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Steven Howard
OKEN |
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Classification: Spree killer |
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Characteristics:
Rape
- Sadism |
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Number of victims: 3 |
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Date of murders:
November 1-16, 1987 |
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Date
of arrest:
November 17,
1987 |
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Date of birth: January 22,
1962 |
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Victims profile: Dawn Marie Garvin,
20;
Patricia Antoinette Hirt, 43 (his sister-in-law),
and Lori Elizabeth Ward, 25 (motel clerk) |
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Method of murder:
Shooting |
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Location: Maryland/Maine, USA |
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Status:
Executed
by lethal injection in Maryland on June 17, 2004 |
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photo gallery |
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Summary:
On November 1, 1987, 20 year old Dawn Marie Garvin was found by her
father on the bed in her apartment, nude, with a bottle protruding
from her vagina, and blood streaming from her forehead. Her husband
of less than a year, Keith, had just returned to his base in
Virginia.
Despite efforts of her father and paramedics to administer CPR, she
was dead. An autopsy later revealed that she had died as the result
of two contact gunshot wounds; one of the bullets entered at her
left eyebrow and the other at her right ear.
There was no signs of
forced entry. Dawn's clothes were found on the living room floor.
Her bra was still hooked and ripped on the side. Her pants were
inside out. Two spent .25 caliber shell casings were found on the
bed.
The murder weapon, a handgun, was found in Oken's home shortly after
the murder and a rubber portion of Oken's tennis shoe was found in
Dawn Garvin's living room on the night of the murder.
In addition, several witnesses at trial identified Oken as the
person in the neighborhood who had attempted to gain entry to
residences in the vicinity of the Garvin home a few days prior to
the murder.
Less than two weeks after Oken murdered Dawn
Garvin, he sexually assaulted and murdered his sister-in-law,
Patricia Hirt, at his Maryland home.
He then fled Maryland for Maine, where he murdered Lori Ward, the
desk clerk at his Maine hotel. He was arrested in Maine on November
17, 1987 and was ultimately convicted and sentenced to life without
parole in Maine for first-degree murder.
Oken was then returned to Maryland where he faced separate
prosecutions for charges arising out of other two homicides.
Citations:
Oken v. State, 612 A.2d 258 (Md.,1992) (Direct Appeal).
Oken v. State, 681 A.2d 30 (Md.,1996) (PCR).
Oken v. State, 835 A.2d 1105 (Md.,2003) (Motion to Correct
Erroneous Sentence).
Oken v. Corcoran, 220 F.3d 259 (4th Cir. 2000) (Habeas).
Final Meal:
A chicken patty, with potatoes and gravy, green beans, marble cake,
milk and fruit punch. "It was the standard meal that happened to
come up in the meal rotation for today," according to a prison
spokesman.
Final Words:
None.
ClarkProsecutor.org
ProDeathPenalty.com
Steven Oken sexually assaulted and murdered Dawn
Garvin at her home in Baltimore County. At midnight on Sunday,
November 1, 1987, Keith Douglas Garvin arrived at the United States
Navy base in Oceana, Virginia. Mr. Garvin, who had a pass from his
naval superiors, had just spent the weekend with his wife, Dawn
Garvin, at their apartment in the Baltimore County community of
White Marsh and was returning to his station in Oceana.
Upon his arrival at the base, Keith attempted to
call his wife to notify her that he had arrived safely. Although the
telephone rang at their White Marsh apartment, there was no answer.
After making several additional unsuccessful attempts to call his
wife, Keith became worried and telephoned his father-in-law,
Frederick Joseph Romano. Because Frederick lived in close proximity
to the Garvins' apartment, Keith asked him to check on Dawn.
Mr. Romano agreed, and attempted to telephone his
daughter twice. Both times there was no answer. Concerned about the
fact that numerous calls to his daughter had gone unanswered,
Frederick decided to drive to his daughter's apartment. When he
arrived, he found the front door to the apartment ajar, all the
lights in the apartment turned on, and the television blaring.
Sensing that something was wrong, he rushed into the apartment and
found his daughter, Dawn, in the bedroom lying on the bed nude with
a bottle protruding from her vagina.
While attempting to perform CPR,
Dawn's father observed that there was blood streaming from her
forehead. He immediately called for assistance, and paramedics
arrived shortly thereafter. A paramedic then began to administer CPR,
but his efforts were in vain. Dawn Marie Garvin was dead.
At 2:30 a.m., on November 2, police arrived at
the Garvins' apartment to inspect the scene of the murder. A
detective testified that when he entered the Garvins' apartment he
saw no signs of forced entry. Once inside, he observed a brassiere,
a pair of pants, tennis shoes, a shirt, and a sweater on the floor
near the sofa in the living room. The brassiere was not unhooked,
but instead, was ripped on the side. The pants were turned inside
out.
The detective also noticed a small piece of rubber on the floor
near the television set. In the bedroom, he found two spent .25
caliber shell casings on the bed, one of which was lying on top of a
shirt. The shirt was blood-stained and had what Roeder believed to
be a bullet hole in it. An autopsy of Dawn's body revealed that she
had died as the result of two contact gunshot wounds; one of the
bullets entered at her left eyebrow and the other at her right ear.
Less than two weeks after Oken murdered Dawn
Garvin, he sexually assaulted and murdered his sister-in-law,
Patricia Hirt, at his Maryland home. He then fled Maryland for Maine,
where he sexually assaulted and murdered Lori E. Ward, the 25-year-old
desk clerk at his Kittery, Maine hotel on November 16, 1987. He was
arrested in Maine on November 17, 1987, and was ultimately convicted
in Maine for first degree murder, robbery with a firearm, and theft
arising out of Lori's murder. Oken was sentenced to life without
parole on the murder charge, twenty years on the robbery charge, and
five years on the theft charge, all sentences to run concurrently.
Oken was returned to Maryland where he faced separate prosecutions
for charges arising out of other two homicides. He was indicted in
the Circuit Court for Baltimore County in the Garvin case for first
degree murder, sexual offenses, burglary, daytime housebreaking,
robbery with a dangerous or deadly weapon, theft, and a handgun
violation.
The State's evidence was very strong. The murder
weapon, a handgun, was found in Oken's home shortly after the murder
and a rubber portion of Oken's tennis shoe was found in Dawn
Garvin's living room on the night of the murder. In addition,
several witnesses at trial identified Oken as the person in the
neighborhood who had attempted to gain entry to residences in the
vicinity of the Garvin home a few days prior to the murder.
The Kittery Maine Police Chief Edward Strong said
the Ward murder was very difficult for him because at the time, his
daughter was the same age. "The poor girl was working her way
through school and putting herself through college," Strong said. "Oken
just checked into the motel and a couple hours later murdered her."
Strong testified in the two murder trials in Maryland because he
found bloody materials and other evidence in the Coachman Motor Inn
that linked the three murders. "This individual brutally murdered
the three women," Strong said. "I have no doubt that he would have
murdered again if we hadn't caught him." Strong said Oken's
punishment is suitable for the crimes he committed. "I've never in
my law enforcement career seen a person who deserves the death
penalty more than this individual," Strong said. "I'm just glad they
have the death penalty in Maryland."
That Oken would be the first in line to die under
the new governor's administration is no surprise. Baltimore County
prosecutors expected him to be executed last spring -- until a
moratorium was declared by then-governor Glendening. Given Governor
Ehrlich's campaign promise to lift the ban, the state's attorney's
office in the county began preparing a death warrant around the time
of Ehrlich's Jan. 15 inauguration. "Oken is on a fast track," said
Assistant State's Attorney Ann Brobst, who noted that Oken's
conviction and sentence have "never been reversed for any reason."
National Coalition to Abolish the Death
Penalty
Steven Oken, MD - June 14-19, 12 AM EST
The state of Maryland is scheduled to execute
Steven H. Oken, a white man, for the 1987 rape and murder of Dawn
Gavin, a white woman. Within 16 days of this crime Mr. Oken murdered
Lori Ward and his sister-in-law Patricia Hirt in Maine. He was
convicted and sentenced to life without parole in Maine and then was
sent to Maryland’s Baltimore County in 1991 where he was convicted
and sentenced to death. Maryland refused to return Mr. Oken to Maine
to serve his life sentence.
