Post by Admin on May 20, 2007 17:12:34 GMT -5
State v. Skatzes Case No 83CR-3
Transcript of Proceedings
Hearing on Motion for New Trial
July 8th 1983
The judgement of conviction and sentence of Aggravated Murder were rendered against George Skatzes on April 29th 1983.
On May 13, 1983, defense counsel filed a Motion for an Order setting aside the Judgement based on SEVEN grounds.
On June 1, 1983, defense counsel filed a New Motion for a New Trial and a Supplement Memorandum to Motion for New Trial on grounds of newly discovered evidence, alleging that an affidavit from Danny Stanley illistrates prosecutorial misconduct. George Skatzes was not present on July 8, 1983, at the hearing for this motion. (Tr.1-4)
Prosecutor Douglas MacGillivray testified that he offered Danny Stanley a deal whereby Stanley would get immunity, the prosecutor would attempt to help him obtain shock probation or reduction of sentence, the prosecutor would takes steps to keep him in Logan County or get him transferred to Lima, and the prosecutor would write letters and do what he could to make sure the Parole Board would give him the most favourable consideration, if Stanley would turn State’s evidence and testify on behalf of the State. (MacGillivary, Tr 6-8: Harvey, Tr 39: Stanley, Tr 89)
Danny Stanley testified that Col. Anderson and Patrolman came and offered him a deal in exchange for testimony against Skatzes and Rogers.
Stanley gave a statement to MacGillivray, recorded but not under oath, in which Stanley mentioned his involvement of armed robberies and perhaps some lesser crimes in which he participated with George Skatzes and Jimmy Rogers. Part of the bargain was that Stanley would be housed in the city jail until he got into Lima or was released, and attempts would be made to approach the sentencing judge about a vacation of sentence or reduction of sentence; they got Jack Benton a suspended sentence and placed on five years parole, probation, and they told Stanley they would attempt to do that for him. Stanley was to receive immunity for any crime he told them about, and they would make every effort to convince the parole board that he should be released. Stanley was to testify to what they told him. (Stanley, Tr 89-93);
Crosss examination re crimes committed by Skatzes, Whitaker, Rogers and Stanley—armed robbery on a grocery store in Kenton, armed robbery on Leader Bar and Grill in Marion where a guy was shot in the stomach, armed robbery by Skatzes, rogers and Stanley on Rink’s store in Findlay, Stanley Tr 131; cross examination re escapes and other crimes by Stanley and two or three (breaking and entering) with Skatzes, Tr 137-143; re direct implicating Skatzes in other crimes. Tr 144-145).
Bellefontaine Policy Chief John Harvey testified that Danny Stanley arrived at the Bellefontaine City Jail in November 1982 and Jimmy Rogers arrived there some time later. (Harvery, Tr 30-31) Danny Stanley went to the grand jury with information on other counts in the multiple count indictments against George Skatzes and Jimmy Rogers. (Tr 40)
Harvey decided that Stanley would not be a State’s witness at trial and Stanley did not testify at Skatzes’ trial. (Harvey, Tr 38-39) Tr 93)
Phil Alloway was the investigator for the county prosecutor’s office who investigated the Arthur Smith murder. Alloway talked with Danny Stanley on numerous occasions. (Alloway Tr 43-44) Alloway told Stanley the story that Jimmy Rogers told and asked Stanley to shoot holes in it. Stanley did not believe George would wait alone with the body on Township Road 179 while Jimmy went back to town to get the car. (Alloway,Tr 46-47, 54-55; N Smith Tr 72-74) There were other conflicts in the facts told to Alloway by Rogers and Stanley. (Alloway, Tr 55-56)
Neil Smith Bellefontaine Police sergeant who was assigned as a detective during the three and a half year investigation of the Arthur Smith murder. (Tr. 70-71)
Stanley met with Alloway, Neil Smith and Keith Sutton in March (1983) and they asked him to shoot holes in Jimmy’s story; knowing both Jimmy and George, Stanley did not believe (Jimmy’s story) (Stanley on cross examination, Tr 140)
George was also a suspect in a Marion murder baased on information from Jack Benton and Jimmy Rogers. When Alloway showed composite photos of the alleged Marion murderer to Danny Stanley and Jerry Whitaker, both of them reacted, “That’s Jimmy Rogers” (Allowat, Tr 48-50; N. Smith 75-81; Stanley, Tr.113-116)
On March 29, (1983) the day the trial was aborted, Stanley was taken to the prosecutor’s office. Jerryy Whittaker was there. Neil Smith and Phil Alloway wanted to know if Stanley had any knowledge of Jimmy and George dressing up as blacks and doing armed robberies. They said Jimmy had implicated George in a murder and a shooting in Marion County when they dressed up like blacks. They showed Stanley composites, but not the ones introduced (in this hearing) as Defendant’s Exhibits 1 and 2. They looked like hand drawn composites; both of them had a full beard in the composites (Stanley and Whitaker) saw. Jerry Whittaker grabbed a composite, looked at it and said, “Christ, that’s Jimmy Rogers. Stanley kept his mouth shut but in his opinion one (of the composites) was Jimmy Rogers. (Stanley Tr 113-116) composites shown at this hearing don’t look like Rogers, 148-149; Argument Tr 192-193)
