Buttrum v. Black

Citation721 F. Supp. 1268
Decision Date20 September 1989
Docket NumberCiv. A. No. 4:87-cv-258-HLM.
PartiesJanice BUTTRUM, Petitioner, v. Gary BLACK, Warden, Middle Georgia Correctional Institute, Women's Division, Respondent.
CourtU.S. District Court — Northern District of Georgia

COPYRIGHT MATERIAL OMITTED

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Bruce S. Harvey, Office of Bruce S. Harvey, Atlanta, Ga., George Haywood Kendall, III, Office of George H. Kendall, New York City, for petitioner.

Susan Virginia Boleyn, Office of State Atty. Gen., Atlanta, Ga., for respondent.

ORDER

HAROLD L. MURPHY, District Judge.

Petitioner Janice Buttrum, a Georgia inmate sentenced to death for murder, presents this petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. She attacks both her conviction for murder and her death sentence imposed by a jury in 1981. For the reasons set forth below, habeas corpus relief from her conviction for murder shall be DENIED, and relief from her sentence of death shall be GRANTED.

I. PROCEDURAL AND FACTUAL HISTORY.
A. Procedural History.

On August 29, 1981, a Whitfield County jury found Janice Buttrum guilty of the murder of Demetra Faye Parker, in violation of O.C.G.A. § 16-5-1, and of motor vehicle theft, in violation of O.C.G.A. § 16-8-18. Two days later, the jury sentenced her to death. Her conviction and sentence were affirmed on appeal by the Georgia Supreme Court. Buttrum v. State, 249 Ga. 652, 293 S.E.2d 334 (1982). Subsequently, she filed a state petition for habeas corpus; a hearing was held on the petition; and all relief was denied. When the Georgia Supreme Court denied a certificate of probable cause to appeal the denial of state habeas relief, Buttrum filed this petition in federal court.1

B. Factual Background.

The evidence and testimony presented at Janice Buttrum's trial and pretrial proceedings revealed the following facts.

Nineteen year old Demetra Faye Parker was raped, sodomized, and stabbed ninety-seven times in her motel room at the Country Boy Inn, in Whitfield County, during the early morning hours of September 3, 1980. Demetra had moved to Whitfield County from Tennessee to be near her boyfriend.

Janice Buttrum and her husband, Danny, also lived at the Country Boy Inn and were acquaintances of Demetra Parker. Demetra occasionally drove them to the store and laundromat since the Buttrums had no car. Danny was twenty-eight and Janice, seventeen. The two married when Janice was fifteen, and their nineteen-month-old daughter lived with them at the motel. Danny Buttrum had recently escaped from a Cobb County, Georgia, prison work camp. On the night of the murder he had consumed three six packs of beer. Danny had a violent background, and in the Buttrum's two-year marriage, he beat Janice numerous times.

The Night of the Murder

The night before the pre-dawn murder, Demetra Parker was in her motel room watching television with two male friends. The three saw Danny pacing back and forth 15 to 20 times in front of Demetra's room. Demetra told her friends she was afraid of him, and they locked the door. She drove her friends home at approximately 8:30 p.m.

Christopher Busby also lived at the motel in August and September, and on the evening of September 2, he and Danny drank beer together. At 7:00 to 7:30 p.m., Busby, and the Buttrums, left the motel with their baby to buy beer. This brief beer run turned into a five hour excursion that included a number of stops. Busby testified at trial that while they were riding in his car, Danny told him he wanted to pick up a girl. Busby asked him if his wife, who was in the back seat, wouldn't mind, and Danny replied, "No, as long as she gets to go with her first."

During several stops, Danny made passes at four different women, while Janice remained in the back seat of Busby's car. Several female witnesses testified they were approached by Danny that night but refused his drunken advances. Busby and the Buttrums returned to the motel room at about midnight. Danny then borrowed Busby's car, and the Buttrums were gone for about three more hours, returning at 3:45 a.m., September 3. Pam Henry, a motel resident, testified that at approximately 4:00 a.m. she heard a girl screaming.

Janice Buttrum's Accounts of the Murder

Agent Johnson of the Georgia Bureau of Investigation testified about the investigation of the case and the arrests of the Buttrums. Over defense objection he related one of Janice's post-arrest confessions. According to Johnson, Janice Buttrum stated that at about 4:00 a.m., she and her husband went to Demetra's room to scare her. She knocked on the door, and when Demetra opened the door and then attempted to close it, Danny pushed it open, and they went inside and struggled with the girl. Janice then stabbed the girl and they fell to the floor. Janice and Danny were on opposite sides of the girl, and they took turns stabbing her. Janice said she stabbed her about fifteen minutes sic, gave the knife back to Danny; he stabbed her, and gave the knife back to her. Janice lifted Demetra's nightgown to see where her heart was, and then cut Demetra across the stomach because "it was the only place left to cut," and because Demetra was still living and she thought that might kill her. The Buttrum's daughter was in the room playing with the telephone. The Buttrums went back to their motel room, took Demetra's car and fled. Janice told agent Johnson she had no remorse about the killing.

