Indiana Death Row

ROUSTER, GREGORY # 50
(a.k.a. Gamba Mateen Rastafari)

OFF DEATH ROW SINCE 06-16-03

DOB: 02-07-1968 DOC#: 872038 Black Male

Lake County Superior Court Judge James E. Letsinger


Prosecutor: Thomas W. Vanes, Kathleen Burns

Defense: Robert L. Lewis, Noah L. Holcomb

Date of Murder: August 12, 1986

Victim(s): John Rease B/M/74; Henrietta Rease B/F/59 (Ex-Foster Parents of Rouster)

Method of Murder: shooting with .32 and .22 handgun

Summary: John and Henrietta Rease were elderly foster parents, regularly taking into their home children who were often incorrigible and unwanted. One such child was Gregory Rouster, who was placed in the Rease home by the Welfare Dept. in November 1985 and stayed through February 1986. The Rease’s operated a small candy store out of the first floor of their home in Gary. On August 12, 1986 both were shot to death in their home. John Rease was shot once in the shoulder area with a .32 handgun. Henrietta Rease was shot once in the abdomen with the same .32 handgun and twice in the head at close range with a .22 handgun. Ammunition and casings were found on the floor. Numerous witnesses placed Rouster and his companion, Darnell Williams, going into the home with guns on the day of the murder. A foster child of the Rease’s, 17 year old Derrick Bryant, testified that he was hiding in the house as Rouster and Williams entered, heard Rouster arguing with Henrietta over money they owed him, heard Henrietta say “Greg, why are you doing this?,” then heard two more shots as he ran out the back door. Other witnesses testified that Rouster was outside when the last shots were fired. Rouster had bumped into his Welfare caseworker at the drugstore earlier the same day and asked if the Rease’s received a clothing allowance for him while he was in foster care. When he was told that they had received $5-6 per month, Rouster declared that they owed him money and he was going to get it. Williams was later found in possession of the same .30 caliber ammunition found at the scene, as well as cash and a wristwatch that Bryant identified as the watch he had given to Henrietta as a gift. Rouster was arrested wearing a shirt/vest with blood drops matching both victims.

Trial: Information/PC for Murder filed (08-14-86); Amended Information for DP filed (09-16-86); Voir Dire (02-09-87, 02-10-87); Jury Trial ( 02-11-87, 02-12-87, 02-13-87, 02-14-87, 02-16-87); Verdict (02-17-87); DP Trial (02-17-87, 02-18-87); Deliberations (02-18-87, 02-19-87); Verdict (02-19-87); Court Sentencing (03-20-87).

Conviction: Felony-Murder, Felony-Murder
(Rouster was tried jointly with Williams and Rouster's girlfriend, Teresa Newsome. Newsome was acquitted)

Sentencing: March 23, 1987 Death Sentence (Rouster); Death Sentence (Williams)

Aggravating Circumstances: b (1) Robbery, b (8) 2 murders

Mitigating Circumstances: 18 years old at the time of the murder, a ward of the State at birth, no family support, mildly mentally ill, emotionally disturbed, speech defect and stuttered, excessive drug and alcohol intake

(Joint Trial and Appeal with Darnell Williams)

Direct Appeal:
Rouster v. State, 600 N.E.2d 1342 (Ind. October 16, 1992)
Conviction Affirmed 5-0 DP Affirmed 4-1
Shepard Opinion; Givan, Dickson, Krahulik concur; Debruler dissents.

PCR:
PCR Petition filed 08-27-93. PCR denied 02-28-96 by Special Judge Richard J. Conroy.
Rouster v. State, 705 N.E.2d 999 (Ind. 1999) (Appeal of PCR denial by Special Judge Richard J. Conroy)
Affirmed 5-0 Shepard Opinion; Dickson, Sullivan, Selby, Boehm concur.

Rouster v. State, 718 N.E.2d 737 (Ind. 1999) (Petition for Rehearing denied; Execution date set)

Habeas:
Petition for Writ of Habeas Corpus filed 02-04-00 in U.S. District Court, Northern District of Indiana.
Writ denied 10-24-00 by U.S. District Court Judge Allen Sharp.

Rastafari v. Anderson, 117 F.Supp.2d 788 (N.D. Ind. October 24, 2000) Order of U.S. District Court Judge Allen Sharp denying Petition for Writ of Habeas Corpus.

Rastafari v. Anderson, 278 F.3d 673 (7th Cir. January 22, 2002) (Appeal of habeas denial. Affirmed 3-0; Opinion by Judge Michael S. Kanne, Judge Frank H. Easterbrook and Judge William J. Bauer concur.)

PCR:
Successive PCR filed 02-20-03.
Successive PCR granted 06-16-03 by Special Judge T. Edward Page on grounds that Rouster is mentally retarded.

On Remand:
03-11-05 Rouster was resentenced by Lake County Superior Court Judge Clarence D. Murray to 60 years imprisonment.

As of July 1, 2006


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