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Joseph
Blaine STARVAGGI
Robbery
While this was occurring, Grace and Susan,
Denson’s wife and daughter, were tied hand to foot and forced to
remain under a blanket. Susan Denson, 13 years old, managed to
witness her fathers death through a tiny hole in the blanket. She
later testified that her father begged for mercy while one of the
burglars shouted “kill him, kill him.”
During the trial, she identified the men by their
voices. The other accomplices, G.W. Green and Glenn Earl Martin,
ordered Starvaggi to shoot Denson’s wife and daughter, but he
refused. He claimed he only shot “dopers and pigs.” Starvaggi
apologized to Denson’s wife and daughter, refused to kill them, took
ammunition from the gun cabinet and left.
Starvaggi was charged for the murder of John
Denson and sentenced to death. A last minute appeal was denied by
Federal Judge Lynn Hughes of Houston and the United States Court of
Appeals for the Fifth Circuit in New Orleans.
His attorney, Anthony P. Griffin disagreed with
the secession and claimed that the jury was selected improperly. He
said that the U.S. Supreme Court rulings should have been applied
rather than the Texas law when the jury was selected.
Starvaggi’s attorney also claimed that he was
temporally insane when the murder took place. This claim resulted
from the confession that Starvaggi and the other two men were
“pretty loaded” from ingesting large amounts of alcohol and drugs.
The dosages of the drugs were not proven and this plea was denied.
Griffin said he was not certain if he would be able to win the stay
from U.S. District Judge Lynn Hughes, but he was prepared to take
this case to the federal appeals courts. Despite Griffin’s efforts,
Starvaggi’s appeals were rejected.
At the time of the murder, Starvaggi was on
probation for a burglary and had a long history of property related
crimes. He also received a bad conduct discharge out of the military.
He said that his previous convictions were non-violent offenses and
that a psychiatrists test showed that he was not likely to kill
again. The court felt that the evidence posted against Starvaggi
were sufficient enough to consider him a threat to society.
On the morning of September 10, 1987, after
spending ten years on death row, Starvaggi was strapped to a gurney
and administered a lethal injection.
He refused his last two meals and had no final
statement. He was pronounced dead at 12:30 a.m. He became the 26th
Texas inmate to be put to death since the state resumed the death
penalty in 1982.
Killer Put to Death in Texas's 6th Execution
of '87
The New York Times
A man who spent 10 years on death row was executed early today for
murdering a probation officer.
Joseph Starvaggi, a 34-year-old cement finisher
and native of Champaign, Ill., was pronounced dead shortly after
midnight by Charles Brown, a spokesman for the Texas Department of
Corrections.
Mr. Starvaggi, who made no last statement, was
executed by lethal injection for the slaying of John Denson, who was
killed during a 1976 burglary at his home as the victim's wife and
daughter huddled under a nearby blanket. Late Appeals Fall Short
Federal Judge Lynn Hughes of Houston and the
United States Court of Appeals for the Fifth Circuit in New Orleans
denied last-minute appeals Wednesday. The United States Supreme
Court refused on a 6-2 vote to halt the execution late Wednesday.
In an interview Wednesday, the victim's wife,
Grace Denson, said that she and her husband were watching television,
and that their 13-year-old daughter, Susan, was upstairs the night
of the murder.
''They rang the doorbell,'' she said. ''I started
going upstairs. On the third step, I heard something and looked
around and this guy was pushing inside with a gun.''
One of the burglars ordered that she and her
daughter remain upstairs, throwing a blanket over them.
''He went downstairs and we heard a shot,'' she
said, adding that he later ordered them downstairs but kept the
blanket over their heads.
Susan, however, could see through a hole in the
blanket. She testified that her father, shot once, begged for mercy
while one of the burglars shouted, ''Kill him, kill him.'' Mr.
Denson was shot twice more.
Refused to Kill Others
Mrs. Denson recalled how one of the men insisted
that Mr. Starvaggi also kill her and her daughter, but that he
refused.
Mr. Starvaggi was one of three men convicted in
the slaying of Mr. Denson. G.W. Green of Houston also is on death
row, while Glen Earl Martin of Houston is serving a life prison term.
The three were convicted of breaking into the
Montgomery County juvenile probation officer's home in Magnolia, 50
miles north of Huston, and stealing $6,000 worth of guns Nov. 19,
1976.
Mr. Starvaggi was the 26th Texas inmate put to
death since the state resumed the death penalty in 1982 and the
sixth in Texas this year.
A man who shot his pleading burglary victim to death, then spared
the slain man's wife and daughter because he killed only ''dopers
and pigs,'' was executed by the state early today.
Joseph Starvaggi, a 34-year-old cement finisher,
went to his death silently. He had remained calm throughout his last
day, prison officials said, requesting no visitors and no personal
witnesses to his execution. He was administered a lethal injection
at 12:22 A.M. and, after coughing and gasping twice, was pronounced
dead eight minutes later.
Mr. Starvaggi had sought a reprieve, but it was
turned down Wednesday by a Federal district court, by the United
States Court of Appeals for the Fifth Circuit, in New Orleans, and
by the Supreme Court. He became the 26th person put to death by
Texas since the state resumed executions in 1982, and the sixth this
year.
Break-In at a Rural Home
The crime for which Mr. Starvaggi died occurred
Nov. 19, 1976. That evening he and at least two other men forced
their way into the rural Montgomery County home of John Denson,
about 50 miles north of Houston. The apparent motive was to steal a
$6,000 gun collection owned by Mr. Denson, a juvenile probation
officer.
Mr. Denson's wife and 13-year-old daughter, tied
hand and foot and forced to lie under a blanket, heard Mr. Denson,
already shot once, beg for his life before Mr. Starvaggi shot him
two more times, killing him.
Mr. Denson's widow, Grace, recalled Wednesday
that another of the burglars, G. W. Green, had insisted that Mr.
Starvaggi also kill her and her daughter, Susan.
''I shoot dopers and pigs, but I don't shoot
straights,'' she said Mr. Starvaggi replied. Then, she said, Mr.
Starvaggi told her: ''I killed your old man. You had a good old man.''
A third burglar, Glen Earl Martin, was sentenced to a life prison
term for the crime, and charges against a fourth man were dismissed.
But Mr. Starvaggi and Mr. Green were both sentenced to death.
''Oh, good - one down, one to go,'' Mrs. Denson
said today after being told of the Starvaggi execution.
''I've gone through bitterness,'' she said. ''I've
gone through everything. I don't like to be bitter, but I am. Why
has this taken so long?''