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John Michael HOOKER

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Parricide
Number of victims: 2
Date of murders: March 27, 1988
Date of arrest: April 3, 1988
Date of birth: October 9, 1953
Victims profile: Sylvia Stokes, 28, his common-law wife, and her mother Durcilla Morgan
Method of murder: Stabbing with knife
Location: Oklahoma County, Oklahoma, USA
Status: Executed by lethal injection in Oklahoma on March 25, 2003
 
 
 
 
 
 

Summary:

Hooker and Sylvia Stokes had a turbulent relationship, lived together off and on for eight years, and had three children together.

Five months before her murder, Sylvia obtained a Protective Order against Hooker. They reconciled and planned to marry in February 1988, but broke up again. Hooker did not trust Sylvia and was angry and jealous after the breakup. When he was drinking, he talked about killing her. He also resented her mother Drucilla and indicated he would "get" both of them.

In late March, 1988 Sylvia and the children moved out of the apartment they shared with Hooker because Sylvia was afraid Hooker might harm her and the children. They moved in with her mother, Drucilla Morgan, who lived in the same apartment complex.

On March 27, 1988, Hooker repeatedly visited the Morgan apartment, attempting to persuade Sylvia to return to his apartment. She refused, and Hooker returned to his apartment alone. Later that afternoon, neighbors saw Drucilla and Sylvia entering Hooker's apartment.

The next day, Cynthia Stokes went to Hooker's apartment to check on her mother and sister. Both were found inside in a pool of blood. Sylvia Stokes was stabbed 8 times and Morgan 12 and both died from the stab wounds. DNA testing confirmed that blood found on Hooker's pants matched both victims.

Hooker had a prior conviction for manslaughter and assault and battery with a deadly weapon with intent to kill when he was 17 years old.

Citations:

Hooker v. State, 934 P.2d 352 (Okl.Cr. 1997). (PCR)
Hooker v. State, 887 P.2d 1351 (Okl.Cr. 1994). (Direct Appeal)

Final Meal:

Three chicken breasts and three chicken wings from KFC, broccoli spears with cheese sauce, a baked potato with sour cream and chives, two bacon cheeseburgers, two slices of cherry cheesecake and two 7-Ups.

Final Words:

"To all my family and friends, I'm all hooked up. I can't even move. I'm at peace. Y'all stay up. I'm out."

ClarkProsecutor.org

 
 

Oklahoma Department of Corrections

Inmate: John M. Hooker
ODOC# 82701
Birthdate: 10/09/1953
Race: Black
Sex: Male
Height: 5 ft. 07 in
Weight: 160 pounds
Hair: Black
Eyes: Brown
Location: Oklahoma State Penitentiary, Mcalester

 
 

Oklahoma Attorney General

News Release - W.A. Drew Edmondson, Attorney General

John Michael Hooker Execution Date Set

01/22/2003 - The Oklahoma Court of Criminal Appeals today set March 25 as the execution date for Oklahoma County death row inmate John Michael Hooker, Attorney General Drew Edmondson said.

Hooker, 49, was convicted of the March 27, 1988, murders of his common-law wife Sylvia Stokes, 28, and her mother Durcilla Morgan, 53, at an Oklahoma City apartment. Both suffered multiple stab wounds from an eight-inch butcher knife. Stokes was stabbed eight times; Morgan 12. Edmondson requested the execution date Jan. 21, the same day the U.S. Supreme Court denied the inmate's final appeal.

 
 

ProDeathPenalty.com

An Oklahoma jury convicted John Michael Hooker for the first degree murders of his common-law wife, Sylvia Stokes, and her mother, Drucilla Morgan. Hooker and Sylvia lived together for eight years and had three children.

Their relationship was turbulent; they frequently separated and reconciled. It was also a violent relationship. Prior to the murders, Hooker threatened and attacked Sylvia, once inflicting severe head lacerations.

