Picked quickly, triple-murder jury ready to set precedent
When he was brought to court Tuesday morning, Oba Chandler
had a few complaints about his treatment at the Orange County
Jail, and he made them loudly enough for everyone in court to hear.
He didn't get a hot supper Monday night, just a sack lunch. He
didn't get a shower until 1 a.m. And he was awakened at 4 a.m. to get
ready for his court appearance five hours later.
By 1:15 p.m., his problems with Orange County were solved:
Chandler's defense attorneys and prosecutors had agreed on a panel
of Orange County residents to be brought back to Pinellas County
to serve as jurors for his triple-murder trial.
For the first time in the state, a jury is being imported from one
county to try a criminal case in another. Jury selection, which in less
than two days took a pool of 324 registered voters and boiled it down
to 12 jurors and two alternates, went far more smoothly than anyone
expected.
"I couldn't have picked a jury faster in St. Petersburg,'' a smiling
Circuit Judge Susan Schaeffer said when they were done.
The group they settled on is composed of nine women and five
men. The panel includes a minister's wife, a missile mechanic, a pair
of school bus drivers, the manager of two Holiday Inns, employees
of United Parcel Service and the U.S. Postal Service, an
apartment-house maintenance man, a Pepsi salesman and a
banquet server.
Most of the 324 fell by the wayside Monday when Schaeffer asked
how many would be willing to spend four weeks on a trial,
sequestered in a hotel far from their homes. Only 33 people
volunteered for such an onerous job.
Then came a battery of questions from Schaeffer, Chief Assistant
State Attorney Bruce Bartlett, Assistant State Attorney Robert
Lewis and defense attorney Fredric Zinober. The judge and lawyers
probed the would-be jurors' backgrounds and attitudes on
everything from capital punishment to television detective shows
such as Murder, She Wrote.
"This is not something that's been contrived to entertain you,''
Lewis warned the group Tuesday. "The victims in this case are
really dead. They won't appear later on some other show. This is not
at all like television.''
Chandler, 47, has pleaded innocent to charges he murdered Joan
Rogers, 36, and her daughters Christe, 14, and Michelle, 17. The
women, who were on vacation from their dairy farm in rural Ohio,
disappeared from a motel in Tampa on June 1, 1989.
Three days later their bodies were found floating in Tampa Bay
near St. Petersburg. They were
nude from the waist down, bound and gagged, with concrete blocks
tied to their necks.
Prosecutors contend Chandler lured the three women aboard his
21-foot boat for a sunset cruise, then raped them and threw them
overboard. Chandler's defense team says police arrested the wrong
man.
If convicted on any of the three first-degree murder charges facing
him, Chandler could be sentenced to death, particularly if the jury
recommends it.
The tremendous publicity the case has received over the past five
years
including coverage by such national TV shows as Unsolved
Mysteries, which ran an updated story on the case Sunday
convinced Schaeffer and the lawyers that finding an impartial jury
to try Chandler in Hillsborough or Pinellas counties would be
difficult, if not impossible.
Even in Orange County, though, they found people who had heard
about the case. One man was visiting Ohio when the bodies were
found and remembered seeing the extensive news coverage the case
received in the Midwest. However, none of those who had heard of
the case could recall its details, and all said they had formed no
opinion on the question of Chandler's guilt or innocence.
It will still be a few days yet before the newly selected jurors will
begin hearing evidence on that question. Schaeffer has scheduled
opening arguments to begin at 8:30 a.m. Monday.
That gives the 14 a little time to pack their bags and prepare
themselves before they begin work on what one would-be juror
called "the most important decision in my life, because a man's life
hangs in the balance."

List of potential jurors for Chandler trial is down to 25
In a city where tourism is king, the case of a man charged with
murdering three tourists from Ohio began Monday with lawyers for
both sides quizzing 324 Orange County voters who may be asked to
decide the fate of Oba Chandler.
The lawyers asked them about the death penalty and dairy
farming. They asked who owned a boat, who had visited the Tampa
Bay area, who had any qualms about seeing gruesome photos of the
three bodies pulled from the bay five years ago. They even probed
one man's feelings about the rape of someone he knew.
After more than eight hours of questioning, they had trimmed the
324 down to 25 people who may today yield the 12 jurors and two
alternates they need for Chandler's monthlong trial.
Chandler, 47, has pleaded innocent to the charges he murdered
Joan Rogers, 36, and her daughters Christe, 14, and Michelle, 17.
The three women, who lived on a dairy farm in rural Ohio, vanished
from a Tampa motel on June 1, 1989, and were found in the bay
three days later.
Prosecutors say Chandler lured the women aboard his boat for a
sunset cruise, took them out in the bay and raped them, then threw
them overboard to drown.
The circumstances of the women's demise
stripped from the
waist down, bound and gagged, tied to concrete blocks
brought
the case a deluge of publicity that has abated little today.
The television show Unsolved Mysteries featured the case, and
after police arrested Chandler in 1992, Hard Copy came calling as
well, offering money to members of Chandler's family who had been
named as witnesses against him.