At no time as Lew Williams ever made aware while the case was pending, in discovery or during the course of the trial, that composites of the alleged perpetrator of the Westlawn murder in Marion were in the possession of the prosecutor, or that Whitaker and Stanley had indicated that they looked like Rogers. ( Williams Tr 87, 192-193)
After the trial, detectives from Marion had been down to talk to (Stanley and Rogers), and Jimmy told Stanley he was going to burn George on the murder up there. Stanley told Jimmy he didn’t believe so, because the composite looked just like (Rogers), and because Jerry Whitaker had said in the prosecutor’s office that Whitaker met George in December of 1978 and this murder supposedly happened on November 22 December of 1978. Jerry said, when he met George not a month (after the murder), George had a long straggly beard and there was no way he could have grown it back in time if his beard was trimmed in November. Stanley told this to Jimmy and Jimmy shaved off his beard. (Stanley Tr,.115-116)
Danny Stanley did not have any first hand knowledge of what happened at rink’s the night when Arthur Smith was murdered. (Alloway, Tr 54) Jimmy had first hand knowledge of what Jimmy Rogers (and Becky Boop) told him. (Stanley, Tr 111)
Danny Stanley discussed the Bellefontaine murder with Jimmy Rogers quite a bit. (See Rogers, Tr 177-179), Rogers testified that he never discussed the Rink’s murder with Stanley. The first time, Rogers told Stanley the statement he was giving as to how the murder happened; Stanley told the prosecutor’s office that there was no way the robbery went down like that.
Stanley pointed out that George would not wait out in the middle of nowhere while Jimmy took the car back to switch cars and come back out and find George, there was no way Jimmy would have come back and not seen the man they had kidnapped, and (there was no way) George didn’t tell Jimmy he had killed, (Arthur Smith) until he was ten or twenty miles down the road. If the car was a stick shift, George would have been the driver, not Jimmy because Jimmy can’t drive a stick shift. (Stanley, Tr 104-107) Argument, Tr 193.)
Stanley told the prosecutor’s assistants, Phil Alloway, Neil Smith and Keith Sutton that he thought Jimmy Rogers was the trigger man in this case. (Stanley, Tr 107)
In January (Tr. 12,82) or February ( Tr.37) 1983, after Skatzes was apprehended, defense counsel Lew Williams went to see Danny Stanley at the Bellefontaine City Jail. (MacGillivray, Tr 12; N Smith, Tr. 85)
Neil Smith testified that when Lew Williams went to the city jail and asked to see Danny Stanley, the dispatcher called Neil Smith from the policy department, and Smith went to the city jail where Lew Williams was waiting. Smith went to Stanley’s cell, woke him up and told him, Lew Williams is outside and he wants to talk to you” and Smith shook his head from side to side. Stanley agreed. Smith told Williams, “Danny doesn’t want to talk to you.” Williams said, “I want to hear that from Danny.” Smith then brought Danny out. Smith consulted with MacGillivray but it was Smith’s decision not to let Stanley talk to Skatzes’ defense counsel. (Smith, Tr. 82-84)
Danny Stanley testified that Neil Smith came to his cell one day when he was in bed and said, “George Skatzes’ attorney is out here and he wants to talk to you. Stanley started to get out of bed. Smith says, “You don’t want to talk to him, do you, and Smith started shaking his head indicating that he did not want Stanley to talk with Williams. Stanley said, MacGillivray already has his statements, what’s the problem talking with Williams. Smith said Doug doesn’t want you to. Stanley told Williams he did not want to talk to him. He was afraid they would find a violation of his deal. (Stanley, Tr. 103-104)
MacGillivray testified that his instructions were that it is up to each individual witness whether or not he talks (to defense counsel) but if he does the prosecution would like to be there so they can get an accurate recording of what was said. (MacGillivray, Tr 12)
Danny Stanley testified that Becky Boop is the mother of his son; they lived together. (Stanley, Tr,95, 97) She visited Stanley at the city jail and told him she couldn’t testify against Jimmy because she had done a couple of things with him. She had been busted for shoplifting, but at that time she had not been arrested or charged with any crimes with Jimmy Rogers or George Skatzes. She was arrested in January. Stanley talked with her in the Logan County Jail and talked her into giving a statement concerning her involvement in the Casper deal in Hardin County; Stanley told Boop, all they wanted was for her to testify to what she knew about Jimmy and George. She gave a statement and was released on recognizance. (Stanley, Tr. 95-99)
In April 1983, Col Anderson took Stanley to Bellefontaine City Jail to Boop’s home in Lima to visit his son. Becky was supposed to visit Stanley on April 27, the Skatzes trial was supposed to start April 28th. Alloway called her and asked her if she was coming, and she said yes, so he left a subpoena for her at the police department and told her to pick it up on Sunday. She didn’t show up. She left town for more than a week. The next time Stanley went to see her, he asked her what the problem was. She started crying and Becky Boop said she couldn’t testify against George because George wasn’t at the Art Smith murder; she was there with Jimmy Rogers; no one else was there. Her job was to stay in the car and listen to the police scanner.