Five months before her murder, Sylvia obtained a Victim Protective Order against Hooker. At that time, she expressed fear he would harm her and stated she did not want to be "like the others dead." The couple reconciled and planned to marry in February 1988. They broke up again. Hooker did not trust Sylvia. He was angry every time they broke up and was jealous when other men paid attention to her. When he was drinking, he talked about killing her. He also resented her mother Drucilla and indicated he would "get" both of them.

In early 1988, Hooker, Sylvia and their three children lived at the Providence Apartments in Oklahoma City. In late March, Sylvia and the children moved out of the apartment they shared with Hooker because Sylvia was afraid Hooker might harm her and the children. They moved in with Drucilla Morgan, who lived in the same apartment complex.

On March 27, 1988, Hooker repeatedly visited the Morgan apartment, attempting to persuade Sylvia to return to his apartment. She refused, and Hooker returned to his apartment alone. Later that afternoon, neighbors saw Drucilla and Sylvia entering Hooker's apartment.

Two women in the apartment below Hooker's apartment heard bumping and thumping noises, like someone rapidly moving furniture and throwing things. Although they heard no voices, they prayed about the noises because they thought Hooker and Sylvia were fighting again. Other witnesses saw Hooker with blood on his clothing, apparently after he left the apartment.

The next day, Cynthia Stokes went to Hooker's apartment to check on her mother and sister. She had difficulty opening the door but was able to push it open slightly, looked in and saw her mother on the floor surrounded by a pool of blood.

The police were called and found Drucilla and Sylvia in the apartment. Sylvia Stokes was stabbed 8 times and Morgan 12, causing internal bleeding that killed them. Both women died of multiple stab wounds. The police investigation revealed the killer left the apartment through a bedroom window.

The police found a knife, with the victims' blood on it, on the floor below the window. A partial bloody footprint in the apartment matched one of Hooker's tennis shoes. The police arrested Hooker approximately one week after the murders.

Police found blood matching the victims' blood type (B) on Hooker's blue jeans and determined that Hooker has type O blood. In 2001, officials re-examined DNA evidence in Hooker's case because it originally had been handled by Oklahoma City police chemist Joyce Gilchrist. Investigators retested DNA evidence submitted in all of Gilchrist's cases after officials accused her of performing shoddy work. Results of the retesting showed that blood from Stokes and Morgan was found on Hooker's pants, officials said.

Hooker had killed in the past. When he was 17 years-old, Hooker pleaded guilty to manslaughter and assault and battery with a deadly weapon with intent to kill. Court documents stated that in 1971, Hooker attended a party, became involved in an argument with the female hostess and pulled a gun twice. One bullet wounded the woman and the other hit Hooker's friend, killing him.

Sylvia Stokes and Drusilla Morgan have been gone since 1988, but for Cynthia Stokes they live on in the faces of her sister's children. Cynthia Stokes was 28 years old when she went from being a mother of three to a mother of seven. She had to take care of Sylvia Stokes' three young children and her 11-year-old sister, Crystal. "I miss them and stuff, but they're still here," Cynthia Stokes said Monday. "Every day is a blessing. They have really been my strength," she said of the children, now ages 20, 16 and 10.

Cynthia Stokes said the children have had no contact with their father, John Michael Hooker, who faces execution Tuesday evening for the deaths of their mother and grandmother. "I never raised them to be against him. I always left that door open," Cynthia Stokes said. "He never reached out to them either, to make amends or tell his side of the story or anything like that."

UPDATE: In McAlester, a man convicted of stabbing his girlfriend and her mother to death in 1988 was put to death Tuesday. John Michael Hooker, 49, was pronounced dead at 6:07 p.m. at the Oklahoma State Penitentiary.

The U.S. Supreme Court late Tuesday afternoon denied without comment a habeas corpus appeal and a request for an emergency stay filed by Hooker's attorney. Hooker was executed almost 15 years after stabbing Sylvia Stokes, 28, and Drusilla Morgan, 53, so many times on March 27, 1988, they bled internally until they died.