Because of the media barrage, all sides in the case agreed in July
that finding an impartial jury for Chandler in Pinellas or
Hillsborough counties would be difficult, if not impossible.
But instead of moving the trial elsewhere, both sides agreed to use
a new state law that allows a court to select jurors from another
county and bring them back to the original jurisdiction for a trial.
This case marks the first time the law has been used.
For the duration of Chandler's trial, the Orange County jurors will
be isolated so they will not see or hear anything about the case other
than what is presented in court.
So the most important question posed in court Monday was the
one Schaeffer asked over and over: How many would volunteer to be
held hostage for justice for four weeks?
It helped that she could offer them money: $210 a week. All three
meals will be paid for by the state, as will laundry service, the judge
said. In the hotel
which the judge did not identify, except to say it
is close to the criminal courts complex on 49th Street
the jurors
will be provided with videos, board games and even live
entertainment.
"In your off hours we promise to keep you as entertained as
possible,'' she said.
And on Sundays, the only day of the week when the trial will take
a break, she said family and friends can come for visits supervised
by a team of bailiffs.
Despite those enticements, Schaeffer's request for volunteers
never drew more than a handful of takers out of each group of 50 she
questioned.
By lunchtime, though, those handfuls totaled 44, a multiracial
mix that included homemakers, school bus drivers, a former FBI
employee and an out-of-work scientist. One man wore a motorcycle
jacket festooned with buttons, one of which read, "I Have Perfected
the Art of Deviant Behavior.''
After lunch, however, 11 of those 44 bailed out because they had
had second thoughts. One, a college student, said he had thought
the judge said four days, not four weeks. Many cited problems with
being away from their jobs for so long.
"I've been instructed by my employer that if I volunteer for this
jury duty, I'll be fired,'' one man told the judge. When the judge
asked who his employer was, the man said, "My father,'' then added
that his father is a lawyer.
A few more fell by the wayside because, if Chandler's jury convicts
him, the jurors will have to recommend whether Schaeffer should
order him executed. Several said they did not feel comfortable
recommending the death of another human being.
Chandler, looking pale but in good health, watched the day's
proceedings with interest. He carefully studied the face of each
person who might decide his destiny.
Initially Chandler was brought to court in handcuffs, a waist chain
and leg shackles. Orange County deputies
who searched the
courtroom for bombs before jury selection began
had planned to
leave him shackled all day. But defense attorney Fredric Zinober
complained that the sight might prejudice jurors against his client,
so Schaeffer ordered Chandler unchained.
After freeing him, a deputy explained to Chandler that although
he was now unshackled, he would not be allowed to move around.
"I'm not going nowhere,'' Chandler replied.
In the deaths of three women, Oba Chandler is found GUILTY
The prosecutor called him a chameleon. But as the verdict
came in Thursday evening, Oba Chandler looked more like a stone.
Three times, the clerk read the words "guilty of murder in the first
degree''
once for each of the women Chandler had just been
convicted of killing.
But Chandler didn't flinch. He didn't blink. If his face betrayed
any emotion, it was mild curiosity.
As the eight women and four men on the jury were polled,
Chandler fiddled absent-mindedly with his reading glasses, then
tucked them away so a bailiff could fingerprint him.
That chore done, the bailiff handed him a paper towel to wipe the
ink off his meaty fingers. Chandler smiled and murmured, "Thank
you.''
As he was led out of the courtroom and off to jail, he lightly
bounced along on the balls of his feet, moving with surprising grace
for such a bulky man.
Although jurors have now convicted Chandler
reaching their
decision in a mere 80 minutes
their work is not done. They will
reconvene today at 10:30 a.m. to begin work on their
recommendation as to whether Circuit Judge Susan Schaeffer
should sentence him to life in prison or order him to be executed.
Hal Rogers, whose family was wiped out by Chandler, was not in
the courtroom. He could not be reached for comment.
After the verdict Thursday defense attorney Fredric Zinober, who
saw his carefully prepared case fall apart this week as the state
easily exposed the holes in Chandler's own story, walked across the
courtroom to shake hands with prosecutors. He declined comment.
Executive Assistant State Attorney Doug Crow, who has worked
on the case since the victims' bodies were brought ashore five years
ago, looked pale and drained. He refused any credit for the
conviction.
"I think sometimes people focus too much on the lawyers,'' Crow
said. "You win a case or lose a case on the facts and the investigative
work that goes into it.''
This was a case, though, where the facts were few and the
investigation a massive effort that, in the end, turned on a single
piece of paper.
Five years ago Joan Rogers, a 36-year-old factory employee and
farmer's wife from Willshire, Ohio, brought her two daughters
Christe, 14, and Michelle, 17, to Florida on vacation.
As they pulled into Tampa on June 1, 1989, they stopped to ask for
directions to their motel. The man they asked was Chandler, an
aluminum contractor, grandfather and sometime drug dealer who
had served time in prison for counterfeiting and several other
crimes.