The former governor of Maryland, Parris
Glendening, declared a moratorium on the death penalty in 2002,
pending a study he commissioned from the University of Maryland
examining geographic and racial disparities in capital sentencing.
The final report released in January 2003 concluded that even
accounting for other factors, people who kill white victims are
“significantly” more likely to face the death penalty than those who
kill non-whites. Also, murder cases in Baltimore County are much
more likely to be deemed capital murder than other counties. Every
person on Maryland’s death row was convicted for the murder of a
white victim.
Oken was convicted in Baltimore County for the
murder of a white woman, and his execution would be the first since
Mr. Glendening’s moratorium. Current Governor Robert Ehrlich lifted
the moratorium in 2003, deciding to use the study on a case-by-case
basis despite warnings by the study’s lead researcher who stated
that this method cannot address the systemic disparities uncovered
by the study.
Please urge Governor Ehrlich to commute Oken’s
sentence and to re-instate the death penalty moratorium immediately.
State Executes Convicted Murderer Steven Oken
Victim's Mom: 'Oken Has Been Brought To Justice'
WBAL Channel 11
June 18, 2004
BALTIMORE -- Almost 20 years after raping and
murdering his first of three victims, Steven Oken is dead. The state
of Maryland executed the man sentenced to death in 1991 for
murdering three people Thursday night. A Maryland prison spokeswoman
confirmed Oken's execution around 9:35 p.m.
"Steven Howard Oken was executed tonight at 9:18
p.m.," said Rosa Cruz, a state prison spokeswoman. "There was never
any resistance from Mr. Oken. There were two or three moderate
breaths that I saw come from his chest, and there was never any
indication that anything was dripping from the IV, which was one of
the points of contention in this," John Patti, a media witness from
WBAL-AM 1090, said. "It was quite obvious that things were very
peaceful for Mr. Oken through the entire process, which lasted about
seven or eight minutes," Patti added.
Oken was sentenced to death for
the 1987 murder and rape of Dawn Marie Garvin, a
20-year-old newlywed. He also was convicted of killing Patricia Hirt,
his wife's sister, and Lori Ward, a motel clerk in Maine, during a
15-day spree. During a press conference just after 10 p.m., Dawn
Marie Garvin's mother, Betty, said Oken "has been brought to justice."
"It has been a long 17-year rollercoaster ride. My family has been
put through hell in the past 17 years," Betty Romano said. "This
past two weeks has been the worst two weeks since we lost Dawn."
She
thanked God, family members, the state attorney general and the U.S.
Supreme Court. She also thanked the governor for his unwavering
support. "From the bottom of my heart, I want to thank that man [Ehrlich]
very much because he stuck to his word. He kept his word. He didn't
wimp out at the last minute. He's a very strong man and I don't have
any problems supporting him in the future, ever," Mrs. Romano (pictured,
right) said.
At one point during the execution, Oken's toe
twitched a "mile a minute," Mrs. Romano said. She said she saw
little else, commenting that her view of the inmate was his toes and
his stomach. "He was aware until he got that first shot," she said.
"I could tell by the reaction of his body." Garvin's brother, Fred
A. Romano, said justice has been served. He said the families of the
victims are elated, and it's time to move on. Asked whether Oken's
death would bring any healing to his family, Fred Romano said: "It
started at 9:18. The burden's been lifted. Oken is dead." "The only
problem is that Steven Oken died in peace. My daughter didn't have
the luxury to die in peace the way he died tonight," Mrs. Romano
said. "My family's been through hell, and it finally came back
tonight."
Defense Efforts To Delay Execution Run Short
The execution comes after a weeklong legal fight
involving the defense and last-minute appeals for delays. Before the
execution, Oken's attorney spoke to the death row inmate. "The last
thing that we said was I gave him a hug threw the cell, 'You are not
alone. You will not stand alone, I will be with you until the last
breath of your life,' " Oken's attorney, Fred Warren Bennett, said.
After the U.S. Supreme Court vacated Oken's stay
of execution Wednesday night, his lawyers pursued the last remaining
options to delay their client's death. But, earlier Thursday evening,
a federal appeals court denied Oken's last pending motion. And, in
denying clemency, Gov. Bob Ehrlich issued a statement saying that
his sympathies "lie with the families of all those involved in these
heinous crimes." "The death sentence imposed on Mr. Oken has been
reviewed and affirmed by several courts, including the Supreme Court
of the United States," Ehrlich noted.
The Fourth U.S. Circuit Court of Appeals in
Richmond, Va., voted unanimously early Thursday evening to reject
Oken's claim that because executioners might have to cut deeply into
his flesh to administer the lethal drugs, his death could be
unconstitutionally cruel.
Outside the SuperMax prison, a handful of
supporters and opponents of capital punishment continued to
demonstrate, as they have all week. Those rallying in favor of
capital punishment included some of Garvin's relatives. According to
the Maryland Department of Public Safety and Corrections, the last
person executed in the state was Tyrone Gilliam, 32, by lethal
injection on Nov. 16, 1998, for murder in Baltimore County.
Md. puts Oken to death
Ending years of appeals,
killer dies by lethal injection
By Julie Bykowicz and Alec
MacGillis - Baltimore Sun
June 18, 2004
After a furious legal battle that
ended only in his final hour, Steven Howard Oken wrote a letter
expressing remorse, smiled with a priest and submitted to his death
by lethal injection last night for the 1987 rape and murder of a
White Marsh newlywed.
Maryland's execution of Oken, a Baltimore County
pharmacist's son, at 9:18 p.m., brought chants of "justice has been
served" from a crowd of 60 people gathered with relatives of murder
victim Dawn Marie Garvin outside the old state penitentiary on East
Madison Street in Baltimore.
Garvin's mother, Betty Romano, was
among four relatives of the victims who witnessed the execution.
"My family has been put through hell for 17 years," she said. "Steven
Oken has been brought to justice. The only problem is that Steven
Oken died in peace, and my daughter didn't have the luxury to die in
peace like I saw him die tonight."
Oken, 42, sexually assaulted and killed three
women - two in Maryland, one in Maine - in as many weeks in the fall
of 1987.
His legal team filed appeal after appeal over the
years. But last night, witnesses said, he was anything but combative.
He chuckled and chatted with a Roman Catholic priest in the death
chamber and did not resist when the procedure began.
At 9:11 p.m.,
two minutes after the curtain snapped back, signaling that Oken had
begun receiving the deadly chemicals, his large midsection heaved
two or three times, and then he appeared to stop breathing.
Oken's
attorney, Fred Warren Bennett said he last saw his client at 7:30
p.m., and at that point, "he pretty much knew ... there was nothing
left," the lawyer said, crying as he recalled the conversation. "I
told him he wouldn't be alone. We'd all be there with him."
Speaking
of Oken, who he said was not only his client but a friend, Bennett
said, "He was a good man. He was not a monster. He was sick. He was
mentally ill. You should not kill mentally ill people."
On Wednesday, Oken appeared to have won at least
another month of life when a federal appeals court upheld a stay to
obtain more information about the state's execution procedures. But
that stay was overturned by the U.S. Supreme Court later that day.
A flurry of additional court appeals by Oken's attorneys came to
naught yesterday, with one Supreme Court rejection arriving at 8:32
p.m., less than an hour before his death.
By then, Gov. Robert L.
Ehrlich Jr., facing his first clemency appeal from a death row
inmate since lifting an unofficial death penalty moratorium when he
took office last year, had denied Oken's request.
"After a thorough
review of the request for clemency, the facts pertinent to the
petition, and the judicial opinions regarding this case, I decline
to intervene," Ehrlich said in a statement released by his office at
6 p.m. "My sympathies tonight lie with the families of all those
involved in these heinous crimes."
Bennett said Oken wrote a letter before he died,
addressed to Ehrlich after the governor had denied him clemency. In
the letter, Bennett said, "He talked about how sorry he was. It was
sent to show remorse." Bennett said he will ask Oken's family to
make it public today. Oken's last meal was a chicken patty, with
potatoes and gravy, green beans, marble cake, milk and fruit punch.
"It was the standard meal that happened to come up in the meal
rotation for today," said prison spokesman Mark A. Vernarelli.
Oken's parents said good-bye to their son and
went home at 3 p.m., said Rabbi Jacob Max, who counseled the
condemned man for about 90 minutes yesterday afternoon. "He was very
much at peace," Max said. When Max left Oken's holding cell at 4:30
p.m., a second rabbi, Moshe Davids, talked with him for another 30
minutes. Both rabbis witnessed Oken die from behind one-way glass.