The victims' family members did not speak to reporters after the execution, but Leonard Stokes, the son and brother of the two victims, released a statement. "I am feeling a sense of relief and like a weight has been lifted off of my shoulders personally," he said. "I can finally move on with my life and so can my family. Now I can focus on what is important to me and that is my family. We will always love and remember them. They may be gone physically, but they will never be far from our hearts or our minds."

 
 

National Coalition to Abolish the Death Penalty

John Hooker, OK - March 25, 2003 - 6:00 CST, 7:00 EST

The state of Oklahoma is scheduled to execute John Hooker March 25 for the murders of his common-law wife, Sylvia Stokes, and her mother, Durcilla Morgan. Hooker, a black man, allegedly stabbed the two women to death in his Oklahoma City apartment on the evening of March 27, 1988.

The Providence Apartment Complex, where the murders occurred, had a long-standing reputation as a haven for frequent drug abuse and violence. Although Hooker, Stokes, and their three children lived together in an apartment there for quite some time, Stokes and the children had moved in with Morgan a few months earlier.

According to witnesses, Hooker had been visiting Morgan’s apartment during the afternoon on the day of the murders, attempting to persuade Stokes to move back in with him. She refused, but later in the day, walked with Morgan to Hooker’s apartment, where they both eventually suffered fatal stabbings. Medical examinations found they were intoxicated at the time of the murders, and blood analyses also found the drug PCP in Stokes’ blood.

Over the years, Hooker has argued a wide range of issues that could have altered the outcome of his trial, primarily improper jury selection procedure and ineffective counsel. Thus far, he has had no success in the appellate courts.

This pending execution reflects a bleak perspective from the state of Oklahoma in terms of solving issues concerning crime, poverty, and substance abuse. Hooker, like many death row inmates, grew up surrounded by drugs, violence, and a disturbing family lifestyle. He developed an addiction to PCP, which plagued him throughout his life despite several serious attempts to quit. He was under the influence of PCP, as well as alcohol, at the time of the murders.

Hooker also made note of his chronic underlying depression, as well as his inferiority complex and fragile coping skills, during the penalty phase of his trial. The state of Oklahoma can do better than sweep its problems under the carpet by executing people who fall victim to cycles of drug abuse and violence as a result of their upbringing. Please write the state of Oklahoma and request clemency for John Hooker.

 
 

Man Executed for Killing Pair

By Rochelle Hines - Daily Oklahoman

March 26, 2003

McALESTER (AP) - A man convicted of stabbing his girlfriend and her mother to death in 1988 was put to death Tuesday. John Michael Hooker was pronounced dead at 6:07 p.m. at the Oklahoma State Penitentiary.

Hooker was executed almost 15 years after stabbing Sylvia Stokes, 28, and Drusilla Morgan, 53, so many times on March 27, 1988, they bled internally until they died. Stokes, the mother of his three young children, had moved out of the Oklahoma City apartment she shared with Hooker a week before the murders.

She had told her sister she feared Hooker would hurt her and the children. After Stokes and Morgan went back to the apartment to pick up clothing and food for the children, witnesses reported hearing loud noises coming from the residence. Hooker was later seen with blood on his clothes.

In 2001, officials re-examined DNA evidence in Hooker's case because it originally had been handled by Oklahoma City police chemist Joyce Gilchrist. Investigators retested DNA evidence submitted in all of Gilchrist's cases after officials accused her of performing shoddy work.

Results of the retesting showed blood from Stokes and Morgan was found on Hooker's pants, officials said. The 10th U.S. Circuit Court of Appeals in Denver denied Hooker's appeal last year and the U.S. Supreme Court rejected an appeal in January. On March 12, the Oklahoma Pardon and Parole Board denied clemency for Hooker. The U.S. Supreme Court late Tuesday afternoon denied without comment a habeas corpus appeal and a request for an emergency stay filed by Hooker's attorney.

 
 

Man Who Killed Two Women with Butcher Knife Executed

By Robert Anthony Phillips - TheDeathHouse.com

March 25, 2003

McALESTER, Okla. - A man who used a butcher knife to murder his estranged common-law wife and her mother in 1988 was executed by lethal injection at the state prison here Tuesday night. John Michael Hooker, 49, became the fourth condemned killer executed in Oklahoma in 2003.