In closing arguments, Crow called the 47-year-old Chandler "a
chameleon-like creature'' with women "who one minute can portray
himself as an ingratiating stranger and then, when he has them
under his control, becomes a brutal rapist or a conscienceless
murderer.''
Chandler wrote directions for the women on a Clearwater Beach
tourist brochure, printing a few words to remind them they were
headed to the Days Inn on the Courtney Campbell Parkway. The
brochure was later found in their Oldsmobile. Chandler's
handwriting, and the print of his palm on the brochure, eventually
led police to his door.
Zinober, in his closing argument, contended the brochure was the
only evidence the state had against his client.
"Based on this horrible coincidence, they're trying to convict this
man of first-degree murder,'' Zinober said.
He summed up the state's case this way: "The only person we
could confirm they had contact with was the person who gave them
directions, so therefore he's the killer.''
The women checked into the motel between noon and 12:30 p.m.
They were last seen alive in the motel's restaurant about 7:30 p.m.
Chief Assistant State Attorney Bruce Bartlett said they probably
were dead by 3 a.m.
On the morning of June 4, boaters found their bodies floating in
Tampa Bay near St. Petersburg. The women were nude from the
waist down. They had been bound and gagged, and their bodies
weighted.
Prosecutors contend Chandler lured the women aboard his boat
with the promise of the ultimate Florida souvenir: snapshots of one
of Tampa Bay's glorious sunsets.
They said he showed the same modus operandi 18 days before the
murders, persuading a 25-year-old Canadian tourist to board his
boat for a sunset cruise so he could rape her in the ensuing darkness.
"The rape gives you an insight, a narrow window into the
malevolent inner workings of Oba Chandler's brain,'' Crow said.
In that case Chandler struck up a conversation with the woman
and her friend, maneuvered the talk to the subject of boats and
sunsets, and invited both tourists to go out for a ride, Crow said.
Only one woman went with him on May 15, though, and that
probably saved her life, he said.
Chandler stripped the woman from the waist down, Crow noted,
and when she resisted he threatened to put duct tape over her
mouth. She testified he asked her, "Is sex worth losing your life
over?''
"The Rogers women know the answer to that,'' Crow said. "They
lost their lives.''
Some people
among them Zinober
have questioned how
Chandler could have handled all three of the murder victims by
himself. Crow said it was easy.
On the witness stand, Chandler admitted carrying a knife aboard
his boat, and a year later threatened his son-in-law with a gun, Crow
told jurors.
"So he puts a knife to Christe's throat, or a gun to Michelle's head,
and he orders their mother to lie down on the deck and says, "You
don't move and you don't say anything or your daughter's dead,' ''
Crow said. "A mother will suffer anything, endure any pain, to save
the most precious thing to them on the planet, the life of their
daughter.''
Chandler tied the women's hands with white cotton rope, running
out after he'd tied Michelle's ankles, Crow said. He used yellow rope
to bind Christe and Joan's ankles, the prosecutor said, and then
began to tape their mouths, putting one piece on each and then
going back to reinforce it.
And the slipknots around their necks, also tied with yellow rope,
were the kind he could tie with one hand while holding the weapon
in the other, Crow said. At the other end of the rope were concrete
blocks similar to the ones that a number of witnesses saw around
Chandler's home in Tampa, he said.
Chandler clearly was well-prepared to commit such a monstrous
crime, Crow contended. "Some of the rope ends were burned so they
would not fray,'' he pointed out.
Prosecutors proved Chandler was out on his boat at the time of the
murders, based on a series of five phone calls he made to his wife
three between 1 and 2 a.m., then another shortly after 8 a.m., and
the last just before 10 a.m.
On the witness stand, Chandler admitted he had been out in
Tampa Bay on his 21-foot Bayliner all night. He said that he'd had a
fuel leak that drained all the gas from his tank and that he couldn't
get anyone
including a passing Coast Guard vessel
to tow him
in until late the next morning.
"Almost everything that came out of his mouth on the witness
stand was a lie,'' Crow said.
There was no Coast Guard vessel in Tampa Bay that day. A
Florida Marine Patrol mechanic testified that Chandler's story
about the fuel leak could not have happened.
Add to that the fact that he was seen on land by two witnesses
about 7:30 a.m. Bartlett, in his part of the state's closing argument,
contended Chandler threw the women overboard in the darkness
and then took his boat back out in the daylight to see if the bodies
had come back up.
Although Chandler acknowledged giving the wom-en directions,
Crow contended even that part of his story was a lie. Chandler said
he never met Joan Rogers and was handed the brochure by Michelle
Rogers.
But Joan Rogers' handwriting was also on the brochure. And
Michelle Rogers was the only one of the three victims whose
fingerprints were not found on it anywhere, Crow noted.
Crow pointed out that another set of directions was found in the
women's car, directions Joan Rogers wrote on Days Inn stationery
describing the route to the Courtney Campbell boat ramp where the
car was parked. Someone must have called her at the motel to give
her those directions, he said.