The man who went into prison as a relatively fit 25-year-old had
become a much heavier middle-age man with close-cropped white-ish
hair. He wore a gray jumpsuit he was given for the execution in
place of his usual orange one.
Oken was convicted in 1991 in the 1987 rape and
murder of Garvin, whom he attacked after tricking her into letting
him into her White Marsh apartment to use the phone. Two weeks
later, he sexually assaulted and killed his wife's older sister,
Patricia Antoinette Hirt, in White Marsh, and fled to Maine, where
he sexually assaulted and killed a college student and motel clerk,
Lori Elizabeth Ward.
Outside the prison, supporters and opponents of
the death penalty gathered in separate groups. Shortly before 9
p.m., chanting arose from the group of about 60 supporters, who
included victims' relatives: "turn on the juice." When word spread
that Oken was dead, several relatives huddled briefly and said a
prayer, and others broke out in cheers. "The burden has been lifted.
Oken's dead," said Fred A. Romano, Garvin's brother. He taunted
Bennett through a bullhorn: "How can you sleep? How much money did
you make?"
Down the street, many of the 40 death penalty
opponents assembled cried when they learned that Oken had been put
to death. Those who were carrying lit candles blew them out.
"Tonight the state extinguished a life, but it ignited a flame in
each of us. I want you to walk away from this event tonight
stronger," said Sedira Banan, 19, of the American University
Campaign to End the Death Penalty.
The execution - the 84th in Maryland's history,
its fourth since resuming executions in 1994 after the Supreme Court
reinstated the death penalty in 1976 and its first since 1998 -
occurred in amid an intensifying statewide debate over capital
punishment. Over the past two years, Ehrlich's predecessor, Parris
N. Glendening, had imposed a temporary moratorium on the death
penalty, state Attorney General J. Joseph Curran Jr. called for
abolishing it, and a state-commissioned report questioned the
fairness of the state's use of the sentence.
Oken's case, which included two previous death
warrants that were not acted upon because of appeals, grew closely
entwined with the larger debate. His parents became vocal critics of
the death penalty, while Garvin's family became outspoken advocates
of it. Death penalty critics noted that Oken's case fit what they
said was a disturbing trend in Maryland: like a disproportionate
number of death row inmates, Oken was sentenced in Baltimore County,
and his victims were white. But advocates of the death penalty noted
that, as a middle-class white man, he could hardly be portrayed as a
victim of prosecutorial bias.
Steven Oken admitted to his crimes. He sexually
assaulted and shot to death three women in November 1987. Then 25
years old and married, Oken gave few hints that he would commit such
crimes, his family has said. In a 2001 article in the Baltimore
Jewish Times, Oken talked of his drug and alcohol abuse, personal
problems and depression, and said, "I can't point to one thing that
made this happen ... I just didn't want to deal with everything."
Adopted at birth by David and Davida Oken, Steven
was raised in a Jewish family with a younger brother and sister.
Oken's mother, Davida Oken, said signs of trouble emerged in 1986.
She said her son had been abusing alcohol and drugs, including
cocaine, marijuana and prescription medications that he had stolen
from his father's pharmacy.
On the night of Nov. 1, 1987, Oken knocked on
doors in a White Marsh neighborhood near where he and his wife lived,
trying to convince residents to let him inside by posing alternately
as a stranded motorist and a doctor. According to court testimony,
he knocked on 20-year-old Dawn Garvin's door. She let Oken inside.
Garvin's father, Frederick J. Romano, found his only daughter's body
early the next day. Two weeks later, Oken attacked his wife's older
sister, Patricia Hirt, inside his White Marsh townhouse, where the
43-year-old Hirt had come to return a camera. Two days later, he was
arrested in Maine - but not before he sexually assaulted and fatally
shot motel clerk Lori Ward.
Suzanne Tsintolas, Ward's older sister and a
Rockville lawyer, said a few days ago that the execution would "help
to maintain my faith in our judicial system." "My sister was ripped
away from our family, and we can't get her back. But at least this
evil person won't be walking among us."
Outside the prison after the execution, the crowd
of death penalty advocates lingered to celebrate. As the hearse
containing Oken's remains pulled away at 10:25 p.m., the crowd
chanted "na, na, na, na, hey, hey, hey goodbye." Taking in the scene,
Fred J. Romano, Garvin's father, said "I'm feeling great right now.
I feel finally justice has been done. And I just want to say this: I
cradled my dead daughter's body in my arms when I found her. I
attempted to give her CPR. The way this guy died, he died too easy.
He had no right to die in dignity, no right at all."
OKEN TIMELINE
Baltimore Sun - June 18, 2004
1987
Nov. 2: The father of newlywed Dawn Marie Garvin,
20, finds her nude body in her White Marsh apartment. She had been
raped, tortured and shot to death.
Nov. 16: The nude body of Patricia Antoinette
Hirt, 43, is discovered in a drainage ditch along White Marsh
Boulevard. She had been sexually assaulted and shot to death. Oken,
having fled to Maine, sexually assaults and shoots to death motel
clerk Lori Elizabeth Ward, 25.
Nov. 17: Oken is arrested at a Freeport, Maine,
inn.
1989
June 23: Oken is sentenced in Maine to life in
prison for killing the motel clerk.
1991
Jan 25: Oken is sentenced to death for the Garvin
slaying.
April 23: Oken receives a life sentence for the
Hirt slaying.
2002
Feb. 6: The Maryland Court of Appeals postpones
Oken's pending execution indefinitely as he appeals a Court of
Appeals ruling to the U.S. Supreme Court.
2003
Feb 11: Maryland Court of Appeals again postpones
Oken's pending execution to hear his appeal that the state's death
penalty law is unconstitutional.
2004
April 26: The Supreme Court declines to hear
Oken's appeal of a Maryland Court of Appeals decision. Within hours,
a third death warrant is signed, setting Oken's execution for the
week of June 14.
June 9: The Maryland Court of Appeals refuses to
delay the execution.
June 15: A U.S. District Court judge issues an
indefinite stay of execution.
June 16: A federal appellate court upholds the
stay. About eight hours later, the U.S. Supreme Court lifts the
stay.
June 17: Gov. Robert L. Ehrlich Jr. denies Oken
clemency.
Judge postpones Oken's
execution, spurring appeals; Death sentence may
still go ahead
By Julie Bykowicz - Baltimore Sun
June 16, 2004
The legal struggle surrounding
condemned killer Steven Oken's fate moved at a furious pace
yesterday, as a federal judge delayed the execution -- and attorneys
for the state promptly appealed so that he may yet be put to death
before week's end.
A decision from the three-judge panel from the
U.S. Court of Appeals for the 4th Circuit in Richmond, Va., could
come as early as today. The judges could let stand the lower court
decision to hold further hearings in the case next month. Or they
could clear the way for Oken to be executed by lethal injection
before his death warrant expires at midnight Friday. Either side
could appeal to the Supreme Court.
Fred Warren Bennett, Oken's lead attorney, called
the federal ruling a "big-time win." "Mr. Oken is very relieved that
the court ... signed the order," Bennett said. "He has read it ...
and he hopes to continue to be able to live."
The family of one of Oken's victims continued to
call for his execution, holding a vigil outside the state
penitentiary complex in Baltimore, where Oken is being held."It's
time to end the injustice," said Fred A. Romano, the brother of
Oken's first victim, Dawn Marie Garvin, after learning of the
federal judge's decision. "It's time to go with what a jury of his
peers decided would be his fate."
A dramatic day of legal developments began at 10
a.m. when U.S. District Judge Peter J. Messitte's decision was
posted on the court's Web site. He called for a hearing July 19 to
determine whether Maryland's execution procedures violate the
Constitution's ban on "cruel and unusual punishment." Monday, Oken's
attorneys had argued before Messitte in his Greenbelt courtroom that
there had been a leak in the intravenous line that delivered the
anesthetic and deadly chemicals during the execution of Tyrone X.
Gilliam in 1998, meaning he may have suffered before death.
Lawyers
for the state did not deny that a leak had occurred, but asserted
that the procedure did not constitute a violation of the Eighth
Amendment's prohibition on cruel and unusual punishment. The
Department of Public Safety and Correctional Services issued a
statement yesterday, saying that the Gilliam execution was
"performed humanely and painlessly."