Prior to the murders of the two women, Hooker had served a prison term for manslaughter. The victims were Sylvia Stokes, 28, Hooker’s common-law wife, and her mother, Drucilla Morgan, 53. Hooker and Stokes had three children. Prosecutors believe Hooker murdered the two women because his common-law wife had left him and he wanted her to come back.

"To all my family and friends, what's up guys?" Hooker said in his last statement from the death chamber. "I'm all hooked up. I can't even move my hands, or none of that. But that's all right. I'm at peace. I'm good, ya'll are good, ya'll stay up. I'm out."

The lethal chemcials began flowing into his arm at 6:05 p.m. and he was pronounced dead at 6:07 p.m. Court records show that the Stokes and Hooker had a violent and turbulent relationship. Hooker had previously attacked Stokes, who had obtained a court order of protection against him. Stokes and the children had moved out of the apartment in late March 1988.

Drinking, Drugs And Murder

Several witnesses testified that on Sunday, March 27, 1988, Stokes was at her mother's apartment drinking beer and talking with friends and family. Hooker arrived and tried to persuade Stokes to return home with him, but she refused. Prosecutors say the murders occurred on that day. The bodies were discovered the next day. An autopsy revealed that both women were drunk at the time of their deaths. In addition, the drug PCP was discovered in Stokes’ blood.

Previous Slaying

The key evidence against Hooker included prior threats against his wife; blood on his clothing that matched the victims’ blood type; a bloody shoeprint matching shoes he wore; and witnesses who stated they had seen him leave the apartment with blood on his clothing. Hooker had killed in the past.

When he was 17 years-old, Hooker pleaded guilty to manslaughter and assault and battery with a deadly weapon with intent to kill. Court documents said that Hooker had attended a party, became involved in an argument with the female hostess and pulled a gun and shot twice. One bullet wounded the woman and the other hit Hooker's friend, killing him.

Gilchrist Connection

Another aspect of the capital murder case against Hooker involved Oklahoma City police chemist Joyce Gilchrist, whose work in many cases has been discredited and found to be faulty. She conducted tests which revealed that the blood found on Hooker’s pants and shoes came from the victims. Due to problems with Gilchrist's work, the Oklahoma Attorney General’s Office retested the blood samples, sending them to a Texas DNA lab. The new tests, again, revealed that the blood found on Hooker’s pants and shoes came from the victims, the AG’s office stated.

 
 

Family Awaits Execution of Double Murderer

By Rochelle Hines - Daily Oklahoman

March 24, 2003

OKLAHOMA CITY - Sylvia Stokes and Drusilla Morgan have been gone since 1988, but for Cynthia Stokes they live on in her memories and in the faces of her sister's children. Cynthia Stokes was 28 years old when she went from being a mother of three to a mother of seven.

She had to take care of Sylvia Stokes' three young children and her 11-year-old sister, Crystal. "I miss them and stuff, but they're still here," Cynthia Stokes said Monday of the children, now ages 20, 10 and 16. "Every day is a blessing. They have really been my strength."

Cynthia Stokes said the children have not had any contact with their father, John Michael Hooker, who faces execution Tuesday evening for the deaths of their mother and grandmother. "I never raised them to be against him. I always left that door open," Cynthia Stokes said. "He never reached out to them either, to make amends or tell his side of the story or anything like that."

Hooker's lawyer filed an appeal and a request for a stay of execution with the U.S. Supreme Court on Monday. The attorney general's office was crafting a response, said Charlie Price, a spokesman with the attorney general's office. Calls to attorney Randy Bauman were not immediately returned. If it happens, Hooker will be executed nearly 15 years to the day he stabbed Morgan and Stokes to death.

March 27, 1988, was the day Sylvia Stokes had wanted Hooker out of the apartment they shared with their children. About a week before, she had taken the children and moved in with her mother. Sylvia Stokes had told Cynthia Stokes that she feared Hooker would do something to her and the children, court records show.