This was prior to George’s trial (but how could it have been if it was more than 2 weeks after April 28?) (Stanley, Tr 99-102, cross examination re date of this conversation, Tr. 120-122, 133-134: cross examination re Rogers,Skatzes and Stanley cases Bellefontaine Rink’s with an idea of robbing it (denied by Rogers, Tr 179, but see Argument by Williams, Tr, 187,196) but Jimmy and George fell out, Jimmy did not have anybody to drive the car, and Becky (Boop) told Stanley that she was in the car behind Rink’s waiting on Jimmy and listening to the scanner, Becky got $1,000, they were almost back to Lima before Jimmy told her he shot (Arthur Smith), Stanley, Tr. 132; redirect. Jimmy’s (relationship with Becky) was the reason that Danny Stanley broke up with Becky Boop, (Stanley, Tr 145-146)
Rogers testified that it was Rogers and Skatzes, not Stanley (see Stanley, Tr 132), and not Boop, who cased Rink’s together (Rogers, Tr. 179). It was Skatzes not Boop, who was with him, during the robbery of Rink’s and killing of Arthur Smith. (Rogers, Tr 180)
Stanley was transferred to the County Jail on April 9, (1983) for 24 hours. MacGillivray came and talked with Stanley on April 9. MacGillivray agreed that housing Stanley in the Bellefontaine (City) Jail was part of the bargain. Stanley threatened to call Lew Williams. Stanley was transferred back to the City Jail the same day. This was prior to Rogers telling Stanley that George was not even there. (Stanley, Tr.112- 113)
Just prior to the (Skatzes) trial, Jimmy was high on valiums and he was talking about the case. Jimmy Rogers told Danny Stanley that he (Rogers) was going to guarantee that George got convicted. (Rogers) said (Skatzes) had done him wrong; George could have gotten Rogers out of the penitentiary on bond, he had the money and wouldn’t do it; George threatened Rogers’ wife and kids—there’s no holds barred now. “He said, and what makes it so sweet is—his exact words were—the motherf**ker (George) wasn’t even there”
Stanley told Col. Anderson, he believes after the trial. (Stanley, Tr 107, 108, 109; Stanley, cross examination, mid April, a few days before the trial began on April 18, Tr 127-128, redirect, Tr 155, cross examination re Rogers lying about George in 1980, Rogers trying to blackmail George into getting Rogers out on bond, Tr 128-129, 135-136; Rogers told Stanley that he had a guy that had the $20,000 to get an appeal bond and he’d better put it up because Rogers knew too much on him, Stanley assumed the man with the money was Skatzes, Tr. 149-150; cf. 119, Rogers wanted to burn George re murder in Marion).
Danny Stanley told Jackie Moore about the admissions by Becky Boop and Jimmy Rogers just prior to or during Skatzes’ trial. (Stanley, Tr. 105, 109, 147; cross examination, Tr 151-153)
After the trial, Stanley told Col. Anderson about what Jimmy told him (but not about Becky) because Col. Anderson believed Jimmy was lying too. (Tr 150)
Jackie Moore testified that Danny Stanley told her about Jimmy Rogers during the trial, before the weekend she believes, when they were still picking jurors. She thinks he told her about Becky after that, before the jury came back with a verdict against George. (Moore, TR 159, 167). She assumed George would not be convicted, and Danny would have a lot to lose –his deal with the prosecution—if he told.. (Moore, Tr 160)
Moore says she told Carl May, a police officer, that Danny Stanley had told her in confidence that Becky said George was not there the night (of the murder), that Skatzes was innocent and that Becky Boop was really the accomplice instead of Skatzes. (Moore Tr. 163-164 Moore went to Phil Alloway more than once and asked him to go talk to Danny. (Moore, Tr 165)
Stanley had a fight with Jimmy Rogers on May 17, (1983). Stanley, Tr 122)
On May 19, 1983, Chief of Police Harvey and Logan County Sheriff Watts issued guidelines for Handling of Stanley and Rogers. (exhibit B)
Stanley talked with Lew Williams on May 20. (1983) Stanley Tr,122)
After the Skatzes trial and after Danny Stanley gave an affidavit to defense counsel Lew Williams, Policiy Chief Harvey had Stanley transferred from the Bellefontaine City Jail to the Logan County Jail as a security risk. Stanley got into a fist fight with Jimmy Rogers; Jack Benton reported that an escape attempt was brewing. (MacGillivray, Tr 27; Harvey, Tr 36-37, 40-41)
Milt Watts Sheriff of Logan County, testified re differential treatment of Rogers and Stanley while in the Logan County Jail. Tr. 57ff. Danny Stanley was transferred from the Bellefontaine City Jail to the Logan County Jail on June 6 (1983) about a week after Stanley gave defense counsel an affidavit). (Watts, Tr 69; Stanley,Tr 109)
Letter dated June 6 1983, from John W Harvey, Chief of Police, Bellefontaine Police Department to Sheriff Milt Watt, Logan County Sheriff states, “Dan Stanley is being held in our lock up as a states witness. Due to the fact of limited man power and the fact he is no longer a states witness, and a security risk at this time, I request that he be moved to the County Jail. (exhibit (A) ).