Oken asked the state last month for its execution
protocol, according to his attorneys. Messitte wrote that he found
it "troubling" that the state did not quickly provide a complete
copy of its procedures, which had been recently amended.
"Fundamental fairness, if not due process, requires that the
execution protocol that will regulate an inmate's death be forwarded
to him in prompt and timely fashion," the judge wrote. Messitte
wrote that he is "deeply solicitous of the family and friends of
Dawn Marie Garvin and acknowledges their desire, after so many
years, to see closure in this case. "Nevertheless it is the court's
duty ... to see that the guarantees of the U.S. Constitution are
respected, even in the case of someone who may be despised by the
entire polity."
By early afternoon, the Maryland attorney
general's office had sent its written argument to the Richmond court
via fax. Oken's team quickly filed its response. At day's end, the
Virginia judges had the documents before them. Both sides have
already prepared appeals to the Supreme Court in response to
whatever the 4th Circuit's decision may be.
Andrew D. Levy, an instructor at the University
of Maryland's law school and a trial lawyer for more than 20 years,
said he expected "a race" if the appeals court overturns Messitte's
ruling. "Oken's lawyers would then rush to get the Supreme Court to
reinstate the stay, and the state might immediately try to execute
Oken," he said. Three inmates have been put to death by lethal
injection since the state resumed executions a decade ago.
Oken was sentenced to death in 1991 for the 1987
rape and murder of Garvin, a White Marsh newlywed. He also was
convicted of sexually assaulting and murdering two other women:
Patricia Antoinette Hirt, his wife's older sister, and Lori
Elizabeth Ward, a motel clerk in Maine.
Death penalty opponents who gathered near the
Supermax prison last night said they were pleased with the federal
judge's ruling. "What's the problem with waiting until July 19?"
asked Max Obuszewski, a peace activist who lives in Charles Village.
"What's the rush to kill the guy?"
Earlier yesterday at East Madison Street and
Greenmount Avenue, Garvin's friends and relatives gathered with
signs that urged the state to "kill the beast" and noted that the
women Oken murdered "weren't given any appeals." Garvin's brother
said his family has grown accustomed to the delays and appeals that
have accompanied Oken's capital-murder conviction. "If the criminal
justice system was there for justice, Steven Oken would have been
dead 17 years ago," said Fred A. Romano said, wearing a sign with
photographs of his sister and the two other women Oken killed.
Romano said he hopes the state legislature will
pass a law limiting the number of appeals death row inmates can
file. And he said he and his family remain optimistic that Oken will
be put to death. "I'm only sorry he will fall asleep peacefully," he
said. "Call it vengeance. Call it revenge. Call it what you will. I
call it justice."
Sun staff writer Gus G. Sentementes, Jennifer
McMenamin, Laurie Willis contributed to this article.
Curran's views raise concern
over conflict
Attorney general's call to
abolish death penalty draws rebukes from some
By David Nitkin - Baltimore Sun
June 16, 2004
A federal judge had derailed execution plans for
convicted murderer Steven Oken, and a final push was needed before a
killer could receive an injection of toxins. So the office of one of
Maryland's most prominent death-penalty opponents sprang into
action. Lawyers working for state Attorney General J. Joseph Curran
Jr. rushed legal papers to a federal appeals court in Virginia
yesterday, urging the panel to reverse the decision of U.S. District
Judge Peter J. Messitte to stay Oken's execution. They were arguing
for an outcome that would violate a deeply held belief of their
boss.
Curran has publicly renounced the death penalty,
even as he is sworn to uphold its implementation. Yesterday's flurry
of activity inside the attorney general's office highlighted the
potential for conflict created by Curran's personal views and the
professional responsibilities of the office he oversees. "He is on
the hot seat because he is an opponent of the death penalty, and
everybody knows that," said Richard J. Dowling, a lobbyist for the
Maryland Catholic Conference, which opposes executions. "It requires
an artful tightrope for someone who believes as he does and who at
the same time upholds the public trust."
A devout Catholic who has overseen the three
executions since Maryland's death penalty was reinstated in 1978,
Curran has opposed capital punishment for decades. But he carved a
more visible position early in 2003, when he publicly called for the
abolition of state-sanctioned killing. "Capital punishment comes
only at the intolerable risk of killing an innocent person," Curran
said at the time, adding that he would actively push for laws
eliminating the penalty in light of evidence of racial and regional
disparities in its implementation.
His statement and subsequent testimony in favor
of anti-death penalty legislation drew rebukes from those who
questioned whether Curran, a Democrat, could fulfill his public
obligations despite his personal beliefs. Critics repeated those
concerns yesterday, as Curran's office was scrambling to file
motions to convince the U.S. Court of Appeals in Richmond to remove
the execution stay imposed by Messitte and allow Oken to die by
Friday, when a death warrant is to expire. "I just hope that the
attorney general hasn't put us in a compromising position with
regard to a vigorous defense," said Del. Anthony J. O'Donnell, the
House Republican whip from Southern Maryland. "It was poor judgment
on the part of the attorney general to make such a public
pronouncement on such a controversial issue."
Curran was traveling to California for a national
conference yesterday and did not respond to a request for a
telephone interview. Other lawyers in the office said Curran had no
direct communication with them yesterday as motions were being
prepared. "He always takes seriously the oath and the
responsibilities of the office, despite his personal views," said
Donna Hill Staton, Curran's top deputy. "That's something he's made
very clear."
Few political observers question the integrity of
Curran, 72, the former lieutenant governor, state senator and
delegate who is in his fifth term as attorney general. "He is sworn
to uphold the Constitution, and he has shown he is able to do that,"
said Montgomery County State's Attorney Douglas F. Gansler, a
Democrat who is considering a run for attorney general in 2006. "At
first blush, you might say there is the appearance of a conflict,
but there really isn't."
Death-penalty cases weigh heavily on Curran, as
they do all attorneys in the office, said Carmen M. Shepard, a
former deputy attorney general. "I can tell you from personal
experience that it is far more harrowing and draining than I had
ever imagined," said Shepard, who left the office for private
practice in 2002.
While Curran is careful at drawing a line between
his personal beliefs and his professional duties, he has also
articulated why he has spoken out, she said. "At the end of the day,
he has said, you are accountable for your positions, and you have to
do something about it," Shepard said. For Curran, she said, "the
place to do that is the legislature," by testifying on bills and
advocating for law changes.
Sen. Nancy Jacobs, a Harford County Republican
and death-penalty supporter, said families of crime victims may not
feel comfortable with Curran's views. "I like people who vigorously
want to uphold the law and don't have a known bias going into
something," Jacobs said. "And it is obvious that the man has a known
bias on this subject." But Jacobs said she spoke yesterday with
members of Oken victim Dawn Marie Garvin's family who said they were
pleased with how the criminal appeals division of Curran's office
was handling the case.
Trying to aid son before
execution
Oken's parents attend rallies, speak
to him daily as sentence draws near
By Julie
Bykowicz - Baltimore Sun
June 14, 2004
Steven Oken and his mother talk on the phone
nearly every day, and she visits him every week. But in 17 years of
conversations about such varied topics as local sports teams and
world events, there's a topic that Davida Oken says she hasn't ever
broached: the crimes that put her son on death row. "Why bring it
up?" she asks. "I have never asked him for details, for an
explanation. What good would it do?"
Steven Oken, the son of a pharmacist, was 25
years old and married in November 1987 when he raped and killed
three women. Now, his mother says, there's another subject that she
avoids when talking to her son: his scheduled execution, which could
take place as soon as today. "It's hard to make conversation without
him getting upset or me getting upset," Davida Oken says. "There
will be plenty of time for me to be upset later. Right now I try to
keep him laughing and smiling."
As the scheduled execution has neared, Davida
Oken and her husband, David, have participated in several anti-death-penalty
rallies. Attorneys for Steven Oken are working to delay his
execution to allow a legal challenge to Maryland's lethal-injection
process. They were preparing an appeal to the Supreme Court, and a
hearing is scheduled for this afternoon in U.S. District Court in
Greenbelt.