According to witnesses, Hooker entered the apartment that day shortly before Sylvia Stokes and Morgan went there to pick up some clean clothes and food for the children. Residents who lived in the apartment below Hooker's said they heard loud noises, and later saw Hooker with blood on his clothing.

When Cynthia and her sister, Crystal, went to check on their relatives the following day, Cynthia had trouble getting into Hooker's apartment. She managed to push the door open slightly, looked in and saw her mother on the floor surrounded by a pool of blood. "I'm feeling stuff I forgot," Cynthia Stokes said, crying as she recalled the moment. Sylvia Stokes was stabbed eight time and Morgan 12, causing internal bleeding that killed them both.

Violence marred the eight-year relationship between Hooker and Sylvia Stokes. One witness reported seeing Hooker beat his girlfriend in the head with a stick that resembled a pool cue in 1986. The manager of the apartment complex said she had seen bruises on Stokes' head. Sylvia Stokes sought a victim's protective order against Hooker in October 1987, but the couple reconciled and planned to marry in February 1988.

They broke up again. A friend of the couple testified at Hooker's trial that Hooker had talked about killing Sylvia Stokes and possibly her mother just four days before the murders. For Cynthia Stokes, following through with that threat took away a sister who was like a twin, they were about a year apart in age, and a mother who was well-liked. "Everywhere we go, people were like `we love Miss Dru.' If they needed a cup of sugar or a few dollars to carry them over until they got paid, she'd do it," Cynthia Stokes said of her mother.

For a while in 2001, it looked like Hooker's case might change course. Officials re-examined DNA evidence because it originally had been handled by Oklahoma City police chemist Joyce Gilchrist. Investigators retested DNA evidence submitted in all of Gilchrist's cases after officials accused her of performing shoddy work. Results of the retesting, however, showed that blood from Stokes and Morgan was found on Hooker's pants, officials said.

The 10th U.S. Circuit of Appeals in Denver denied Hooker's appeal last year and the U.S. Supreme Court rejected an appeal in January. "I'm glad it's fixing to be over," Cynthia Stokes said. "It's something that's never going to go away. We're going to always live with it." Crystal Stokes said she had "no problem with them killing that man." "Not only did my mom and sister die, but my mother's only sister drank herself to death behind this. "My uncle is 67 years old. He's been waiting on this day."

 
 

State Executes Fourth Inmate For the Year

By Doug Russell - McAlester News

March 26, 2003

"I'm out." With those words, John Michael Hooker lay his head on the gurney to which he was strapped and closed his eyes at 6:05 p.m. Tuesday. A lethal mixture of drugs began flowing through two intravenous lines inserted into his arms. Two minutes later, he was pronounced dead, the fourth death row inmate executed by the state of Oklahoma this year.

Hooker, 49, was executed almost 15 years to the day from the day he killed Sylvia Stokes, his 28-year-old common law wife, and her 58-year-old mother, Drusilla Morgan, in his Oklahoma City apartment.

Hooker lifted his shaved head from the gurney and smiled as the blinds blocking the state's execution chamber from view were raised.

Looking at the six people gathered to see him - a daughter, a sister, a brother, two spiritual advisors and an attorney - he nodded his head and began to speak. "To all my family and friends - what's up guys? I'm all hooked up.

Can't even move my hands or none of that, but that's all right. I'm at peace. I'm good." He addressed each person witnessing the execution on his behalf individually, then closed by again saying "I'm good. Y'all are good. Y'all stay up. "I'm out."

He said nothing to the nine murder victims' family members who were seated a few feet away behind one way glass. As his daughter sobbed "Oh, my daddy," Hooker made a few loud snoring sounds and his head and feet twitched.

He did not move again. "I am feeling a sense of relief like a weight has been lifted off of my shoulders personally," said Leonard Stokes, Sylvia Stokes' brother and Drusilla Morgan's son. "I can finally move on with my life and so can my family. Now I can focus on what is important to me and that is my family. "We will always love and remember them. They may be gone physically, but they will never be far from our hearts and minds."