Steven H Stout sergeant for the Bellefontaine Police Department, testified that he escorted Danny Stanley to and from an interview with Lew Williams on May 20, 1983. (Stout TR 170) Stout asked Stanley why he talked with Williams and whether it would violate his agreement with the prosecutor. Stanley told Stout that he didn’t think it would (violate his agreement); he thought he could get Skatzes out of the conviction, and could get Jimmy Rogers. This was just after a confrontation between Stanley and Rogers and Stanley was extremely upset with Rogers. (Stout Tr 171)
In the first part of June 1983, Stout went to see Stanley in Logan County Jail. Stanley asked Stout to talk to Chief Harvey or Sheriff Watts to see whether they would let him go to the new county jail where Rogers was with the same privileges that Rogers had; that if the prosecution would live up to their part of the agreement, he would forget about this. He would still testify to the affidavit but he would say that Jimmy was high on Valium and that was the only reason Jimmy had told him this. (Stout, Tr 172-174) Stanley was sticking by what he said in the agreement. (Stout, Tr 176)
Jimmy Rogers and Jack Benton lied for Stanley under oath. (Stanley under cross examination, Tr 125) Alloway chose to believe Jimmy Rogers, the three time admitted perjuror, compared to Danny Stanley, the one time admitted perjuror, based on other information. (Alloway, T 56)
James Rogers key witness against Skatzes in murder of Arthur Smith, testified that he read the affidavit signed by Stanley on May 20, 1983, it is not true that Skatzes was not involved and Rogers never discussed the details of the Rink’s murder with Stanley.
Stanley was given a statement that led to the indictment of Rogers and Rogers knew that Stanley was a key witness against him. (Rogers, Tr 176-178) Rogers denied that he ever got stoned on Valiums in the jail, said he does not indulge in any drugs. (George wrote in the margin, “Big Lie!) (Rogers, Tr 178)
Argument by Lew Williams: This is the new evidence that Williams could not have discovered (before trial) due to the actions of an agent for the State of Ohio (in preventing Williams from talking with Stanley when Williams went to see him); it could have swayed the jury, resulting in a different outcome. (Argument Tr. 186,189, 194)
The only evidence against George Skatzes is the words of Jimmy and Diane Rogers, (Stanley) is a witness who says the main witness was a liar. (Argument, Tr 186-187)
There is no evidence that Skatzes cased Rink’s in Bellefontaine with Rogers in October 1979. (Argument Tr 188) Lew Williams says Becky Boop admitted to him that she did case the Bellefontaine job with Jimmy Rogers just like she cases the Casper Farm in Hardin County. If she cased the job with him (which he denies, Rogers Tr. 179) she probably did it with him.
Argument by MacGillivray Stanley’s affidavit is vague as to what, when or where anything was said. He wants his special privileges back. Stanley is a con. He got into a fight with Rogers. He’s lied before. (Argument, Tr 190-191) Although Becky Boop Is not mentioned in his affidavit, MacGillivray moves that newly discovered evidence re Boop be included within this motion for the courts consideration. (Argument, Tr 190-191)
Court: Did Mr Stanley mention to you (Williams) anything (on the day Williams took the affidavit) about Becky Boop being with Mr Rogers?
Williams: He did not, he mentioned it some time (during the week prior to this hearing). Becky Boop was a suspect at various times in this case—rumor she was screaming when Art Smith was shot and she was the driver of the getaway car. (Argument, Tr 195-196)
Court: If you had the affidavit on May 20th, why wasn’t it filed till June 1?