"How many people do we know in Hillsborough County, Tampa,
Pinellas County, the Tampa Bay area who knew the Rogers women
were at the Days Inn and could've called them?'' Crow asked. "After
10 days of trial, you only know one person, and he's sitting right over
there.''
Crow pointed at Chandler. But Chandler didn't flinch.
A saga of rape, robbery and murder
May 15, 1989:
A Canadian tourist is raped aboard the boat of a
man who invited her out for a sunset cruise in the Gulf of Mexico. A
day later, she reports the attack to the Madeira Beach police.
May 26, 1989:
Joan Rogers, 36, and her daughters Christe, 14,
and Michelle, 17, leave their home in rural Ohio for their first
Florida vacation. Joan's husband, Hal, stays behind to tend to their
300-acre dairy farm.
June 1, 1989: About noon, the Rogers women check into the Days
Inn on the Courtney Campbell Parkway in Tampa. They are seen
around the motel during the day but disappear after dinner.
June 2, 1989: Between 1 a.m. and 10 a.m., someone makes a series
of five phone calls from Oba Chandler's boat to his home in Tampa.
On the last call, the caller identifies himself as "Oba.''
June 4, 1989: Three female bodies are found floating in Tampa Bay
near St. Petersburg.
June 6, 1989: Hal Rogers files a missing-persons report in Ohio.
June 8, 1989: Days Inn employees notify Tampa police that three
women from Ohio checked in and disappeared. Police find the
Rogerses' car at a nearby boat ramp. Using dental records, they
identify the bodies as the three missing tourists.
Aug. 28, 1989 Oba Chandler sells his boat.
November 1989: St. Petersburg police, questioning a possible link
between the Madeira Beach rape and the murder of the Rogers
women, publicize a sketch of the rapist and suggest he is linked to
the murders.
November 1989: Oba Chandler abruptly leaves home and travels
to Ohio to visit Kristal and Rick Mays, his daughter and son-in-law.
They say while he's there he tells them police are searching for him
for raping and killing women.
July 1990: Chandler and his wife, Debra, move away from Tampa.
They later settle in Port Orange, near Daytona Beach, with their
daughter Whitney.
1989-1992:
Police pursue thousands of leads but fail to make
any arrests. Finally, they begin to focus on the handwritten
directions found on a brochure in the women's car. They even
publicize the handwriting on billboards.
May 14, 1992: A Tampa woman named Joanne Steffy calls the St.
Petersburg police to report that one of her former neighbors, Oba
Chandler, might be the killer, based on his handwriting on a
contract. A friend named Dale Christie faxes a copy of the contract
to police.
July 1992: Because police have failed to act on Steffy's tip, Christie
calls them again, and again faxes a copy of the contract to police.
Sept. 11, 1992: Chandler robs two jewelry company employees of
$750,000 at a Residence Inn on Ulmerton Road.
Sept. 11, 1992: St. Petersburg police submit samples of Chandler's
handwriting to experts at the Florida Department of Law
Enforcement.
Sept. 15, 1992: FDLE reports Chandler's handwriting matches the
writing on the brochure.
Sept. 24, 1992: Detectives arrest Chandler near his home in Port
Orange and charge him with the Madeira Beach rape. They publicly
identify him as their prime suspect in the 1989 triple slaying.
Oct. 5, 1992: Chandler is charged with robbery in connection with
the Residence Inn holdup after a search of his home turns up
jewelry taken in the robbery.
Oct. 12 and 16, 1992: In two telephone calls from the Pinellas
County Jail, Chandler tells Kristal and Rick Mays he has "never
physically hurt no human being'' and denies confessing to any
murders. The Mayses secretly tape the calls for detectives.
Oct. 14, 1992: The Canadian woman views a lineup of suspects at
the Pinellas County Jail and identifies Chandler as her attacker.
Nov. 10, 1992: A grand jury indicts Chandler on three counts of
murder.
July 23, 1993: Chandler pleads no contest to the armed robbery
charge and is sentenced to 15 years in prison, with three years'
minimum mandatory.
Sept. 21, 1993: Police divers search the dock and canal behind
Chandler's former Tampa home for evidence that might connect
him with the murders.
Sept. 12, 1994: Jury selection begins in Orlando for Chandler's
murder trial.
Sept. 27, 1994: Oba Chandler takes the stand in his own defense.
Sept. 29, 1994: Case goes to jury. After deliberating for fewer than
90 minutes, jurors return guilty verdicts.
Sept. 30, 1994: Penalty phase of trial scheduled to begin.
Following Oba Chandler
1. Born in Cincinnati, Oct. 11, 1946.
2. Arrested in Volusia County on Feb. 10, 1976, and charged with
robbery and possession of marijuana.
3. Escapes Doctor's Inlet Road Prison near Palatka on May 10,
1977, while serving 10-year robbery sentence.
4. Arrested in Maitland on Sept. 27, 1982, and charged with
counterfeiting.
5. Held in federal custody from 1982-84 at Bastrop, Texas, on the
counterfeiting conviction.
6. Returned to Florida on June 5, 1984, to serve time in Florida for
robbery and escape.
