State v. Frank G. Spisak, 84-LW-4062
| Decision Date | 19 July 1984 |
| Docket Number | 47458,47459,84-LW-4062 |
| Parties | State of Ohio, Plaintiff-Appellee v. Frank G. Spisak, Jr., Defendant-Appellant |
| Court | Ohio Court of Appeals |
For Plaintiff-Appellee: John T. Corrigan, Esq. Cuyahoga County Prosecutor Donald C. Nugent, Asst. Pros. Att., Patricia A Cleary, Asst. Pros. Att., Courts Tower^Justice Center 1200 Ontario Street Cleveland, OH 44113
Appellant Frank G. Spisak, Jr. was indicted on four counts of aggravated murder with 20 separate specifications, on two counts of attempted murder, on three counts of aggravated robbery, and one count of receiving stolen property.®1¯ R.C 2903.01; R.C. 2929.04; R.C. 2903.02; R.C. 2923.02; R.C. 2911.01; R.C. 2913.51. The appellant entered pleas of not guilty and not guilty by reason of insanity to all counts but one, to which he entered a plea of no contest.
The case went to trial on June 7, 1983. On July 15, the jury convicted the appellant on the four counts of aggravated murder, on the two counts of attempted murder, and on two counts of aggravated robbery. The appellant was acquitted on one count of aggravated robbery and on one specification on the fourth count of aggravated murder.
A sentencing hearing began on July 16, 1983. The appellant attempted to establish the existence of factors which would serve in mitigation of the imposition of the death sentence. R.C. 2929.03. The majority of the appellant's argument dealt with one issue, diminished capacity at the time of the acts. See R.C. 2929.04(B)(3). The appellee argued that any mitigating factors were outweighed by the aggravating circumstances of the murders. On July 19, 1983, the jury found that the aggravating circumstances outweighed any mitigating factors so as to justify imposition of the death sentence. The jury thus recommended to the court that such a sentence be imposed. The court, after conducting an independent analysis of the issues, agreed with the jury's finding and recommendation. Accordingly, the appellant was sentenced to death. Additionally, the appellant was sentenced to a term of 7-25 years on each conviction for attempted murder and aggravated robbery.
Since his arrest, the appellant has consistently admitted to committing the acts in question. The events which resulted in the appellant's indictment and subsequent convictions were as follows: In February of 1982, the appellant was an employee of the Edward W. Daniel Company. On the first day of that month, he decided that he did not feel up to going to work, so he called in sick. (Tr. 1381). The appellant then decided to go to the library at Cleveland State University. He always carried a gun when he left his apartmentdue to the fact that he was once mugged by five men. (Tr. 1382).
After arriving at the library, the appellant read for several hours. He then got up and went to the rest room. Once inside the rest room, he saw a black man who, he claimed at trial, exposed himself and ordered to have sex with the appellant. (Tr. 1390-1391). The appellant became extremely agitated and shot the man several times. (Tr. 1391, 1397). That man, who was later found dead, was identified as the Reverend Horace Rickerson.
On June 4, 1982, the appellant and a companion, Ronald Reddish, were driving on the west side of Cleveland. They stopped and parked near the R.T.A. rapid transit station at the intersection of Madison Avenue and West 117th Street. (Tr. 1414). The appellant, believing he saw a black man enter the train station, decided to follow him. He testified that he intended to kill the black man as retribution for two white women who were alternately raped and killed by a black man. (Tr. 1415-1418). The appellant also admitted at trial that he considered that a murder on the west side of Cleveland and would not be linked to the Rickerson murder at Cleveland State. (Tr. 1673-1674). Unable to find the black man, the appellant returned to the car. As he was getting into the car, the man he had just seen, John Hardaway, walked directly past the appellant and Reddish and into the station. The appellant quickly pursued. After entering the station, he pulled his gun, approached Hardaway, and fired several times. (Tr. 289, 1422-1424). Hardaway, gravely injured, managed to crawl onto the train platform. He was spotted by a train operator, who called for help. (Tr. 304, 313, 316). Hardaway was subsequently taken to St. John's Hospital and treated for his injuries. He later identified the appellant as the man who shot him. (Tr. 291-292).