Steven Howard Oken was adopted at birth and
raised in a stable, upper-middle-class family in Randallstown, his
mother says. He has a younger brother and a sister, both of whom
have successful careers. Davida Oken says the siblings remain in
contact with their brother. Oken's bar mitzvah was Jan. 25, 1975, at
Baltimore Hebrew Congregation, his mother says, and though the
family was never strictly observant, the children spent High Holy
Days at the synagogue, where their parents were members for 27 years
before withdrawing their membership.
He played many sports and was on the lacrosse
team at Randallstown High School, Davida Oken says. He studied
health science for three years at the University of Maryland,
Baltimore County, but he withdrew a few credits shy of a degree, she
says. Although Oken had a conventional childhood, Davida Oken says,
he reacted badly when his parents told him at age 10 or 11 that he
had been adopted. At Oken's sentencing hearing in 1991, she
testified that he "screamed in disbelief for two hours."
As he grew into a young man, Oken began working
alongside his father at his business, Oken's Rexall Pharmacy, across
from Johns Hopkins Hospital. He married a young woman named Phyllis
Hirt, whom his mother says he had met through the pharmacy. (She
divorced him after his arrest.)
Davida Oken says signs of trouble emerged in
1986, when her son started "running away from a lot of things. He
used drugs -- cocaine, marijuana, prescription medications -- and
abused alcohol." She says she noticed a physical change in her son
and that she and his father demanded that he seek help if he wanted
to continue to work as a pharmacy technician.
Oken saw a psychiatrist off and on for about a
year, she says. But in the fall of 1987, he began getting into
trouble with the law, according to police and court records. He was
arrested Oct. 13 and charged with beating up a motel clerk in East
Baltimore. A week later, Oken attacked a prostitute in a parking lot
at the Inner Harbor after he refused to pay her in advance, police
said after his arrest in the three women's murders.
The night of Nov. 1, 1987, Oken posed alternately
as a stranded motorist and a doctor as he sought entrance to
apartments in White Marsh, court testimony would show. His wife was
in California on a business trip. According to the testimony, he
knocked on Dawn Marie Garvin's door. Her husband of four months had
left that evening to return to his naval base in Virginia. She let
him inside. Oken raped Garvin and sexually assaulted her with a
condiment bottle, and then he shot her twice in the head.
As Baltimore County police searched for Garvin's
killer, Oken attended a Nov. 9 hearing in the motel clerk's assault.
He received probation before judgment and was ordered to seek
alcohol treatment. He was arrested Nov. 14 just south of White Marsh
and charged with driving while intoxicated.
The next day, Patricia Hirt disappeared. Police
found her nude body in a ditch along White Marsh Boulevard on Nov.
16. They searched Steven Oken's apartment and found evidence that he
had sexually assaulted and killed Hirt, his wife's older sister.
There they also found ballistic evidence linking him to Garvin's
death.
That day, driving Hirt's white Ford Mustang, Oken
made it to Kittery, Maine, where he sexually assaulted and fatally
shot motel clerk Lori Ward. He checked into another motel, and
that's where Maine police arrested him Nov. 17. From the moment Oken
was arrested, his parents have been unconditionally supportive,
paying expensive legal and psychiatric bills and spending as much
time with him as they can. "He is my son," his father told The
Evening Sun in 1989. "It's horrible. We close our eyes sometimes and
hope it will all go away, but then you realize that it happened and
is a fact and you have to deal with it."
Attempts to obtain an interview with Steven Oken
were unsuccessful. In a 2001 article in the Baltimore Jewish Times,
he talked of his drug and alcohol abuse, personal problems and
depression, and said, "I can't point to one thing that made this
happen. ... I just didn't want to deal with everything." "There are
no excuses for what I've done," he told the Jewish Times. "And I
can't begin to imagine the suffering, the cost of what I've done to
these people. It's a terrible thing I did." He has become more
religious during his time behind bars, his mother says. He practices
Orthodox Judaism, attaching tefillin, boxes containing biblical
verse, to his body, she says.
Oken is 42 now. His 5-foot, 10-inch frame is
heavier than it used to be, his mother says, and his hair is gray.
Because of prison rules, the Okens say, they have not been able to
touch their son in more than a decade, ever since he was moved to
the Maryland Correctional Adjustment Center, better known as
Supermax. Still, Steven Oken is allowed to call his parents,
sometimes more than once a day. In her 30- to 45-minute visits,
Davida Oken says, the two talk about their family. They talk about
auto racing, the Ravens and the Orioles. Davida Oken says she has
seen her son every day since June 1, when he was moved to solitary
confinement in preparation for his scheduled execution. She says she
is running out of ways to make small talk.
Lost lives, lost hopes
mourned
Families: Relatives of women slain by
Steven Oken recall their loved ones and ponder
what might have been
By Julie Bykowicz - Baltimore Sun
June 13, 2004
Dawn Marie Garvin would be 37 years old now, and
her family has no doubt that she'd have a house full of kids and a
successful accounting career. She'd be an aunt to her brother's
stepson and two little girls, one of whom is named after her. She'd
probably stop by for dinner at her brother's townhouse in Harford
County, and she'd visit her parents.
But in November 1987, the lives of Garvin and two
other women - Patricia Hirt, who'd be a grandmother now, and Lori
Ward, who perhaps would have fulfilled her dream of becoming a
veterinarian - were cut short by Steven Oken. With the convicted
killer at the brink of execution, his victims' families fondly
remembered their loved ones, pained by thoughts of what might have
been. Seventeen years ago, Garvin was feeling good about her chances
of landing an accounting job for a company at Baltimore's World
Trade Center. She was 20 years old, with red hair and an easy smile.
She'd been working as a secretary for the military and taking
accounting classes at Harford Community College.
That summer, the former Dawn Marie Romano had
married a naval officer named Keith Garvin, her boyfriend since
their days at Harford County's Joppatowne High School. Dawn Garvin
adopted a poodle puppy she named Pepper to keep her company while
her husband was on base in Oceana, Va., and was busy making a home
of the White Marsh apartment they'd rented. One day, the young wife
called her mother, Betty Romano, to ask for a lasagna recipe. Her
husband was leaving that night for the Navy base, and she wanted to
cook him something special before he left.
After dinner, Keith Garvin took off on his
motorcycle for Virginia. He later called his wife to say he'd
arrived safely, but there was no answer. Dawn Garvin's father went
to check on her, and he found his only daughter dead. She'd been
raped, sexually assaulted with a condiment bottle and shot twice in
the head. Her family says Garvin no doubt would have had a good life.
"I miss my daughter more than anything," Fred J. Romano says. "She
was a pure joy, with her whole life ahead of her."
Grandchildren
Patricia Hirt would probably still be best
friends with her two daughters, whom she raised in Hamilton as a
single mother. Her girls were 17 and 18 when she was killed. She was
43. She'd also be a grandmother. Her younger daughter, Jessica, has
a 17-month-old girl and twin girls on the way.
A longtime administrative secretary at Johns
Hopkins Hospital, Hirt was beloved by her colleagues, who still talk
about her on Internet message boards. She worked to send her
daughters to Notre Dame Preparatory School. Her daughters believe
their mother would be proud of their careers. Monique Klapka, 35, is
a nurse midwife. And Jessica - who is uncomfortable with her last
name being used in the newspaper - is a school guidance counselor.
"We were three peas in a pod," Klapka says. People always described
Hirt, with her brown hair, brown eyes and warm smile, as an
attractive and caring person, Klapka says. She volunteered with the
Special Olympics and loved to ski - a pastime she passed along to
both daughters.
Klapka last saw her mother at a mother-daughter
weekend at Hood College in Frederick. A few days later, Baltimore
County detectives found Hirt's nude body in a ditch along White
Marsh Boulevard. She had gone to return a camera to her younger
sister's husband, Steven Oken, at their White Marsh apartment. He
raped and beat her, then shot her. Oken took off in Hirt's white
Ford Mustang, heading north.
Love of animals
Lori Ward, who worked as a motel clerk in Maine
in November 1987, would be 42 now. Suzanne Tsintolas believes her
younger sister would have become a veterinarian and continued
educating children about the responsibilities that come with having
a pet. Instead, there's a memorial fund in Ward's name at the New
Hampshire Society for the Prevention of Cruelty to Animals.
Ward was tall and thin, and she considered
herself an "ugly duckling," says Tsintolas, a lawyer who lives in
Rockville. "No one else felt that way about her, of course."