7. Bought a home in 1988 on Dalton Avenue in Tampa.
8. Married Debra Ann Whiteman of Tarpon Springs on May 14,
1988.

Chandler jury works quick: DEATH
On Thursday, when jurors cast their only vote on whether Oba
Chandler murdered three Ohio tourists, Roseann Welton was the
last of the 12 to write down, "Guilty.''
On Friday, when jurors voted on what sentence Chandler should
receive, Mrs. Welton was the first to write down, "Death.''
The other 11 quickly agreed. So 30 minutes after they left the
courtroom to deliberate, they walked back in to deliver a unanimous
recommendation to the judge.
There sat Chandler, watching them with his head cocked to one
side, showing no sign of remorse.
"He had that smirk on his face,'' said Mrs. Welton, 51. "I just
wanted to walk over there and slap it off his face.''
Circuit Judge Susan Schaeffer, who has served on the bench since
1982, said she could recall only two other Pinellas County murder
cases in which a jury voted 12-0 in favor of execution.
By law, Schaeffer must give the jury's recommendation great
weight. Next Thursday she will listen to legal arguments from both
sides.
She is scheduled to impose sentence on Nov. 4.
Chandler will have an opportunity to talk to the judge at next
week's hearing. He may do better to say nothing.
Jurors said Chandler's own testimony about his whereabouts on
the night of the murders helped convince them that he killed Joan
Rogers and her teenage daughters, Michelle and Christe, on June 1,
1989.
"His testimony damaged him very much,'' said Evelyn Calloway, a
school bus driver.
They simply didn't believe his tale about being stranded on his
boat alone all night because he ran out of gas, especially after two
prosecution witnesses tore big holes in his story, agreed motel
manager Don Fontaine.
"He should've stayed off the stand,'' housewife Patricia Pittman
said.
Before hearing Chandler testify, Mrs. Welton said, "I felt that he
was guilty but I still had some doubts.'' If he had not testified, she
said, "We probably would've deliberated a lot longer.''
Instead, they reached a guilty verdict in less than 90 minutes.
Chandler continued to hamper his lawyer's efforts Friday,
forbidding defense attorney Fredric Zinober to present testimony
from his family in trying to persuade jurors to vote for life in prison.
The judge asked Chandler if his lawyer had explained to him that
might be a mistake.
"Yes, he has,'' Chandler replied with a smile, "and I've made a
decision, your honor, to call no one.''
Zinober said he had planned to call Chandler's mother, his wife,
Debra, his grown son, Jeffrey, and his 5-year-old daughter,
Whitney.
"He did not want to get his family involved,'' Zinober said
afterward.
Even if those witnesses had told the jury about how Chandler was
the son of a suicide victim, how he doted on his young daughter and
so forth, Zinober said it probably would not have made much
difference.
Still, Zinober pleaded with jurors to find some reason to spare the
life of his client. He showed them records of high school and college
courses Chandler took 11 years ago while in federal prison.
Chandler earned a B in Introduction to Ethics and another in Social
Problems, but a C in Social Psychology.
Zinober also brought in photos of Whitney and phone records that
show Chandler called his mother from jail 85 times in one month
signs of his familial devotion.
"As long as there's love that's still alive, life should go on,'' Zinober
said.
He pointed out that if the 47-year-old Chandler were sentenced to
life without parole for 25 years he would probably die in prison
anyway.
But according to Assistant State Attorney James Hellickson, a
natural death, even behind bars, is not what Chandler deserves.
For the jury, Hellickson painted a vivid picture of how Chandler
stripped his victims from the waist down, bound their hands and
feet, put duct tape over their mouths and then tossed them
overboard into Tampa Bay, to either drown or strangle because of
weights tied to their necks.
"He couldn't throw them over the side all at the same time,''
Hellickson said. "He had to throw them over the side one at a time.
That means he threw one over the side
which one, we don't know,
but somebody was first. Was it the mother, the daughter, the
sister?''
As Chandler carried out the first murder, Hellickson said, "the
other two watched
their eyes weren't taped. And they heard
their ears weren't taped. And they smelled
their nose wasn't
taped. And at that point, they knew they'd be next.''
One by one he ruthlessly disposed of his victims, Hellickson said.
"Nothing could be more horrendous, more atrocious, more cruel
and unmitigated than that,'' he said.
To bolster the state's case for the death penalty, prosecutors called
as witnesses the victims of two armed robberies Chandler
committed. Both clearly still bear emotional scars from their
encounters.
First came Peggy Harrington, a jewelry manufacturer's sales
representative from Los Angeles. Two years ago, as she and a
colleague were returning to a Clearwater motel from a show in
Tampa, Chandler held them up with a .380-caliber semi-automatic
pistol. He stole $750,000 in jewelry.
Throughout the robbery Chandler kept yelling obscenities at
them, she said, and ordering them not to look at him.
"Unfortunately I looked right at him, because I knew if he didn't
kill us we'd have to identify him,'' she said.