Williams: Stanley asked Williams not to file it right away.
Transcript of Proceedings
Hearing on Motion for New Trial
July 8th 1983
The judgement of conviction and sentence of Aggravated Murder were rendered against George Skatzes on April 29th 1983.
On May 13, 1983, defense counsel filed a Motion for an Order setting aside the Judgement based on SEVEN grounds.
On June 1, 1983, defense counsel filed a New Motion for a New Trial and a Supplement Memorandum to Motion for New Trial on grounds of newly discovered evidence, alleging that an affidavit from Danny Stanley illistrates prosecutorial misconduct. George Skatzes was not present on July 8, 1983, at the hearing for this motion. (Tr.1-4)
Prosecutor Douglas MacGillivray testified that he offered Danny Stanley a deal whereby Stanley would get immunity, the prosecutor would attempt to help him obtain shock probation or reduction of sentence, the prosecutor would takes steps to keep him in Logan County or get him transferred to Lima, and the prosecutor would write letters and do what he could to make sure the Parole Board would give him the most favourable consideration, if Stanley would turn State’s evidence and testify on behalf of the State. (MacGillivary, Tr 6-8: Harvey, Tr 39: Stanley, Tr 89)
Danny Stanley testified that Col. Anderson and Patrolman came and offered him a deal in exchange for testimony against Skatzes and Rogers.
Stanley gave a statement to MacGillivray, recorded but not under oath, in which Stanley mentioned his involvement of armed robberies and perhaps some lesser crimes in which he participated with George Skatzes and Jimmy Rogers. Part of the bargain was that Stanley would be housed in the city jail until he got into Lima or was released, and attempts would be made to approach the sentencing judge about a vacation of sentence or reduction of sentence; they got Jack Benton a suspended sentence and placed on five years parole, probation, and they told Stanley they would attempt to do that for him. Stanley was to receive immunity for any crime he told them about, and they would make every effort to convince the parole board that he should be released. Stanley was to testify to what they told him. (Stanley, Tr 89-93);
Crosss examination re crimes committed by Skatzes, Whitaker, Rogers and Stanley—armed robbery on a grocery store in Kenton, armed robbery on Leader Bar and Grill in Marion where a guy was shot in the stomach, armed robbery by Skatzes, rogers and Stanley on Rink’s store in Findlay, Stanley Tr 131; cross examination re escapes and other crimes by Stanley and two or three (breaking and entering) with Skatzes, Tr 137-143; re direct implicating Skatzes in other crimes. Tr 144-145).
Bellefontaine Policy Chief John Harvey testified that Danny Stanley arrived at the Bellefontaine City Jail in November 1982 and Jimmy Rogers arrived there some time later. (Harvery, Tr 30-31) Danny Stanley went to the grand jury with information on other counts in the multiple count indictments against George Skatzes and Jimmy Rogers. (Tr 40)
Harvey decided that Stanley would not be a State’s witness at trial and Stanley did not testify at Skatzes’ trial. (Harvey, Tr 38-39) Tr 93)
Phil Alloway was the investigator for the county prosecutor’s office who investigated the Arthur Smith murder. Alloway talked with Danny Stanley on numerous occasions. (Alloway Tr 43-44) Alloway told Stanley the story that Jimmy Rogers told and asked Stanley to shoot holes in it. Stanley did not believe George would wait alone with the body on Township Road 179 while Jimmy went back to town to get the car. (Alloway,Tr 46-47, 54-55; N Smith Tr 72-74) There were other conflicts in the facts told to Alloway by Rogers and Stanley. (Alloway, Tr 55-56)
Neil Smith Bellefontaine Police sergeant who was assigned as a detective during the three and a half year investigation of the Arthur Smith murder. (Tr. 70-71)
Stanley met with Alloway, Neil Smith and Keith Sutton in March (1983) and they asked him to shoot holes in Jimmy’s story; knowing both Jimmy and George, Stanley did not believe (Jimmy’s story) (Stanley on cross examination, Tr 140)
George was also a suspect in a Marion murder baased on information from Jack Benton and Jimmy Rogers. When Alloway showed composite photos of the alleged Marion murderer to Danny Stanley and Jerry Whitaker, both of them reacted, “That’s Jimmy Rogers” (Allowat, Tr 48-50; N. Smith 75-81; Stanley, Tr.113-116)
On March 29, (1983) the day the trial was aborted, Stanley was taken to the prosecutor’s office. Jerryy Whittaker was there. Neil Smith and Phil Alloway wanted to know if Stanley had any knowledge of Jimmy and George dressing up as blacks and doing armed robberies. They said Jimmy had implicated George in a murder and a shooting in Marion County when they dressed up like blacks. They showed Stanley composites, but not the ones introduced (in this hearing) as Defendant’s Exhibits 1 and 2. They looked like hand drawn composites; both of them had a full beard in the composites (Stanley and Whitaker) saw. Jerry Whittaker grabbed a composite, looked at it and said, “Christ, that’s Jimmy Rogers. Stanley kept his mouth shut but in his opinion one (of the composites) was Jimmy Rogers. (Stanley Tr 113-116) composites shown at this hearing don’t look like Rogers, 148-149; Argument Tr 192-193)