Ward was living with her parents in Portsmouth,
N.H., taking classes at the University of New Hampshire and working
part time at the Coachman Motor Inn in Kittery, Maine. She had
decided that, after Christmas, she would stop working to concentrate
on making progress toward a veterinary degree. Even as a little girl,
Ward loved animals, her sister says. When she was about 10, she
picked out a miniature poodle and named her Misty. It was the
family's dog, but the poodle adored Lori and followed her everywhere,
her sister says. After Ward's murder, Tsintolas says, Misty stopped
eating and died.
A maintenance man at the inn found Ward's body.
She had been sexually assaulted and shot.
Just before Ward's father died two years ago, he
asked Tsintolas to see to it that the man who killed his youngest
daughter paid for his crimes with his life. "He said, 'Stay with it
for me,'" Tsintolas says. "'Stay the course. Don't let it go.'"
The three victims' families saw Oken be held
accountable for the slayings. He pleaded guilty in Maine to Ward's
murder, and he pleaded guilty in Baltimore County to Hirt's murder.
A Baltimore County jury found him guilty of Garvin's murder and, in
January 1991, sentenced him to death.
Over the next 13 years, the families have had
limited contact with one another. Tsintolas says she met the Romanos
early in Oken's appeals process. Tsintolas says she and Fred A.
Romano, Garvin's brother, have had lengthy phone conversations about
having lost a sibling to murder. Last week, some of Hirt's
relatives, including Klapka, met with the Romanos in Bel Air. Each
family plans to have a representative among the witnesses if Oken's
final appeals fail and he is executed by lethal injection this week.
Victim's family awaits
killer's execution
After years of delays,
lethal injection scheduled next week for Oken
By Julie Bykowicz -
Baltimore Sun
June 8, 2004
The Romano family is getting ready. Betty Romano,
mother of Dawn Marie Garvin, has pulled out two of her slain
daughter's stuffed animals to bring along if the state carries out
the death penalty against the killer. She has affixed handmade signs
to the windows of her Buick announcing the scheduled execution.
Garvin's father, Fred J. Romano, and brother, Fred A. Romano, are
making plans to stand outside Maryland's death row, amid death
penalty protesters, on execution night.
The Romanos know that Steven Oken - who nearly 17
years ago raped and murdered Garvin and two other women - has a
motion before the state's highest court today asking the judges to
delay his court-ordered death by lethal injection. And they know
that twice before the court has granted similar requests. But, Betty
Romano, 57, said yesterday, "This is the closest we've ever come."
Less than a week before the first day that Oken's death sentence
could be carried out, the Romanos hope that they might finally see
what they call justice for Garvin.
When a Baltimore County prosecutor called Betty
Romano yesterday at her Aberdeen apartment with a daily update, she
told him, "If this falls through, I will be a disaster." The signs
in her car windows urge people to "join us at the execution for
Steven H. Oken. ... Free Admission." Deputy State's Attorney Stephen
Bailey said that for the Romanos the years of delays have been "a
hellish emotional roller coaster."
In the early morning hours of Nov. 2, 1987, Fred
J. Romano found his only daughter dead in her White Marsh apartment,
nude, her face covered by a pillow, in a pool of blood on her bed.
She had been raped and sexually assaulted with a condiment bottle
before Oken, a man she'd never met, shot her in the head. A stuffed
bear - one her mother plans to hold if she witnesses Oken's
execution - was tucked under her arm.
Garvin, 20, an accountant and college student,
had been married about four months to her high school sweetheart,
naval officer Keith Garvin. He had returned to base in Virginia the
day she was murdered. Fred J. Romano, 60, said the memory of that
scene and the loss he feels stoke bitterness and hatred. But he said
he tries to contain those feelings and approach capital punishment
in a matter-of-fact way: "The death penalty was rendered after a
trial, and the state is obligated to carry out that sentence," he
said yesterday at his son's townhouse in the Belcamp area of Harford
County.
"My dad is much more rational than me," said Fred
A. Romano, 34. The younger Romano makes no attempt to couch his
feelings about Oken: "There is one person on this Earth that I could
kill in cold blood," he said. "And that person is Steven Oken."
About three years ago, Fred A. Romano said, he came to believe that
the voices of family members of murder victims were being drowned
out by outspoken death penalty opponents.
He created a Web site, called Maryland Coalition
for State Executions, mc4se.org, and began posting information about
death penalty cases in Maryland. Last year, his wife, Vicki Romano,
developed a national companion, prodeathpenalty.org. Recently, he
added a clock that counts the days, hours, minutes and seconds until
the death warrant for Oken goes into effect.
Garvin's death and the shocking way that she died
have taken a heavy toll on the family. Her parents separated about
three years ago, something that Betty Romano attributes, at least in
part, to the murder and its aftereffects. She created a support
group called Families of Murdered Loved Ones, but she eventually
dissolved the group because "every minute of every day, I was
reliving the pain."
Fred A. Romano said it pains him to know that his
children - two little girls and a teenage stepson - never got to
meet "Aunt Dawn." "Oken cheated them, too," he said. He contemplated
what he would write on the signs he plans to hold outside the prison
hospital in Baltimore the night of Oken's execution, if it happens.
He thinks they will say, "Judgment Day has come."
Maryland Executes Oken; 1987 Rampage in 2 States
Left 3 Women Dead
By Susan Levine - The Washington Post
June 18, 2004
BALTIMORE, June 17 -- Steven Howard Oken, the
Maryland inmate whom a prosecutor once called a "poster boy" for
capital punishment, was put to death shortly after 9 p.m. Thursday
for the murder of a young Baltimore County college student and
newlywed nearly a generation ago.
A trio of chemicals -- color-coded red, green and
blue by a team of hidden executioners -- was pumped into Oken's
veins starting at 9:09 p.m. Within minutes, the lethal injection
rendered him unconscious, paralyzed his lungs and, finally, stopped
his heart. Witnesses said his face turned ashen as the solution
started to flow, but there apparently were no complications. It was
the first capital sentence carried out by the state since 1998 and
came only after the U.S. Supreme Court lifted a stay of execution
late Wednesday.
Observing the moment inside the old Maryland
penitentiary in downtown Baltimore were not just Dawn Marie Garvin's
husband and mother but relatives of the two other women he sexually
assaulted and fatally shot during a two-week rampage from Maryland
to Maine in November 1987. "I want to thank God. This is finally
over," said Betty Romano, Garvin's mother. "The only problem is
Steven Oken died in peace. My daughter didn't have the luxury to die
in peace, as I saw Steven Oken die tonight."
Oken's former wife, Phyllis Hirt Ryan, whose
sister was killed by Oken, was among the witnesses. "After 17 years
of torture, her nemesis is gone," said her husband, Mark Ryan. "She
wanted to see justice done for her fallen sister."
Outside the prison, in the shadows of its
medieval-looking walls and turrets, demonstrators and
counter-demonstrators gathered for hours, some hoisting posters,
some holding candles in a scene alternately raucous and somber. At
the center of the crowd of death penalty supporters stood Garvin's
father and brother. "I feel good right now. I feel very good right
now," said her father, Fred Romano Sr., who had waited through years
of legal appeals for Oken to die. "I thought for a while he would
outlive me."
David and Davida Oken, who had maintained as
tireless a campaign to save their son as the Romanos had to see him
put to death, were not at the prison Thursday night.
With the window rapidly closing on his life, the
42-year-old Oken had spent the day meeting with two rabbis, his
parents and sister and his attorneys, whose final efforts to find
other legal issues to save their client were rebuffed by three
federal courts. The Supreme Court refused another petition in which
the prisoner contended that he had suffered from ineffective
representation at his 1991 trial. Word on his final, failed appeal
to the U.S. Court of Appeals for the 4th Circuit came just 19
minutes before the execution was set to begin at 9 p.m.
"The system has failed," said attorney Fred
Bennett, who has represented Oken for more than decade. "It's
broken. It cannot be repaired." Bennett remained with this client
until 7:30 p.m., giving him a hug through the cell bars, and
witnessed the execution. "I said: 'You are not alone. You will not
stand alone. I will be with you till the last breath of your life.'
And I was," Bennett recounted in a choked voice.
One of Oken's last hopes had been Gov. Robert L.