According to court documents, Hooker and Stokes had lived together for eight years before the murders. They had three children and frequently separated and reconciled during their time together. Hooker was jealous and threatened and attacked Stokes, inflicting severe lacerations to her head on at least one occasion.

Five months before the murders, Stokes obtained a protective order against Hooker, but they reconciled and lived together in an Oklahoma City apartment until she said she was afraid Hooker might hurt the children and moved in with her mother. Hooker repeatedly tried to get Stokes to return, but she refused.

On March 27, 1988, Stokes and Morgan went to Hooker's apartment to retrieve some of her belongings. They did not leave the apartment alive. Prosecutors contend Hooker was already inside the apartment when the women entered and repeatedly attacked them with an 8-inch butcher knife.

Morgan suffered 12 stab wounds. Stokes suffered eight. Hooker was convicted of the murders and sentenced to death. Over the next 15 years every legal appeal he tried failed, but questions about some of the evidence used to convict arose after the work of a police chemist came into question.

Oklahoma City police chemist Joyce Gilchrist had worked on numerous cases, including Hooker's, and left that job after the accuracy of her work came into question. The Oklahoma State Bureau of Investigation and other agencies soon began retesting much of the evidence Gilchrist had worked with - including blood evidence used in convicting Hooker of the two murders. The retesting proved that blood on Hooker's pants came from the murder victims, according to the OSBI.

Hooker was the 59th inmate to be executed since Oklahoma resumed executions in 1979. Four other death row inmates currently have execution dates. Grady County killer David Jay Brown is scheduled to be executed Thursday. Scott Allen Hain is to be executed April 3. Don Wilson Hawkins Jr. has an April 8 execution date and Larry Kenneth Jackson is scheduled to be executed April 17.

 
 

Habeas June 21, 2002

JOHN MICHAEL HOOKER, Petitioner-Appellant,

v.

MIKE MULLIN, Warden, Oklahoma State Penitentiary;

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
(D.C. No. 97-CV-284-C) .

Before TACHA, Chief Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.

BRORBY, Senior Circuit Judge.

An Oklahoma jury convicted John Michael Hooker for the first degree murders of his common-law wife, Sylvia Stokes, and her mother, Drucilla Morgan. In accordance with the verdict, the Oklahoma district court sentenced him to death. He appeals the denial of his federal habeas corpus petition seeking to overturn those convictions and sentences. Exercising jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(c), we affirm the district court's denial of habeas corpus relief.(1)

BACKGROUND

The facts were well-summarized by the Oklahoma Court of Criminal Appeals in reviewing Mr. Hooker's direct appeal. Hooker v. State, 887 P.2d 1351 (Okla. Crim. App. 1994), cert. denied, 516 U.S. 858 (1995). We will restate the pertinent facts.

Mr. Hooker and Ms. Stokes lived together for eight years and had three children. Their relationship was turbulent; they frequently separated and reconciled. It was also a violent relationship. Prior to the murders, Mr. Hooker threatened and attacked Ms. Stokes, once inflicting severe head lacerations.

Five months before her murder, Ms. Stokes obtained a Victim Protective Order against Mr. Hooker. At that time, she expressed fear he would harm her and stated she did not want to be "like the others dead." Mr. Hooker distrusted Ms. Stokes. He was angry every time they broke up and was jealous when other men paid attention to her. When he was drinking, he talked about killing her. He also resented Ms. Morgan and indicated he would "get" both of them.

In early 1988, Mr. Hooker, Ms. Stokes and their three children lived at the Providence Apartments in Oklahoma City. In late March, Ms. Stokes and the children moved out of the apartment they shared with Mr. Hooker because Ms. Stokes was afraid Mr. Hooker might harm her and the children.

They moved in with Ms. Morgan, who lived in the same apartment complex. On March 27, 1988, Mr. Hooker repeatedly visited the Morgan apartment, attempting to persuade Ms. Stokes to return to his apartment. She refused, and Mr. Hooker returned to his apartment alone. Later that afternoon, neighbors saw Ms. Morgan and Ms. Stokes entering Mr. Hooker's apartment.

