Case Facts: The events leading up to the murder began on January 10, 1992, when James Torregrossa went to get a tire for his ex-girlfriend at the Old Orchard service station in Webster Groves. Richard DeCaro worked at the station. Torregrossa and DeCaro knew each other because they both belonged to Gold’s Gym. DeCaro told Torregrossa that he had heavy payments on his van and asked Torregrossa if he knew of anyone that could "take it off his hands." In the same conversation, DeCaro asked if Torregrossa knew anyone who could "put a hit on somebody" for him. DeCaro stated that his wife thought he was having an affair with his secretary and that he would not wish marriage on anyone.

Ten days later, DeCaro purchased a $100,000 life insurance policy on behalf of his wife, Elizabeth, listing himself as the primary beneficiary. On January 26, 1992, Richard DeCaro struck Elizabeth with their van knocking her through the garage wall in the kitchen. She sustained severe bruising. The insurance company paid DeCaro over $30,000 as a result of the incident.

In January of 1992, DeCaro asked Craig Wells, a manager a Old Orchard service station, if he knew anyone who could steal his van. Well introduced DeCaro to Basile. The two met, and DeCaro offered Basile $15,000 to steal the van and kill Elizabeth. On February 8, 1992, Basile stole the van, drove it to Jackson, Missouri, and burned it. He received $200 for this job.

On February 28, 1992, Basile asked his friend, Jeffrey Niehaus, for a stolen gun that was not traceable. On March 4, Basile showed his half-brother, Doug Meyer, a .22 caliber semi-automatic pistol with pearl like grips. He claimed that he bought the gun from his father for $100. On March 5, Basile asked another friend, Susan Jenkins, to get him some latex gloves from the doctors offices in which she worked. On march 6, Basile told Meyer that he could not work that day because he was working for Richard DeCaro.

On March 6, 1992, DeCaro picked up two of his for children from school and then went home to pick up the other two. He drove all four children and the family dog to the Lake of the Ozarks, leaving St. Louis a little after noon. They checked into the Holiday Inn at the lake at 2:59 p.m. Two of the children testified that they saw their mother alive before they went to school that morning. They testified that the dog would always bark at strangers.

Between 2:00 and 2:30 p.m., a witness noted that the DeCaro garage door was closed. Elizabeth DeCaro left work at 2:20 p.m. At 3:15 p.m., a neighbor stopped by and noticed the garage door was open and that the DeCaro’s Blazer with personalized license plates reading "RIK-LIZ" was in the garage, but no one answered the doorbell.

At 4:15p.m., Basile was seen driving the DeCaro’s blazer in St. Charles. That evening around 6:30 to 7:00 p.m., Basile call an ex-roommate for a ride stating "things went down. I did what I had to do." At 7:00 p.m., Basile called Doug Meyer and asked if Meyer had garage space where Basile could work on his car. Basile drove the Blazer to Richard Borak’s home in Florissant and gave him a "boom box" stereo stolen from the DeCaro residence as a birthday gift. Basile told Borak that he "did this lady." Just after 8:00p.m., the Blazer was spotted heading south on Interstate 270. At 10:30 p.m., Basile went to Meyer’s house, where they ate pizza before going out for drinks.

Elizabeth DeCaro had planned to meet her sister, Melanie Enkleman, for dinner at 5:00p.m. When the victim failed to show up for dinner or answer her telephone, Enkleman and a mutual friend went to the DeCaro home. They went in through an open side door in the garage and then thorough an open door leading into the house. They found Elizabeth lying face-down in the kitchen floor. Enkleman called 911 at around 8:00 p.m.

Elizabeth DeCaro had two gunshot wounds in the back of her neck and bruises on her body. When she was shot, the gun was in contact with her body, and she was either kneeling or lying down. The bullets recovered from her body were .22 caliber. Police found no signs of forced entry. Basile was arrested on March 12, 1992.

UPDATE: Basile Executed Following 22 Hour Delay

The state carried out an execution against a convicted 35-year-old hit man last night. After a delay of about 22 hours, convicted contract killer Daniel Anthony Basile died by lethal injection at 10:05 p.m. His execution had been delayed when a new alibi witness came forward. The woman had said she was with Basile at the time Elizabeth DeCaro was killed in 1992. Basile was convicted of killing DeCaro in exchange for money, a car, and other property from DeCaro's husband. The courts rejected Basile's appeals for more time: the Missouri Supreme Court at 5:15 p.m.; the 8th Circuit Court of Appeals at 6:20 p.m. and the U. S. Supreme Court at 9:10 p.m.

National Coalition to Abolish the Death Penalty

Daniel Basile - Scheduled Execution Date and Time: 8/14/02 1:01 AM EST.