At no time as Lew Williams ever made aware while the case was pending, in discovery or during the course of the trial, that composites of the alleged perpetrator of the Westlawn murder in Marion were in the possession of the prosecutor, or that Whitaker and Stanley had indicated that they looked like Rogers. ( Williams Tr 87, 192-193)
After the trial, detectives from Marion had been down to talk to (Stanley and Rogers), and Jimmy told Stanley he was going to burn George on the murder up there. Stanley told Jimmy he didn’t believe so, because the composite looked just like (Rogers), and because Jerry Whitaker had said in the prosecutor’s office that Whitaker met George in December of 1978 and this murder supposedly happened on November 22 December of 1978. Jerry said, when he met George not a month (after the murder), George had a long straggly beard and there was no way he could have grown it back in time if his beard was trimmed in November. Stanley told this to Jimmy and Jimmy shaved off his beard. (Stanley Tr,.115-116)
Danny Stanley did not have any first hand knowledge of what happened at rink’s the night when Arthur Smith was murdered. (Alloway, Tr 54) Jimmy had first hand knowledge of what Jimmy Rogers (and Becky Boop) told him. (Stanley, Tr 111)
Danny Stanley discussed the Bellefontaine murder with Jimmy Rogers quite a bit. (See Rogers, Tr 177-179), Rogers testified that he never discussed the Rink’s murder with Stanley. The first time, Rogers told Stanley the statement he was giving as to how the murder happened; Stanley told the prosecutor’s office that there was no way the robbery went down like that.
Stanley pointed out that George would not wait out in the middle of nowhere while Jimmy took the car back to switch cars and come back out and find George, there was no way Jimmy would have come back and not seen the man they had kidnapped, and (there was no way) George didn’t tell Jimmy he had killed, (Arthur Smith) until he was ten or twenty miles down the road. If the car was a stick shift, George would have been the driver, not Jimmy because Jimmy can’t drive a stick shift. (Stanley, Tr 104-107) Argument, Tr 193.)
Stanley told the prosecutor’s assistants, Phil Alloway, Neil Smith and Keith Sutton that he thought Jimmy Rogers was the trigger man in this case. (Stanley, Tr 107)
In January (Tr. 12,82) or February ( Tr.37) 1983, after Skatzes was apprehended, defense counsel Lew Williams went to see Danny Stanley at the Bellefontaine City Jail. (MacGillivray, Tr 12; N Smith, Tr. 85)
Neil Smith testified that when Lew Williams went to the city jail and asked to see Danny Stanley, the dispatcher called Neil Smith from the policy department, and Smith went to the city jail where Lew Williams was waiting. Smith went to Stanley’s cell, woke him up and told him, Lew Williams is outside and he wants to talk to you” and Smith shook his head from side to side. Stanley agreed. Smith told Williams, “Danny doesn’t want to talk to you.” Williams said, “I want to hear that from Danny.” Smith then brought Danny out. Smith consulted with MacGillivray but it was Smith’s decision not to let Stanley talk to Skatzes’ defense counsel. (Smith, Tr. 82-84)
Danny Stanley testified that Neil Smith came to his cell one day when he was in bed and said, “George Skatzes’ attorney is out here and he wants to talk to you. Stanley started to get out of bed. Smith says, “You don’t want to talk to him, do you, and Smith started shaking his head indicating that he did not want Stanley to talk with Williams. Stanley said, MacGillivray already has his statements, what’s the problem talking with Williams. Smith said Doug doesn’t want you to. Stanley told Williams he did not want to talk to him. He was afraid they would find a violation of his deal. (Stanley, Tr. 103-104)
MacGillivray testified that his instructions were that it is up to each individual witness whether or not he talks (to defense counsel) but if he does the prosecution would like to be there so they can get an accurate recording of what was said. (MacGillivray, Tr 12)
Danny Stanley testified that Becky Boop is the mother of his son; they lived together. (Stanley, Tr,95, 97) She visited Stanley at the city jail and told him she couldn’t testify against Jimmy because she had done a couple of things with him. She had been busted for shoplifting, but at that time she had not been arrested or charged with any crimes with Jimmy Rogers or George Skatzes. She was arrested in January. Stanley talked with her in the Logan County Jail and talked her into giving a statement concerning her involvement in the Casper deal in Hardin County; Stanley told Boop, all they wanted was for her to testify to what she knew about Jimmy and George. She gave a statement and was released on recognizance. (Stanley, Tr. 95-99)
In April 1983, Col Anderson took Stanley to Bellefontaine City Jail to Boop’s home in Lima to visit his son. Becky was supposed to visit Stanley on April 27, the Skatzes trial was supposed to start April 28th. Alloway called her and asked her if she was coming, and she said yes, so he left a subpoena for her at the police department and told her to pick it up on Sunday. She didn’t show up. She left town for more than a week. The next time Stanley went to see her, he asked her what the problem was. She started crying and Becky Boop said she couldn’t testify against George because George wasn’t at the Art Smith murder; she was there with Jimmy Rogers; no one else was there. Her job was to stay in the car and listen to the police scanner.