Two women in the apartment below Mr. Hooker's apartment heard bumping and thumping noises, like someone rapidly moving furniture and throwing things. Although they heard no voices, they prayed about the noises because they thought Mr. Hooker and Ms. Stokes were fighting again. Other witnesses saw Mr. Hooker with blood on his clothing, apparently after he left the apartment.

The next day, Cynthia Stokes went to Mr. Hooker's apartment to check on her mother and sister. She pushed the door open slightly and saw her mother lying on the floor in a pool of blood. The police found Ms. Morgan and Ms. Stokes in the apartment. Both women died of multiple stab wounds.

The police investigation revealed the killer left the apartment through a bedroom window. The police found a knife, with the victims' blood on it, on the floor below the window. A partial bloody footprint in the apartment matched one of Mr. Hooker's tennis shoes. The police arrested Mr. Hooker approximately one week after the murders. Police found blood matching the victims' blood type (B) on Mr. Hooker's blue jeans. Mr. Hooker has type O blood.

The jury convicted Mr. Hooker of two counts of first degree murder. At the second stage of trial, defense counsel stipulated (1) Mr. Hooker had prior violent felony convictions, and (2) he would be a continuing threat to society. In addition to the evidence presented at the first stage of trial, the State presented aggravating evidence of Mr. Hooker's nonchalant attitude about the killings when police arrested him.

Mr. Hooker presented mitigating evidence about his prior offenses, his excellent prison record, his work ethic after he was released from prison, his love for his children and Ms. Stokes, his substance abuse problem, his changed behavior while using drugs, his fragile coping skills, his feelings of inferiority, his strong interpersonal skills, his traumatic family background and his chronic underlying depression.

The jury found four aggravating circumstances: (1) Mr. Hooker had a previous felony conviction involving the use or threat of violence; (2) he knowingly created a great risk of death to more than one person; (3) the murders were especially heinous, atrocious or cruel; and (4) a probability existed he would commit future acts of violence constituting a continuing threat to society. In accordance with the jury's recommendation, the trial court sentenced Mr. Hooker to death for both murders. The Oklahoma Court of Criminal Appeals affirmed the convictions and death sentences, and later denied post-conviction relief. Hooker, 887 P.2d 1351 (upholding convictions and sentences), aff'd 934 P.2d 352 (Okla. Crim. App. 1997) (denying post-conviction relief).

The federal district court denied habeas corpus relief. It granted a certificate of appealability on two issues: (1) trial counsel's ineffectiveness in stipulating to two aggravating circumstances, and (2) the effect of the improper admission of Ms. Stokes' statement, set forth in the Victim's Protective Order, that Mr. Hooker had previously killed others. We granted a certificate of appealability on two additional issues: (1) the trial court's failure to instruct on the lesser included offense of manslaughter, and (2) the sufficiency of the evidence of conscious suffering to support the jury's finding especially heinous, atrocious or cruel aggravating circumstances.(2)

* * * *

Accordingly, we AFFIRM the federal district court's denial of habeas corpus relief.

 
 

Hooker v. State, 887 P.2d 1351 (Okl.Cr. 1994). (Direct Appeal)

CHAPEL, Judge:

John Michael Hooker was charged with two counts of First Degree Murder with Malice Aforethought in violation of 21 O.S.Supp.1982, § 701.7, in the District Court of Oklahoma County, Case No. CRF-88-1939. Count I charged Hooker with the murder of Sylvia Stokes, and Count II charged Hooker with the murder of Drucilla Morgan. The State filed two Bills of Particulars seeking the death penalty on each count.

A jury trial was held October 24-28, 1988, before the Honorable Leamon Freeman, District Judge. At the conclusion of the first stage of the trial, the jury returned a verdict of guilty of first degree murder on both counts. The case then proceeded to the capital sentencing phase of trial.