Daniel Basile, a white male, is scheduled to be executed by the State of Missouri on Aug. 14 for the murder of Elizabeth DeCaro. DeCaro’s husband, Richard DeCaro, was convicted of ordering the murder and is spending life in prison. Basile, who was poor and essentially homeless, is taking the brunt of the punishment in this situation. DeCaro had purchased a life insurance policy on his wife and had planned her murder. Basile accepted DeCaro’s money and proceeded with the murder. Please write to the State of Missouri to protest Basile’s execution.

ProDeathPenalty.Com

The events leading up to the murder began on January 10, 1992, when a man named James went to get a tire fat the Old Orchard service station in Webster Groves. Richard DeCaro worked at the station. James and DeCaro knew each other because they both belonged to Gold’s Gym. DeCaro told James that he had heavy payments on his van and asked James if he knew of anyone that could "take it off his hands." In the same conversation, DeCaro asked if James knew anyone who could "put a hit on somebody" for him. DeCaro stated that his wife thought he was having an affair with his secretary and that he would not wish marriage on anyone.

Ten days later, DeCaro purchased a $100,000 life insurance policy on behalf of his wife, Elizabeth, listing himself as the primary beneficiary. On January 26, 1992, Richard DeCaro struck Elizabeth with their van knocking her through the garage wall in the kitchen. She sustained severe bruising. The insurance company paid DeCaro over $30,000 as a result of the incident. In January of 1992, DeCaro asked Craig Wells, a manager a Old Orchard service station, if he knew anyone who could steal his van. Well introduced DeCaro to Basile. The two met, and DeCaro offered Basile $15,000 to steal the van and kill Elizabeth.

On February 8, 1992, Basile stole the van, drove it to Jackson, Missouri, and burned it. He received $200 for this job. On February 28, 1992, Basile asked a friend for a stolen gun that was not traceable. On March 4, Basile showed his half-brother a .22 caliber semi-automatic pistol with pearl like grips. He claimed that he bought the gun from his father for $100. On March 5, Basile asked another friend to get him some latex gloves from the doctors offices in which she worked. On March 6, Basile told his half-brother that he could not work that day because he was working for Richard DeCaro. On March 6, 1992, DeCaro picked up two of his children from school and then went home to pick up the other two. He drove all four children and the family dog to the Lake of the Ozarks, leaving St. Louis a little after noon. They checked into the Holiday Inn at the lake at 2:59 p.m. Two of the children testified that they saw their mother alive before they went to school that morning. They also testified that the dog would always bark at strangers. Between 2:00 and 2:30 p.m., a witness noted that the DeCaro garage door was closed. Elizabeth DeCaro left work at 2:20 p.m. At 3:15 p.m., a neighbor stopped by and noticed the garage door was open and that the DeCaro’s Blazer with personalized license plates reading "RIK-LIZ" was in the garage, but no one answered the doorbell. At 4:15p.m., Basile was seen driving the DeCaro’s blazer in St. Charles. That evening around 6:30 to 7:00 p.m., Basile call an ex-roommate for a ride stating "things went down. I did what I had to do." At 7:00 p.m., Basile called his half-brother and asked if he had garage space where Basile could work on his car. Basile drove the Blazer to a friend's home in Florissant and gave him a "boom box" stereo stolen from the DeCaro residence as a birthday gift. Basile told the friend that he "did this lady."

Just after 8:00p.m., the Blazer was spotted heading south on Interstate 270. At 10:30 p.m., Basile went to his half-brother’s house, where they ate pizza before going out for drinks. Elizabeth DeCaro had planned to meet her sister, Melanie Enkleman, for dinner at 5:00p.m. When Elizabeth failed to show up for dinner or answer her telephone, Enkleman and a mutual friend went to the DeCaro home. They went in through an open side door in the garage and then thorough an open door leading into the house. They found Elizabeth lying face-down in the kitchen floor. Enkleman called 911 at around 8:00 p.m. Elizabeth DeCaro had two gunshot wounds in the back of her neck and bruises on her body. When she was shot, the gun was in contact with her body, and she was either kneeling or lying down. The bullets recovered from her body were .22 caliber. Police found no signs of forced entry. Basile was arrested on March 12, 1992.

UPDATE: In the hours just prior to Daniel Basile's execution, a previously unknown possible alibi witness came forward, prompting Governor Hold to stay the execution. There is apparently no mention of this person in police records or court actions to date. Governor Holden's office issued a news release at 12:20 a.m. Wednesday morning saying since this was a life or death matter he was staying the execution to give Basile's attorneys time to respond to the new information. Corrections Department officials at Potosi say that if the execution does take place today, it will not be before 6:00 or 7:00 p.m.

KansasCity.Com (AP Wire)

"Governor Delays Execution Because of 11th-hour Alibi Witness," by Cheryl Wittenauer. (August 14, 2002)

POTOSI, Mo. - Condemned hitman Daniel Basile could only sit and wait Wednesday as his fate remained on hold, after Gov. Bob Holden stepped in with a last-minute reprieve to spare his life.