As she testified, Harrington kept her eyes lowered, as if still fearful
to look Chandler in the face. But then Assistant State Attorney
Robert Lewis asked her to point out the man who robbed her, and
she sneaked a peek at the defendant.
"He's got on a pink shirt and a blue jacket,'' she said, and started
crying.
Then came Robert Plemmons, a Daytona Beach fisherman.
Plemmons was robbed by Chandler in 1976, but the years have not
dimmed his anger.
Chandler and another man came to Plemmons' house with a
phony story about their car running out of gas, Plemmons said.
When he started to unlatch the door they kicked it in, knocked him
out and tied his hands and feet, he told the jury.
"They kept asking me where the guns and money were,'' he
recalled.
Then, as Chandler's accomplice held a gun to Plemmons' head,
Chandler took Plemmons' girlfriend into the bedroom, he said.
After 15 minutes the men fled, taking more than $1,200 and a couple
of guns, he said.
Plemmons said he and his girlfriend managed to wriggle to each
other and untie themselves. Her hands, he said, were bound. "And
she was stripped from the waist down,'' he said.
Jurors frowned when they heard that. And as Plemmons stepped
down from the witness stand, he glared at Chandler all the way out
of the courtroom.
Chandler returned the stare.

Jurors say: "We felt like . . . family"
For two weeks they gave up their lives for a higher calling.
Fourteen strangers from Orange County volunteered to leave their
friends and loved ones and sit together in a chilly courtroom day
after day, listening to the story of a gruesome triple murder.
The experience bound them as close as blood relations.
"We felt like we were our own family,'' said juror Dorothy
Crawford, a school bus driver.
On Friday afternoon, with their job done, they posed for a group
picture and presented Circuit Judge Susan Schaeffer a small
wooden gavel with their names on it and, "Thank you from the
Orlando jury,'' written on the shaft.
Because Oba Chandler's murder case had received so much
publicity in the Tampa Bay area, lawyers for both sides agreed to
import a jury from another part of the state. The case marked the
first time a court in Florida has made use of a new state law allowing
the importation of a jury.
"It could've been a big disaster,'' Schaeffer said. Instead it was a
big success, she said, thanks in large part to the jurors.
When Schaeffer and lawyers traveled to Orlando last month to
pick a jury, the judge asked potential jurors who would be willing to
be sequestered for up to a month. Of 324 registered voters in the
jury pool, 33 said yes.
"I was tentative about getting on the jury at first,'' said Don
Fontaine, a motel manager. "But this is a duty, a civic duty.''
After two days of questioning from the lawyers, the group was
boiled down to 12 jurors and two alternates. The nine women and
five men included three housewives, a Pepsi salesman, a carpet-mill
worker, a missile mechanic, an apartment maintenance man and a
Postal Service employee.
Two weeks ago Pinellas County bailiffs drove the jurors over from
Orlando and checked them into the Comfort Inn in Clearwater.
They were not allowed to play radios or watch certain television
stations. Even calls and visits from their families had to be
supervised.
"We ate a lot,'' said Evelyn Calloway, also a school bus driver.
"And we played that game, what's it called?''
"Trivial Pursuit,'' Ms. Crawford said.
They watched movies like Sleepless in Seattle, read books, worked
crossword puzzles
anything to keep from talking about what they
had heard in court.
"We sat around and talked about each other's lives,'' juror Patricia
Pittman said.
"Everybody got along great and we just enjoyed each other's
company,'' said Roseann Welton.
One day when the lawyers were tied up in legal arguments,
Schaeffer allowed the jurors to go out on an excursion. Twelve of
them visited Fort De Soto Park and two went golfing
still under
the bailiffs' watchful eyes.
"It was good to get out and unwind and breathe some fresh air,''
Mrs. Calloway said. "We slept like babies that night.''
In the end, the case didn't take as long as anyone expected. The
jury's work didn't take long either.
As the jurors stood around talking to reporters Friday, Ms.
Crawford said, "I don't think anybody will ever forget this.''
There has already been talk of a reunion, jurors said. But if they
gather again, it will be in Orlando.

Abortion it may be; murder, no
She shot herself in the stomach. She was pregnant at the time.
Because of her wound, the baby she carried was born prematurely,
then died.
It may have been a crude abortion. But was it murder?
No, a judge said Monday.
Pinellas-Pasco Circuit Judge Brandt Downey ruled that Kawana
Ashley cannot be charged with third-degree murder in the death of
her infant, Brittany Ashley.
Although Downey tossed out the murder charge against the St.
Petersburg woman, he let stand the other charge against her,
manslaughter.
"A jury could potentially convict Miss Ashley of manslaughter,''
Downey said.
He also suggested Ashley could be charged with illegally aborting a
late-term pregnancy. Prosecutors have not filed such a charge.
In a court case that has drawn national attention as part of the
debate over abortion rights, Downey's split decision left both sides
of the debate frustrated. Abortion rights groups wanted the judge to
dismiss all charges, while those opposed to abortion rights wanted
his total endorsement.
Both the prosecution and defense said they may appeal.