Agent McFaul of the F.B.I., one of the arresting officers, testified about the contents of another statement Janice made shortly after her arrest. The additional details revealed by this statement were the following: When the Buttrums entered Demetra's room, Danny threw Demetra down. Danny had a pocket knife in his hand and was struggling with Demetra. Janice took the knife and stabbed Demetra. Both stabbed her numerous times, and while Janice was stabbing her, Danny was masturbating. Afterwards, they washed their hands with a cloth in Demetra's room and stole her car. Janice also told Agent McFaul, "That girl sure didn't want to die."

Janice made two other statements about the incident. One was during her incarceration while Danny Buttrum was on trial. She wrote a letter to be given to the Sheriff in which she claimed she killed Ms. Parker as an act of jealousy because Danny was trying to have sex with her. She took complete responsibility for the crime and said she forced Danny to do everything he did, including raping Ms. Parker.

Finally, at her capital sentencing hearing, Janice testified that it had been Danny's idea to go to Ms. Parker's room the evening of the crime; that she waited outside the room for five minutes after Danny entered; that when she entered, Danny was removing Ms. Parker's panties and she believed they "were fixing to have sex." After becoming angry at the sight of Danny and Ms. Parker engaging in sex, Ms. Buttrum testified that she grabbed the knife and stabbed Ms. Parker in the chest. She admitted that her conduct was wrong and that she deserved to be punished. She denied having oral sex with the victim.

The Autopsy

Dr. James Metcalfe, Associate Pathologist at Hamilton Memorial Hospital performed the autopsy on Demetra Parker at 11:00 p.m. on September 3, 1980. Demetra was 5'8½" and weighed approximately 100 lbs. She incurred sixty-seven stab wounds to her left chest with a maximum depth of 2". The blade penetrated several ribs and her left lung. Metcalfe observed 24 stab wounds and cuts in the front neck area with several cuts to the windpipe. Spinal stab wounds were 2" deep and cut into the backbone. A gaping gash had been inflicted to Demetra's lower abdomen exposing her bowels. Demetra suffered a 4" cut in the genital area, as well as damage to the vagina and rectum from forcible penetration. Hemorrhages and bruise marks were observed on Demetra's scalp, nose, knees, and genital region. Finally, there was a 1 to 1½" bite mark on her neck. A plastic toothbrush holder had been forced into her vagina.

Metcalfe stated the vast majority of injuries around the vagina and anus occurred while Demetra was alive. Demetra died only after the attack or towards the very end of the prolonged assault. The stab wounds to the chest and neck finally resulted in her death.

The Flight and Arrest

At approximately 5:00 a.m. on September 3, the Buttrums and their child drove to a truck stop where Mr. Buttrum worked. Petitioner borrowed $20.00 from the truck stop manager, stating, "I don't know if you know what's going on or not, but if anyone asks you, you have not seen us."

Chambracant Patel, manager of the motel, reported Ms. Parker's death and told the police that her car was missing. He told them that Ms. Parker had spent time the previous day with the Buttrums, and that the Buttrums appeared to have checked-out of their room. A search of the Buttrum's room revealed a bar of soap and washcloth covered with blood. Armed with this information, the police secured arrest warrants for Danny and Janice Buttrum.

Further investigation revealed that the couple had contacted Danny Buttrum's mother and requested that she wire money to Pensacola, Florida. Before noon on September 4, F.B.I. agents spotted and arrested the Buttrums in Pensacola and charged them with the murder of Demetra Parker.

Later that day, Janice Buttrum was interrogated by agents of the F.B.I. and gave the statement to Agent McFaul noted above. She turned over a ring and a barrette taken from the victim. On September 6, in the custody of Georgia law enforcement officials, the Buttrums were returned to Whitfield County. Shortly after her arrival, Janice was interrogated again and provided the statement recounted by Agent Johnson above.

Pretrial Proceedings

On September 10, 1980, counsel was appointed to represent Ms. Buttrum. After two weeks, counsel filed a motion to withdraw, expressing doubt about his ability to discharge faithfully his responsibilities. The motion was denied,...

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