Basile, 35, had been scheduled to die by chemical injection at 12:01 a.m. Wednesday at the Potosi Correctional Center for the 1992 contract killing of Elizabeth DeCaro, 28, of St. Charles. But about five hours before the planned execution, an unexpected witness called Basile's attorneys to say she would come forward with an alibi, Basile attorney Phil Horwitz said Wednesday.

After listening to Julie Ann Montgomery-Lewis' statement, Horwitz said he told woman - a Basile acquaintance the past 18 years - to put her version on paper, which was then faxed to Holden's office. Holden ultimately delayed the execution to give the courts time to review the case, marking the first time in 13 death penalty cases since Holden took office that he has intervened.

Appeals filed Wednesday afternoon with the Missouri Supreme Court and the 8th U.S. Circuit Court of Appeals were rejected. In its ruling, a three-judge 8th Circuit panel found that "Basile knew of the witness at the time of his trial," and that "we are satisfied the alibi witness' story does not constitute `clear and convincing evidence' of actual innocence ..." Basile's attorneys said the planned to ask the U.S. Supreme Court to intervene, if necessary, Horwitz said. Unless a court stepped in, Basile's execution tentatively was set to go forward at 9 p.m. Wednesday, Department of Corrections spokesmen said. By state law, Missouri had until midnight to execute Basile without setting a new date.

Minutes after being told by his attorneys of the appellate setbacks, Basile told The Associated Press by telephone from his holding cell that he was "nervous" and was "trying to say my goodbyes." "I believe in God and that Christ died for our sins, and as long as we ask for his forgiveness we will be at peace," he said.

Basile has claimed he was innocent in the 1992 shooting death. He was convicted of killing DeCaro in a murder-for-hire plot by her husband, Richard DeCaro, who had taken a $100,000 life insurance policy on his wife. Richard DeCaro was acquitted in state court but was later convicted, along with Basile, on federal charges, and is serving a life sentence.

Basile said the surprise witness, whom he named only as Julie, can prove he was innocent of the murder because she drove him to a St. Charles parking lot to pick up the DeCaros' Chevrolet Blazer. It had been alleged that Basile murdered DeCaro, then drove the Blazer from her home. Basile said he offered Julie's name to his trial attorneys, but they never pursued her.

In her statement faxed to Holden's office, Montgomery-Lewis said "the reason I have not come forward before now with my knowledge is because I had discussed testifying with Daniel at the time his case went to court." "He alone decided that it would appear improper due to the fact that we were both in relationships and would not allow me to say anything to anyone," Montgomery-Lewis said.

On Wednesday, Basile said in an interview he never called upon Montgomery-Lewis to testify at trial because he was convinced he would be exonerated without her, and that "I didn't think I'd have to go in there with some big show of evidence." "I told her to go ahead and stay out of it," Basile said. "I told her it (testifying) would probably be more hassle."

Georgianna Van Iseghem, Elizabeth DeCaro's mother, called the maneuver a ploy to delay the execution. "I feel for his family and their anguish, but I know he's guilty," Van Iseghem said. Twenty-five of Elizabeth DeCaro's family members had shown up for the execution and spent Wednesday milling around Potosi's only hotel, waiting for news. "We've been through so much worse these last 10 years," Van Iseghem said. "We're a close family and we're here to support each other."

Missouri has executed 57 inmates since the state resumed the death penalty in 1989. Holden had never delayed an execution, although a U.S. Supreme Court stay of one execution in 2001 remains in effect. Missouri ranked third in the nation in executions during 2001 with seven, behind Oklahoma's 18 and Texas' 17, according to statistics from the Department of Justice.

Missouri Attorney General

July 2, 2002 - State Supreme Court sets execution date for man who killed St. Charles woman in 1992 murder-for-hire

Jefferson City, Mo. — The Missouri Supreme Court today set an Aug. 14 execution date for Daniel Anthony Basile, convicted for the March 6, 1992, contract murder of Elizabeth DeCaro, of St. Charles. Basile (DOB - 12/5/66) was offered $15,000 to kill Elizabeth by her husband, Richard. Elizabeth DeCaro was shot to death in her home while her husband and children were away.

A St. Charles County jury found Basile guilty of first-degree murder in 1994 and recommended the death sentence. Basile also was sentenced to life in federal prison in 1996 on a charge of conspiracy to commit murder. Richard DeCaro also received a life sentence from the federal court on the charge.

Public Interest Litigation Clinic

BASILE, DANIEL

DOB: December 5, 1966
Race: White
Gender: Male

Crime and Trial

County of conviction: St. Charles
Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: March 6, 1992
Date of sentencing: July 12, 1994

Trial Counsel: Beth Davis and Cathy DiTraglia

Current counsel: Eric W. Butts and Philip M. Horwitz

Significant legal issues:

--Prosecutor's improper closing arguments at guilt and penalty phase
--Circumstantial evidence of guilt and use of "snitch" testimony