During the hearing the 20-year-old Ashley sat quietly in the back
row of a packed courtroom to listen to the lawyers debate her
future. As soon as it ended, she ducked out the door, brushing by
reporters without a word.
As she walked quickly down the hallway, frantically pursued by
TV camera people, she reached up with the heel of one hand to wipe
her eye.
Then her supporters and detractors took turns holding mini-news
conferences outside the courtroom, occasionally shouting at each
other. While a Catholic priest told reporters that abortion-rights
groups are tearing apart the family, members of the National
Organization of Women stood nearby chanting, "Indict the Catholic
priests!''
In his ruling, Downey said he did not expect to make people
happy. He noted the deep division in national opinion over the issue
of abortion, a division that has deepened as some abortion
opponents have shot doctors and clinic employees to stop their
work.
According to the judge, the question of what Ashley can be
charged with turns on what she intended to do when she picked up a
gun and shot herself.
In the only cases similar to this one, where mothers were
prosecuted for harming their babies by taking drugs while they were
pregnant, there was no intent to hurt the child, Downey said.
"But there sure as hell is here,'' he said.
The judge ruled that a third-degree murder charge is justified only
for unintentional killing. If Ashley shot herself to abort her fetus,
Downey said, then the killing was clearly intentional.
To prove a manslaughter charge, the judge noted, prosecutors
need not show her intent. They need only show that Ashley's
actions demonstrated a reckless disregard for human life.
Ashley, who lives in St. Petersburg with her grandmother and
3-year-old son, was 19 at the time of the shooting, and 25- to
26-weeks pregnant.
Florida law says that to legally terminate a third-trimester
pregnancy such as Ashley's, two physicians must certify that it is
medically necessary.
Ashley sought an abortion but could not afford one.
On March 27, police say, Ashley put a pillow over her abdomen,
pointed a .22-caliber pistol into the pillow and pulled the trigger. At
Bayfront Medical Center in St. Petersburg, doctors delivered her
daughter by Caesarean section.
The infant had been struck on the wrist by a bullet but lived 15
days until her organs failed. The Pinellas-Pasco Medical
Examiner's Office ruled the death a homicide.
At first, police say, Ashley claimed to be the victim of a drive-by
shooting, then changed her story twice, admitting she wanted to
hurt the baby, then denying that.
Assistant State Attorney Doug Ellis argued that Ashley could be
charged with third-degree murder because she was engaged in a
particular felony
illegal abortion
that eventually led to the
death of the child.
If Ashley had succeeded in killing the fetus in her womb, Ellis said,
then Ashley could be charged with abortion, not murder. But
because the child was born alive, Ellis said, she legally became a
human being, and thus a murder victim.
Priscilla Smith of the Center for Reproductive Law&Policy in
New York argued for the defense that the laws on homicide do not
cover abortion.
If either side appeals Downey's ruling before trial, it can delay the
case. Downey scheduled a Feb. 2 hearing for both sides to tell him if
they plan to appeal.

Simpson trial influencing juries nationwide
Deep into a Pinellas County murder trial earlier this month,
Juror No. 9 raised her hand. Could she be excused for a few hours to
tend to a business appointment?
Definitely not, said Pinellas-Pasco Circuit Judge Susan Schaeffer,
who proceeded to lecture jurors on their duty to think of the trial as
their job.
After the jury left the courtroom, Schaeffer blew up.
"I tell you the truth, this O.J. Simpson thing is doing a lot of things
to a lot of jurors,'' she said, clearly angry.
"I have never had jurors ever think that when they were in a trial
they were going to say, "Excuse me, I've got to go somewhere. I've
got to do payroll.' I believe that all comes from the way the jurors
are being treated in that trial out there in California.''
Quipped prosecutor Fred Schaub: "We'll know tomorrow if they
come in dressed in black.''
They didn't, but it may be just another example of how "that trial''
the case of the famous ex-football player charged with murdering
his wife and her friend
is proving to be one California earthquake
that continues to set off aftershocks in courtrooms across the
country.
A Boston jury recently staged a sick-out when a trial ran two days
longer than expected. A panel on a murder case in Washington
asked, in the middle of deliberations, to visit the crime scene. In
Polk County, a potential juror was excused after he said the
Simpson trial convinced him that a defense lawyer would say or do
anything to get a client off.
Local lawyers feel the effects too. The problem, they say, is that
the Simpson trial is about as similar to their average case as
Disneyland is to real life.
Take, for example, evidence.
Faithful followers of the Simpson trial have taken a crash course
on crime scenes and forensic science. They have absorbed
information about blood, DNA, autopsies, hairs and fibers.
"My feeling is, sometimes a little knowledge can be a dangerous
thing,'' said Tampa sex offenses prosecutor Karen Stanley. "I think
their exposure to the O.J. trial has made (local jurors) expect the
kind of evidence they're seeing in O.J.
"And there's probably more evidence in that trial than in 90
percent of the murders that are tried,'' she said.
The fact that a case lacks hard physical evidence to tie the accused
to the crime "is being raised more and more,'' said Tampa
prosecutor Denise Pomponio. "It's being brought up as a
smokescreen to cause juries to hang or acquit.''