This was prior to George’s trial (but how could it have been if it was more than 2 weeks after April 28?) (Stanley, Tr 99-102, cross examination re date of this conversation, Tr. 120-122, 133-134: cross examination re Rogers,Skatzes and Stanley cases Bellefontaine Rink’s with an idea of robbing it (denied by Rogers, Tr 179, but see Argument by Williams, Tr, 187,196) but Jimmy and George fell out, Jimmy did not have anybody to drive the car, and Becky (Boop) told Stanley that she was in the car behind Rink’s waiting on Jimmy and listening to the scanner, Becky got $1,000, they were almost back to Lima before Jimmy told her he shot (Arthur Smith), Stanley, Tr. 132; redirect. Jimmy’s (relationship with Becky) was the reason that Danny Stanley broke up with Becky Boop, (Stanley, Tr 145-146)
Rogers testified that it was Rogers and Skatzes, not Stanley (see Stanley, Tr 132), and not Boop, who cased Rink’s together (Rogers, Tr. 179). It was Skatzes not Boop, who was with him, during the robbery of Rink’s and killing of Arthur Smith. (Rogers, Tr 180)
Stanley was transferred to the County Jail on April 9, (1983) for 24 hours. MacGillivray came and talked with Stanley on April 9. MacGillivray agreed that housing Stanley in the Bellefontaine (City) Jail was part of the bargain. Stanley threatened to call Lew Williams. Stanley was transferred back to the City Jail the same day. This was prior to Rogers telling Stanley that George was not even there. (Stanley, Tr.112- 113)
Just prior to the (Skatzes) trial, Jimmy was high on valiums and he was talking about the case. Jimmy Rogers told Danny Stanley that he (Rogers) was going to guarantee that George got convicted. (Rogers) said (Skatzes) had done him wrong; George could have gotten Rogers out of the penitentiary on bond, he had the money and wouldn’t do it; George threatened Rogers’ wife and kids—there’s no holds barred now. “He said, and what makes it so sweet is—his exact words were—the motherf**ker (George) wasn’t even there”
Stanley told Col. Anderson, he believes after the trial. (Stanley, Tr 107, 108, 109; Stanley, cross examination, mid April, a few days before the trial began on April 18, Tr 127-128, redirect, Tr 155, cross examination re Rogers lying about George in 1980, Rogers trying to blackmail George into getting Rogers out on bond, Tr 128-129, 135-136; Rogers told Stanley that he had a guy that had the $20,000 to get an appeal bond and he’d better put it up because Rogers knew too much on him, Stanley assumed the man with the money was Skatzes, Tr. 149-150; cf. 119, Rogers wanted to burn George re murder in Marion).
Danny Stanley told Jackie Moore about the admissions by Becky Boop and Jimmy Rogers just prior to or during Skatzes’ trial. (Stanley, Tr. 105, 109, 147; cross examination, Tr 151-153)
After the trial, Stanley told Col. Anderson about what Jimmy told him (but not about Becky) because Col. Anderson believed Jimmy was lying too. (Tr 150)
Jackie Moore testified that Danny Stanley told her about Jimmy Rogers during the trial, before the weekend she believes, when they were still picking jurors. She thinks he told her about Becky after that, before the jury came back with a verdict against George. (Moore, TR 159, 167). She assumed George would not be convicted, and Danny would have a lot to lose –his deal with the prosecution—if he told.. (Moore, Tr 160)
Moore says she told Carl May, a police officer, that Danny Stanley had told her in confidence that Becky said George was not there the night (of the murder), that Skatzes was innocent and that Becky Boop was really the accomplice instead of Skatzes. (Moore Tr. 163-164 Moore went to Phil Alloway more than once and asked him to go talk to Danny. (Moore, Tr 165)
Stanley had a fight with Jimmy Rogers on May 17, (1983). Stanley, Tr 122)
On May 19, 1983, Chief of Police Harvey and Logan County Sheriff Watts issued guidelines for Handling of Stanley and Rogers. (exhibit B)
Stanley talked with Lew Williams on May 20. (1983) Stanley Tr,122)
After the Skatzes trial and after Danny Stanley gave an affidavit to defense counsel Lew Williams, Policiy Chief Harvey had Stanley transferred from the Bellefontaine City Jail to the Logan County Jail as a security risk. Stanley got into a fist fight with Jimmy Rogers; Jack Benton reported that an escape attempt was brewing. (MacGillivray, Tr 27; Harvey, Tr 36-37, 40-41)
Milt Watts Sheriff of Logan County, testified re differential treatment of Rogers and Stanley while in the Logan County Jail. Tr. 57ff. Danny Stanley was transferred from the Bellefontaine City Jail to the Logan County Jail on June 6 (1983) about a week after Stanley gave defense counsel an affidavit). (Watts, Tr 69; Stanley,Tr 109)
Letter dated June 6 1983, from John W Harvey, Chief of Police, Bellefontaine Police Department to Sheriff Milt Watt, Logan County Sheriff states, “Dan Stanley is being held in our lock up as a states witness. Due to the fact of limited man power and the fact he is no longer a states witness, and a security risk at this time, I request that he be moved to the County Jail. (exhibit (A) ).