Ehrlich Jr. (R), whom he had asked to commute the capital sentence
to life without parole. At 5:08 p.m., Ehrlich's office faxed the
defense a three-paragraph statement announcing that the governor had
denied the request. Ehrlich, a strong supporter of the death penalty,
had pledged repeatedly since taking office that he would carefully
review any case that came before him. This was his first opportunity
to do so, and Ehrlich wrote that he had employed "a deliberative
process," examining all the facts and judicial opinions, and "as
thoughtful decision making as I am able to summon in this so tragic
matter."
In an interview earlier in the day, Ehrlich said
he was not troubled by the weight of the decision. "That's why I get
paid," he said. "Executives make decisions. If you have difficulty
making tough decisions, maybe you shouldn't be an executive. It's
part of the job."
Oken faced the death penalty for Garvin's
slaying. He received two terms of life without parole for his other
crimes -- the killing in Maryland of his sister-in-law, Patricia
Hirt, and the slaying of Lori Ward, a young motel clerk in Maine
whom he chanced upon while fleeing up the coast. By agreement
between the states, had Ehrlich granted clemency to any degree, Oken
would have been transferred to Maine and served the rest of his life
behind bars there. The governor's conclusion, though, was no
surprise: "It is my decision not to override the judicial
determinations of the sentence of death imposed upon Steven Oken."
In a separate statement, he said, "My sympathies tonight lie with
the families of all those involved in these heinous crimes."
The various groups that have rallied around Oken,
despite the details of the murders and his undisputed guilt,
lamented Ehrlich's refusal to intervene. "That would have been the
humane thing to do and would have avoided the media circus" of the
past week, said Cathy Knepper, Amnesty International's coordinator
for abolition of the death penalty in Maryland. "I'm thinking of the
Romano and Oken families. This was all unnecessary, and I can't
imagine what it's put these two families through. Because he clearly
was never going to get out."
But after more than a decade of court appeals,
Bennett said his client was "ready to die." Before being transported
across the street from the Supermax prison, where officials recently
moved him from death row to solitary confinement, Oken composed a
two-page letter to Ehrlich that Bennett said expresses contrition.
Oken offered no words for the witnesses as he lay
on the padded, stainless steel table, catheters inserted in both
arms and a pale blue sheet pulled up to his chest. Witnesses said
Oken was conscious and seemed to be joking with a prison chaplain
immediately before the procedure. He offered no resistance as the
solution began to flow at 9:09. There was no movement after 9:11. He
was pronounced dead at 9:18.
Seventeen years ago, Oken was a college dropout
working at his parents' pharmacy near Johns Hopkins Hospital in
Baltimore and watching as his marriage fell apart. He'd been
drinking heavily, stealing antidepressants and other drugs from the
pharmacy shelves and generally spiraling downward. In court, he
initially claimed that he could not remember what happened the night
Garvin was killed -- a memory lapse he blamed on the booze, pills
and a "sexual sadism" that he could not control. Psychiatrists who
testified for him after he recovered his memory late in the trial
provided horrific details of what he said he did to Garvin after he
approached her as she walked her dog and persuaded her to let him
use her phone. Garvin's father discovered her body in her White
Marsh apartment, a nightmarish scene that has haunted him ever since.
"You are a very evil and dangerous man," declared
Baltimore County Circuit Judge James T. Smith Jr. at the conclusion
of Oken's trial in 1991. His death penalty launched appeals in state
and federal court on a multiplicity of issues. Twice, Maryland's
highest court came within one vote of ruling that Supreme Court
decisions had rendered his sentence illegal. One death warrant
lapsed because of an execution moratorium imposed by then-Gov.
Parris N. Glendening (D), responding to growing concern about racial
and geographic disparities in the way the system is administered in
Maryland.
Staff writer Matthew Mosk contributed to this
report.
Powerful Feelings Converge on Oken
Execution
Supporters, Death Penalty Foes Gather Outside Md. Prison
By Darragh Johnson and Susan Levine - The
Washington Post
June 18, 2004
BALTIMORE, June 17 -- Just after 6 p.m. -- three
hours before the man who brutally raped, tortured, then murdered his
sister was scheduled to die -- a hoarse Fred Romano drove up to the
curb on Madison Street. Days of shouting in favor of death for
convicted murderer Steven H. Oken had cost him his voice, but the
messages scrawled on the tinted windows of his silver Jeep Grand
Cherokee said everything:
JUSTICE HAS BEEN 17 YEARS TOO LONG - JUDGEMENT
DAY IS HERE - OKEN MUST GO
And across the back windshield -- beneath a teddy
bear perched on the roof to signify the sexual torture Romano's
sister endured -- were the words:
IN LOVING MEMORY - DAWN MARIE GARVIN
Nearly 17 years had passed since Romano last saw
his sister as she headed out of her Baltimore County apartment to
walk her dog. Somewhere along the way, she encountered Oken.
Thirteen years had passed since Oken was sentenced to die for her
murder. Finally, after another last-minute reprieve was struck down
by the Supreme Court, Oken was assigned a time and date of execution:
9 p.m. Thursday. Romano wasn't going to miss it.
His wife, Vicki, got out of the car with a cooler
and a pile of signs she placed on nearby benches. They stood at the
edge of Maryland's Supermax prison, a sprawling sea of brick
buildings surrounded by a double circle of barbed wire. As Romano
held up a sign urging death for Oken, he sighed heavily, took a drag
on his cigarette and nervously tapped his right foot. "Waiting. I'm
waiting," he said. "When he's dead, I'll have peace. Dawn will have
peace. My dad will have peace." Romano paused. "We'll all have peace."
Often when the Romano family had lobbied for
capital punishment in Annapolis, the family felt outnumbered by
death penalty opponents. This time, the honking cars and chanting
crowd suggested that they had plenty of support. At one point, a
stranger walked up to Romano's father, also Fred, and embraced him.
"Give me a hug," Jeannette Edmonds of Baltimore said to him. "I'm so
sorry. I had to be here. God bless you."
Two blocks away, two women carried a sign that
said: "No more killing; Stop executions." They were walking to the
other side of the prison, where police officers had told death
penalty opponents to wait. "It's sad. This execution won't bring
healing to the families. Only forgiveness brings healing," said
Susan Crane, 60, of Baltimore.
Art Laffin of Northwest Washington stood among
the protesters, his heart with the families of Oken's victims as
well as with the death penalty opponents. He said his brother, an
associate director of a homeless center in Hartford Conn., was
stabbed to death outside the center five years ago. "How do you
break the cycle of violence with more violence?" he said, adding: "My
. . . prayers go out to the Garvin and Romano families. I know the
terrible anguish they've experienced."
Down the street, Betty Romano, Dawn Garvin's
mother, was escorted soon after into the prison to witness Oken's
death. The elder Fred Romano said he decided against watching the
execution so that he could offer support to his son and daughter-in-law
as they stood outside. The father acknowledged that he was curious
what Oken's final words would be. "I'd like him to say, 'I'm sorry,'
in his own words," he said. "Not his attorney. Not his psychiatrist.
I'd like him to say, 'I'm sorry,' for what he did. All he's ever
done is snicker, laugh and mock us." The elder Fred Romano would
soon learn that Oken did not make a final statement but composed a
two-page letter to Gov. Robert L. Ehrlich Jr. (R) expressing his
contrition.
The younger Fred Romano stood near his father,
waiting nervously for news of the execution. "I want this over with,"
he said at 9:18, 18 minutes after the procedure was scheduled to
begin. Another 20 minutes passed before he grabbed the bullhorn and
announced to the crowd that Oken was dead. Amid the cheering,
someone asked him what life would be like now. "That's what we'll
find out tomorrow morning," he said. "This starts the day." He
continued: "I just thank God that it has finally come to an end. The
burden has been lifted. Oken is dead."
Down the street, Stephanie Gibson, 49, a
professor at the University of Baltimore, approached the microphone
in front of about 80 death penalty opponents and delivered the news.
"I've just been told that Steven Oken was executed tonight," she
said. "Boo on Maryland," shouted a woman in the back of the crowd. "Boo
on Maryland. Shame on our governor." The crowd fell quiet.
Murder Victims Of Steven Oken
WBAL Channel 11
June 17, 2004
Steven Oken was sentenced to death for the 1987
murder and rape of Dawn Marie Garvin, (pictured, right) a 20-year-old
newlywed. He also was convicted of killing Patricia Hirt, his wife's
sister, and Lori Ward, a motel clerk in Maine, during a 15-day spree.
