbs2chicago.com/local/Brian.D....2.324088.html
He was indicted in 2005 and a not guilty plea was entered for him in the Nicarico case.

Wow, I didn't realize Dugan had been charged. That is great news. I wonder how the case is progressing since that plea was entered in 2005.

As for the episode guide question, I'm not sure what to tell you other then my opinion on the issue. I think the episode guides are good at giving the reader a general idea of what stories aired when, but I don't put a whole lot of stock into what they say because they are inaccurate in a lot of ways. The Nicarico story did air on that date as a "Final Appeal" for Cruz. In fact, Cruz was scheduled to be executed two weeks after the broadcast, making this "Final Appeal" all the more pressing.

[kadrmas15]

Well, I've written Walter Ogrod several times, he isnt doing well, but is hanging in there, I believe in his innocence for several reasons, remember his first trial ended in a mis-trial, 11 to 1 in favor of acquittal. His trial judge had no business being on this case as her daughter was raped so pretty much anyone accused of rape was guilty in her book.

I agree that Walter Ogrod's case would have been and still could be a good final appeal case, if anyone has any questions or wants to pm me about my communications with Walter I would be more than happy to fill you in. Believe me, I would not write to someone that was convicted of the kind of crime Walter was convicted of unless I truly thought he was wrongfully convicted and was innocent.

Walter was arrested in 1992, his first trial was in 1993, he testified in his own defense, besides the fact Ogrod didnt match the composite and other factors, but he testified in his own defense and the way that he talked and testified, the jurors felt that Ogrod couldnt have confessed the way that the cops said he did and they felt that the cops had written up a confession and had Ogrod sign it.

The jury had agreed to acquitt Ogrod but then when they went back to the courtroom and they were asking the jury if they all agreed with the verdict before finalizing it, suddenly one of the jurors out of no where said he disagreed and a mis-trial was declared, it was at that point John Horn came running up and jumped over the railing and tackled Ogrod, Horn had to be pulled off Ogrod by bailiffs and removed from the courtroom.

For some reason it was three more years until Ogrod's 2nd trial started and because he couldnt afford to post bond he was held in jail, where he came in contact with a career criminal and a career jailhouse snitch who had made a career of lying about other cases to get himself out of jail. It was based almost entirely on this snitch's testimony and the fact that at the 2nd trial Ogrod didnt testify in his own defense that he was convicted at his 2nd trial in 1996.

Out of the other final appeals. Dr. John Branion died in prison of heart failure I believe, Glen Consagra was paroled in 1992 and passed away in 1996, Larry Race was paroled in 2004, yes, Rolando Cruz was exonorated by DNA and released from prison, Tommy Ziegler and Darlie Routier remain in prison on death row, Ziegler has now been on death row for over 31 years, it will be 32 years in July.

[kadrmas15]

The guy that was also investigated originally in Barbara Jean Horn's death was Raymond Sheehan, Sheehan was also a suspect in the rape and murder of another girl in 1987, he was interviewed in 1987 and 1988 but he denied any involvement and they didnt have enough evidence to charge him. Sheehan was linked to the 1987 rape and murder by DNA in 2003 when he was charged and arrested, he later pled guilty and was sentenced to life in prison.

[joshypiano]

Originally Posted by justins5256

Wow, I didn't realize Dugan had been charged. That is great news. I wonder how the case is progressing since that plea was entered in 2005.

As for the episode guide question, I'm not sure what to tell you other then my opinion on the issue. I think the episode guides are good at giving the reader a general idea of what stories aired when, but I don't put a whole lot of stock into what they say because they are inaccurate in a lot of ways. The Nicarico story did air on that date as a "Final Appeal" for Cruz. In fact, Cruz was scheduled to be executed two weeks after the broadcast, making this "Final Appeal" all the more pressing.

Cool...well..i will change that episode to a final appeal for Cruz in the Nicarico case and then add an update that he was exhonerated and that they finally charged Dugan. Sound right?


And....it is great news he's been charged but I can't find anymore info on how the case has progressed.

[justins5256]

Originally Posted by joshypiano

Cool...well..i will change that episode to a final appeal for Cruz in the Nicarico case and then add an update that he was exhonerated and that they finally charged Dugan. Sound right?

I assume you are utilizing this information for your update list? Yes, that description sounds good.

Originally Posted by joshypiano

And....it is great news he's been charged but I can't find anymore info on how the case has progressed.

I'll do some digging on Newsbank and post some articles on the case later today.