During sentencing, the jury found the existence of four aggravating circumstances: (1) Hooker was previously convicted of a felony involving the use or threat of violence to the person; (2) Hooker knowingly created a great risk of death to more than one person; (3) the murder was especially heinous, atrocious or cruel; and (4) the existence of a probability that Hooker would commit criminal acts of violence constituting a continuing threat to society. The jury then sentenced Hooker to death on both murder counts. From this Judgment and Sentence, Hooker has perfected this appeal.

FACTS

Sylvia Stokes was John Hooker's common-law wife. Hooker and Stokes had a violent, turbulent relationship, which was marked by episodes in which Hooker physically attacked Stokes. Several witnesses testified about Hooker's attacks on Stokes and about threats Hooker had made against Stokes.

The State also introduced a Victim's Protective Order ("VPO") that Stokes had secured against Hooker approximately seven months before her death. In the spring of 1988, Hooker, Stokes and their three children were living in the Providence Apartments in Oklahoma City. Drucilla Morgan, Stokes' mother, as well as other members of Stokes' family, also lived in this apartment complex. Witnesses characterized the apartment complex as one where many residents regularly used drugs, such as PCP, and where violence was not infrequent.

In late March 1988, Stokes and her children moved out of the apartment she shared with Hooker. Several witnesses testified that on Sunday, March 27, 1988, Stokes was at her mother's apartment drinking beer and talking with friends and family. While Stokes was at her mother's apartment, Hooker arrived and tried to persuade Stokes to return home with him, but she refused.

Several witnesses testified that later that Sunday afternoon, they observed Stokes and Morgan enter the Hooker-Stokes apartment. Witnesses also testified they saw Hooker enter the apartment. The witnesses' accounts of these events varied and the times at which these incidents occurred also varied. Some witnesses also testified they noticed Hooker leave the apartment wearing a light colored shirt, blue jeans, tennis shoes and carrying a jacket over his arm or shoulder. They saw blood on Hooker's clothing. Other witnesses also observed blood on Hooker's clothing when they saw Hooker that Sunday afternoon or evening.

Two women, who were in the apartment below the Hooker-Stokes apartment on Sunday afternoon, testified they heard loud noises, like furniture moving, in the Hooker-Stokes apartment. Although the witnesses did not hear any arguing or screaming, the loud noises were sufficiently troubling as to cause the women to pray. After five minutes the noises stopped. The women estimated the incident occurred between 4:00 and 5:00 p.m.

Cynthia Stokes, who was Stokes' sister and Morgan's daughter, testified she saw Hooker in the Hooker-Stokes apartment on Sunday evening watching "60 Minutes" on television. Cynthia stated neither her sister Sylvia nor her mother were in the apartment with Hooker.

On Monday morning, March 28, Cynthia Stokes grew concerned because she had not seen her mother or sister since Sunday afternoon. Cynthia went to the Hooker- Stokes apartment to see if she could find them. Cynthia was unable to enter the apartment because something was blocking the door. She then managed to push the door open slightly and look in the apartment. Cynthia saw her mother lying on the floor in a pool of blood. She immediately called the police.

The police found both Stokes and Morgan's bodies in the apartment. The women died from multiple stab wounds. A blood analysis of the women indicated both women were intoxicated at the time of death. The analysis further indicated the presence of PCP in Stokes' blood.

Officer Gilbert Riggs testified that Stokes' body was blocking the only door to the apartment. The police investigation revealed that Stokes and Morgan's murderer left the apartment through a back window. The police also uncovered a partial bloody footprint in the apartment that was consistent with tennis shoes worn by Hooker. Hooker's shoe is a common brand and the print could have matched other similar shoes.

Over a week after the bodies of Stokes and Morgan were found, Hooker was arrested. Blood found on his blue jeans was analyzed as type B. Hooker's blood type is O; Stokes and Morgan were blood type B. Twenty-two per cent of African-Americans have blood type B. Hooker, Stokes and Morgan are African-American.

* * * *

Accordingly, we find no error warranting reversing Hooker's convictions or modifying the sentences of death. The trial court's Judgment and Sentence for First Degree Murder is AFFIRMED.

 

 

 
 
 
 
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