Pomponio points to a recent Tampa arson case. Defendant James
Maglio, who disagreed with his insurance company about how much
money he was owed after a car accident, admitted he held a Molotov
cocktail in his hands before it was tossed into the State Farm office.
Still, in closing arguments, Maglio's attorney asked why the state
hadn't gotten Maglio's fingerprints off the remnants of the bottle.
"Defense lawyers can just raise it as an issue whether it's an issue
or not,'' Pomponio said. "And then it becomes a reasonable doubt.''
Ultimately, the jury found Maglio guilty.
But Clearwater lawyer Denis de Vlaming noted that in some ways,
the Simpson trial has helped make jurors more realistic. They once
came to court with "majestic thoughts'' about the nobility of the law
and its practitioners, he said.
"They thought it was about knights in shining armor jousting in
the arena, and the guy in the Darth Vader mask always lost,'' de
Vlaming said.
Now, jurors arrive knowing the system is far from perfect, and that
it's more about proving a case than obtaining moral justice, he said.
De Vlaming says they have learned that, at least in part, from TV's
fascination with every detail of the Simpson trial.
"We're a 13th juror there watching everything,'' he said.
The Simpson case has touched defendants as well. St. Petersburg
lawyer Michael Schwartzberg said that with Simpson's defense
attorneys focusing on allegations of police misconduct,
Schwartzberg now gets questions from clients when he doesn't tear
into every officer who takes the stand.
"If I'm questioning a police officer I've dealt with in the past and I
know is a straight shooter, some clients have been upset that I've
not been aggressive toward the police officer,'' Schwartzberg said.
Lawyers say the endless sideshow of the Simpson case
with
lawyers on both sides accusing, berating and taunting each other
before the cameras
hasn't done much for their image.
"The juror's perception of lawyers was poor to begin with,'' said
Tampa defense lawyer Chip Purcell. "And it's getting worse.''
Purcell says he senses a new cynicism on jury panels. "There's just
a tension in the air,'' he said. "Juries are sitting around and waiting
to see what you're going to pull.''
Even scheduling has become an issue. The Simpson case, in which
jurors sometimes start in late morning and recess in early afternoon,
has skewed jurors' sense of a trial's pace.
"If I keep a witness on the stand for less than eight days, they
wonder if I'm doing something wrong,'' Schwartzberg said.
"Especially if you do a one-day trial,'' said prosecutor Stanley.
"The jury's probably thinking, "What was that?'''
When talk turns to the Simpson trial in the hallways of the
Hillsborough County courthouse, lawyers often muse on how much
shorter it would be if held in Tampa, before a judge who starts at 8
a.m. or another who rarely allows lengthy sidebar conferences.
Pinellas-Pasco State Attorney Bernie McCabe contended the
Simpson case is no more complicated than some local cases, such as
last year's triple-murder trial of Oba Chandler, which Judge
Schaeffer finished in three weeks. The Tampa trial of Richard
Miller, accused of killing his wife and her boss, included
complicated expert testimony on everything from blood spatters to
handwriting, but took less than three weeks.
Potential jurors are also well aware that the Simpson jurors have
been sequestered, away from their families and normal life routines.
Local court officials report they frequently get phone calls from
people worried about how long they will be kept in court. Although
most trials last no more than a day or two, and sequestration is rare,
they fear being sucked into a circus that plays for months on end.
Tampa jury consultant Harvey Moore says that volunteers for
mock trials are much more reluctant about real jury duty.
"Jurors are afraid of the trial system right now,'' he said. "I think
it's clear they are the folks who are the most abused during a trial.''
In the past, as trials began, lawyers have routinely assured panels
of potential jurors that what they are about to experience won't be
anything like what they have seen on TV's L.A. Law, Matlock, or
the old standard, Perry Mason.
Lately, however, lawyers have been adding a factual name to that
mix of fictional drama: Simpson. Lawyers want to know if jurors
will expect the legal pyrotechnics or the parade of scientific
evidence they see on TV.
In Hillsborough court, some judges have curbed that kind of
questioning, saying the California trial isn't relevant to the cases at
hand. One Pasco judge took it a step further with an only-slightly
tongue-in-cheek declaration that in his court, lawyers should
refrain from mentioning that case.
"I think the jury panels have o.d.'d on O.J.,'' Circuit Judge Craig
Villanti wrote in a recent issue of the St. Petersburg Bar
Association's magazine.
Simpson analogies can cause delay and confusion, Villanti said,
and anyway, there are enough Simpson commentators.
"All kidding aside, questions on specific unrelated cases are
improper and do not . . . bear on the merits of your Pasco cases,'' the
judge wrote. "Therefore, effective immediately, please exercise
proper taste by avoiding O.J. in your Division 4 trial diet!''
The judge did offer a consolation: references to Perry Mason, who
is not a real person, are still allowed.
Return to the Crime and Media Syllabus
If you have any comments on this page,
send a message. Please provide feedback on the lecture.
