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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. |