Coletta Dartt, an employee in the Chemistry Department at Cleveland State University, went to the women's rest room in the University's Science Building at 5:00 P.M. on August 9, 1982. (Tr. 378-379). She was inside the rest room for several minutes. When she opened the door to her stall and prepared to leave, a man jumped out from the adjacent stall and aimed a gun at her. (Tr. 384). He ordered Dartt back into her stall, but she pushed him back and dove for the door. She felt the man grab for the shoulder on which she was carrying her shoulder bag. (Tr. 384-385). As she ran down the hall, Dartt heard a loud explosion and realized the man had fired his gun at her. (Tr. 385). At trial, Dartt identified the appellant as the man who confronted her in the rest room. (Tr. 386).
In a pre-trial statement to the police, the appellant stated that he shot at Dartt during the course of a robbery. (Tr. 1119). At trial, he testified that he was upset because he overheard Dartt and several other people making derisive remarks about the Nazi Party. The appellant testified at trial that he remembered shooting at Dartt. (Tr. 1435).
On August 27, 1982, the appellant was again in the men's rest room at Cleveland State University when he encountered Timothy Sheehan. Sheehan was in charge of maintenance for the physical plant of the University, and the appellant testified that he thought Sheehan was a Jewish professor who seduced and perverted young people. (Tr. 1465-1466). The appellant had earlier stated to the police that he was worried that Sheehan might recognize him, as Sheehan was in the rest room on February 1 immediately before the appellant shot and killed Horace Rickerson. (Tr. 1115-1116, 1155).
On August 27, Sheehan was standing at an urinal and allegedly staring at the appellant. (Tr. 1505). The appellant pulled his gun and shot Sheehan several times, fatally wounding him. (Tr. 1505). He took Sheehan's paging beeper and gathered up the brass bullet casings that were lying on the floor. (Tr. 1510). He then left the rest room.
The appellant and Ronald Reddish decided to go driving on the night of August 29, 1982. They drove through the near east side and downtown area of Cleveland on their "hunting" mission. (Tr. 1470). After driving for the better part of the night, the appellant took Reddish home. Still restless, the appellant continued to drive until he arrived at the Cleveland State campus. Brian Warford, a young black man, was sitting asleep at a bus stop. (Tr. 1474, 1478). The appellant parked the car and checked to insure that no other people were in the area. (Tr. 1475-1477). He approached Warford, and at close range, shot and killed him. (Tr. 1477-1480). The appellant was unable to find the bullet casings on the sidewalk because it was too dark. (Tr. 1700). Although he was worried that somebody may have heard the shooting, he was apparently able to avoid detection and made his way home. (Tr. 1481-1482).
On September 4, 1982, several Cleveland Police cars were dispatched to a house on East 53rd Street as a report was received of a man firing a gun from a window. (Tr. 690). After arriving on the scene, several officers went to the second floor of the house. The appellant, who was found inside, admitted to firing one shot. He was arrested for discharging a weapon within the city limits and for possession of unregistered handguns. (Tr. 701). Several weapons were confiscated, and the appellant was taken to the Justice Center. (Tr. 707). He later posted bond and was released. (Tr. 708).
On September 5, 1982, the Cleveland Police received a call from a woman with information about the Cleveland State murders. The caller, who asked to remain unidentified, told the police that the guns that were confiscated from the house on East 53rd had been used in the killings at Cleveland State University. (Tr. 715-717). Tests were then performed on the confiscated weapons, and comparisons were made with the pellets and casings found in connection with the Cleveland State homicides. After conducting this investigation, the police obtained a warrant to search the appellant's apartment. (Tr. 762-763.)
While they were in the process of searching the apartment, a neighbor told the police that her son had seen the appellant and Reddish driving in a car. The woman gave the police the license number that her son had copied down. (Tr. 868-869). Through the use of a computer, the police utilized the license number to get the address of the car's owner. Officers then went to a house at 4324 Marvin Avenue in Cleveland. Ronald Reddish answered the door and was quickly taken outside. (Tr. 892-893). Upon entering the house, the officers noticed open suitcases, one of which contained the appellant's identification. (Tr. 893-894). They also discovered a paging beeper that was later identified as the one which belonged to Timothy Sheehan. (Tr. 540-543). The appellant was found hiding in a basement...
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