DOB: 07-31-1966 DOC#: 872037 Black Male
Lake County Superior Court
Judge James E.
Letsinger
Prosecutor: Thomas W. Vanes, Kathleen Burns
Defense: Nathaniel Ruff
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 Wefare 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 back with the same .32 handgun and twice in the head at close range with a .22 handgun. .30 caliber ammunition was 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 did, 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.
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); Verdict (02-19-87); Court Sentencing (03-23-87).
Conviction:
Felony-Murder (John Rease), Felony-Murder (Henrietta Rease)
(Williams was tried jointly with Rouster and his girlfriend,
Teresa Newsome. Rouster was also convicted of Murder
and Felony-Murder and sentenced to death. Newsome was acquitted.)
Joint Trial and Appeal with Gregory Rouster
Sentencing: March 23, 1987 Death Sentence (Rouster); Death Sentence (Williams)
Aggravating Circumstances: b (1) Robbery, b(8) 2 murders
Mitigating Circumstances: no prior criminal conduct, aid and kindness to members of his family, regular employment, high school graduate
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.
Williams v. State, 706 N.E.2d 149 (Ind. 1999)
(Appeal of PCR denial by Special Judge Richard J. Conroy)
Affirmed 5-0. Shepard Opinion; Dickson, Sullivan, Selby, Boehm concur.
Williams v. State, 718 N.E.2d 737 (Ind. 1999) (Petition for Rehearing denied; Execution date set)
Williams v. Indiana, 120 S.Ct. 1970 (2000) (Cert. denied).
Williams v. State, 791 N.E.2d 193 (Ind. June 27, 2003).
(Successive PCR in the form of DNA testing of blood on his shorts and co-defendant's pants)
Authorization Declined 5-0; Opinion by Shepard; Dickson, Sullivan Boehm, Rucker concur.
(The testing would not be probative of the perpetrator or exculpatory, would not indicate an unlawful or inappropriate death sentence.)
Williams v. Indiana, 124 N.E.2d 300 (October 6, 2003) (Cert. denied).
Williams v. State, 792 N.E.2d 22 (Ind. July 22, 2003).
Order directing State to respond to Defendant’s "Petition For The Consideration Of New Evidence Pursuant To Indiana Code 35-50-2-9(k).”
Williams v. State, 793 N.E.2d 1019 (Ind. July 25, 2003).
(Successive PCR for consideration of new evidence pursuant to IC 35-50-2-9(k).
Authorization Declined 3-2; Opinion by Sullivan, Shepard, Dickson concur. Boehm and Rucker dissent, concluding that execution should be delayed while new DNA testing is performed.
Williams v. State, 808 N.E.2d 652 (Ind. May 21, 2004).
(Rehearing denied. Opinion by Shepard; Dickson, Sullivan, Rucker, Boehm concur.)
Habeas:
Petition for Writ of Habeas Corpus filed 05-12-00 in U.S. District Court, Northern District of Indiana.
Writ denied 11-19-01 by U.S. District Court Judge Allen Sharp.
Williams v. Anderson, 174 F.Supp. 843 (N.D. Ind. November 19, 2001).
(Habeas Corpus denied by Judge Allen Sharp, U.S. District Court, Northern District of Indiana)
Williams v. Davis, 301 F.3d 625 (7th Cir. August 29, (2002).
(Appeal of denial of Habeas Corpus)
Affirmed 3-0; Opinion by Judge Michael S. Kanne, Judge John L. Coffey Judge Harlington Wood, Jr.
Williams v. Indiana, 123 S.Ct. 1904 (April 28, 2003) (Cert. denied).
Clemency:
In July 2003 Governor Frank O’Bannon granted a stay of execution for Darnell Williams in order that DNA testing could be performed on clothing he was wearing when arrested. However, the testing proved inconclusive at best, and the Indiana Supreme Court set a July 9, 2004 execution date.
On July 2, 2004 Governor Joe Kernan issued an Executive Order commuting the death sentence of Darnell Williams to Life Imprisonment Without Parole. Noting that Gregory Rouster was more culpable in the murders, but had been spared the death penalty after he was declared mentally retarded, Governor Kernan said “Because Rouster cannot be executed for the crime, it is unjust for Williams to be executed.” The commutation followed a recommendation for commutation from the State Parole Board. This was the first time since the reinstatement of the Death Penalty in Indiana in 1977 that the Parole Board recommended commutation of a death sentence, or that the Governor commuted a death sentence. (It is unclear whether Life Without Parole is an appropriate sentence, since it was not available at the time Williams committed the murders or was convicted of the murders)
As of July 1, 2006