Steven H Stout sergeant for the Bellefontaine Police Department, testified that he escorted Danny Stanley to and from an interview with Lew Williams on May 20, 1983. (Stout TR 170) Stout asked Stanley why he talked with Williams and whether it would violate his agreement with the prosecutor. Stanley told Stout that he didn’t think it would (violate his agreement); he thought he could get Skatzes out of the conviction, and could get Jimmy Rogers. This was just after a confrontation between Stanley and Rogers and Stanley was extremely upset with Rogers. (Stout Tr 171)
In the first part of June 1983, Stout went to see Stanley in Logan County Jail. Stanley asked Stout to talk to Chief Harvey or Sheriff Watts to see whether they would let him go to the new county jail where Rogers was with the same privileges that Rogers had; that if the prosecution would live up to their part of the agreement, he would forget about this. He would still testify to the affidavit but he would say that Jimmy was high on Valium and that was the only reason Jimmy had told him this. (Stout, Tr 172-174) Stanley was sticking by what he said in the agreement. (Stout, Tr 176)
Jimmy Rogers and Jack Benton lied for Stanley under oath. (Stanley under cross examination, Tr 125) Alloway chose to believe Jimmy Rogers, the three time admitted perjuror, compared to Danny Stanley, the one time admitted perjuror, based on other information. (Alloway, T 56)
James Rogers key witness against Skatzes in murder of Arthur Smith, testified that he read the affidavit signed by Stanley on May 20, 1983, it is not true that Skatzes was not involved and Rogers never discussed the details of the Rink’s murder with Stanley.
Stanley was given a statement that led to the indictment of Rogers and Rogers knew that Stanley was a key witness against him. (Rogers, Tr 176-178) Rogers denied that he ever got stoned on Valiums in the jail, said he does not indulge in any drugs. (George wrote in the margin, “Big Lie!) (Rogers, Tr 178)
Argument by Lew Williams: This is the new evidence that Williams could not have discovered (before trial) due to the actions of an agent for the State of Ohio (in preventing Williams from talking with Stanley when Williams went to see him); it could have swayed the jury, resulting in a different outcome. (Argument Tr. 186,189, 194)
The only evidence against George Skatzes is the words of Jimmy and Diane Rogers, (Stanley) is a witness who says the main witness was a liar. (Argument, Tr 186-187)
There is no evidence that Skatzes cased Rink’s in Bellefontaine with Rogers in October 1979. (Argument Tr 188) Lew Williams says Becky Boop admitted to him that she did case the Bellefontaine job with Jimmy Rogers just like she cases the Casper Farm in Hardin County. If she cased the job with him (which he denies, Rogers Tr. 179) she probably did it with him.
Argument by MacGillivray Stanley’s affidavit is vague as to what, when or where anything was said. He wants his special privileges back. Stanley is a con. He got into a fight with Rogers. He’s lied before. (Argument, Tr 190-191) Although Becky Boop Is not mentioned in his affidavit, MacGillivray moves that newly discovered evidence re Boop be included within this motion for the courts consideration. (Argument, Tr 190-191)
Court: Did Mr Stanley mention to you (Williams) anything (on the day Williams took the affidavit) about Becky Boop being with Mr Rogers?
Williams: He did not, he mentioned it some time (during the week prior to this hearing). Becky Boop was a suspect at various times in this case—rumor she was screaming when Art Smith was shot and she was the driver of the getaway car. (Argument, Tr 195-196)
Court: If you had the affidavit on May 20th, why wasn’t it filed till June 1?
Williams: Stanley asked Williams not to file it right away.