The following is a look back at the victims.
Dawn Marie Garvin, 20, Army secretary and
accounting student at Harford Community College. Killed Nov. 1,
1987, in her White Marsh, Md., apartment.
Patricia A. Hirt, 43, Johns Hopkins Hospital
administrative secretary, found in a ditch beside White Marsh
Boulevard in White Marsh, Md., on Nov. 16, 1987. She was a sister of
Oken's wife.
Lori Ward, 25, of Portsmouth, N.H., motel clerk
and student at University of New Hampshire, found Nov. 16, 1987, at
the Coachman Motor Inn in Kittery, Maine.
Mother Of Steven Oken Speaks Out: "We’ve been to
hell and back."
The New Abolitionist
Davida Oken is the mother of Steven Oken, a
Maryland death row prisoner who had an execution date set for early
March, but won a stay. She talked to John Coursey about her fight
for her son’s life.
What is it like having a son on death row?
Having a son on death row is the hardest thing
I’ve ever had to face. Sometimes you think that you’re dreaming and
you’ll wake up from this horrible nightmare. It’s impossible to
convey the pain and fear that our family faces at this time, except
to say that I hope no mother ever has to go through what we are
going through right now.
I’ve learned to appreciate every day that I can
share with Steve. Every visit with Steve and every phone call is a
bonus to me. My family and I have had to reassess our priorities.
There are many ups and downs -- every hearing and appeal can either
make you happy or very sad.
When Steven received his stay of execution from
the Maryland Court of Appeals, I felt that a tremendous weight had
been lifted from me. The feeling of gloom disappeared and I felt
hope, even though it may be temporary. I hope that the Supreme Court
will hear his case and realize that there are many problems with the
death penalty in Maryland and in the United States.
Maryland is in the midst of a big debate over
whether to continue executions. From your experience, what would you
tell Marylanders about their state’s death penalty system?
The Maryland Court of Appeals has stated that "the
legislature needs to look into new sentencing guidelines in issuing
a death penalty." The death penalty in Maryland is now based on a
preponderance of evidence rather than absolute certainty -- beyond a
reasonable doubt -- to kill a human being. Stronger standards are
used to turn off a person’s electricity than to give a death penalty
in Maryland.
Additionally, Steven was serving a life without
parole sentence in Maine before he was given the death penalty in
Maryland. We believe that the first sentence should have been
carried out before he can serve this death penalty sentence in
Maryland. This was strictly a political move by the governor of
Maryland.
Also, the governor has ordered a study to look
into the administration of the death penalty in the state, and this
study isn’t over until late into this year. Why are the prosecutors
so anxious to kill without seeing the results of the study?
Where do you find hope in the fight for your
son’s life?
I look for hope for Steven in the Supreme Court’s
decision on the applicability of the Apprendi ruling on death
penalty cases showing violations of due process.
I also believe that the pain of the victims’
family will not be addressed by Steven’s execution. Why do we have
to face yet another murder, this time by the state of Maryland? What
will this heal? Certainly it won’t bring the victim back, but it
will make me and my family new victims.
We’ve been to hell and back -- what about our
healing? If there wasn’t a death penalty, we would have healed, and
so would the families of the victim, 14 years ago.
The Jewish Times
Steven Oken smiles and rolls his eyes. A few
fleeting hours before the start of Passover, he contorts his large,
bulky frame like a question mark to enable a correctional officer to
unlock the heavy metal handcuffs that bind his wrists behind his
back. He seems embarrassed and mildly annoyed with the amount of
time required to unshackle him. Rubbing his elbows and massive
forearms, he shakes his head and sits on a concrete stool. "Hey," he
says from behind an ultra-thick plate glass window, running his
fingers through his close-cropped, prematurely graying hair. "Happy
Pesach."
If Steven Oken has made teshuvah (repentence) for
brutally murdering three women, should he still be executed?
Taken aback, I simply say, "Thanks," and pause
for a moment. "You, too." I study his round, smooth, well-shaven
face carefully, as I have during all of our meetings over the past
four years in visitation rooms like this one at the Maryland
Correctional Adjustment Center, also known as Supermax prison in
downtown Baltimore. It's a face I've known for nearly a quarter-century,
since our days as schoolmates at Randallstown Senior High, Class of
'80.
It might sound cliche but even then, something
seemed different, perhaps inscrutable, about Oken. Maybe it was that
smile, which really could be described as more of a kind of smirk,
connoting a wise guy demeanor. Or those intense bluish-gray eyes
that suggested a mixture of self-assurance and restlessness. "There
was always a bit of an oddness about him," a childhood buddy of
Oken's once told me, sounding like virtually anyone who's ever
personally known a convicted killer.
Still, everyone — relatives, friends, former
classmates, acquaintances — agrees he was basically your average
suburban Jewish kid growing up in a tight-knit, hard-working, decent
middle-class family that gave him lots of love and attention. Good
grades, plenty of A-list friends, Pep Club member, strong athlete,
cheerleader girlfriend, well-liked among teachers, attended temple,
helped out at his parents' pharmacy.
"Lots of kids have tendencies where they might
take the wrong road, but Steve wasn't one of them," Lincoln Bogart,
Oken's varsity lacrosse coach at Randallstown, told me back in 1987.
"There was nothing abnormal about him. As far as a sex maniac
killer, I never saw it. He was a nice guy and got A's in all my
classes."
Oh, he got into a little mischief, here and
there. Some partying with pals. A few wild weekends. But no
on-the-fringe, alienated, disgruntled, prone-to-violent-outbursts
loner reminiscent of the Columbine killers or some type of deranged
Unabomber figure. Nor was he an impressionable Timothy McVeigh
ideologue in search of a cause and possible martyrdom. Just your
average Jewish kid. But something went wrong. Terribly wrong. And
not even Steven Oken himself is sure why. Jewish kids from
Pikesville aren't supposed to sexually abuse, terrorize and murder
women. But this one did — three of them.
Through the battered white speaker box mounted on
the faded concrete wall, I barely hear Oken's voice above a din of
clanging metal and shouting coming from the other side. We're
exchanging grins and pleasantries, but he stops for a moment until
the noise subsides. He still looks like the guy you share a beer or
off-color joke with, but his face is somehow different this morning.
A little older, more somber, maybe paler. He's wearing a green
prison-issued jumpsuit, rather than his usual solid-colored shorts
and T-shirt.
I immediately remind him that today — unlike our
other meetings of schmoozing about old friends, current events,
family news, his myriad appeals and frustrations with the prison
system — we're finally going to talk, for the first time, about his
case and the unspeakable, incomprehensible crimes he committed more
than a decade ago. Up to now, it's been friendly, off-the-record
chats between a pair of acquaintances who remember each other from
their high school and college days. Now, it's a no-holds-barred
interview.
He nods quietly, nervously, wringing his hands,
knowing he's journeying into an area he hates to visit and rarely
does, except within the solitude of his own mind and conscience, or
maybe on occasion with legal counsel. It's a place he hates more
than the hellhole of a home, also known as cell No. 34, that he
landed for himself in the bowels of Supermax.
And he seems to hate it even more than the fate
that could await him. "There are no excuses for what I've done,"
says Oken, 39. "And I can't begin to imagine the suffering, the cost
of what I've done to these people. It's a terrible thing I did."
In a community that prides itself on producing
what's considered the best in society, Steven Oken is generally
thought of as an aberration, an anomaly. He is a Jew on Death Row,
one of eight to 10 in the United States, according to the Aleph
Institute, HOPE-HOWSE International and Jewish Prisoner Services
International, all organizations that offer assistance to an
estimated 4,000 Jewish inmates.
Oken is also one of 13 inmates — and the only Jew
— on Maryland's Death Row. More than 13 years following his capture
and incarceration — after pleading guilty to committing murder and
being sentenced to life without parole in Maine, extradited to
Maryland, sentenced to death by lethal injection by a Baltimore
County jury in January 1991, and countless appeals on the federal
and state levels — Oken remains on Death Row, trying desperately to
stay alive.
Living in an 8-by-8-foot cell with only an hour
of outside time per day, Oken — known by the state as no. 212-612 —
can understand why some people might be perplexed by his resolve to
evade execution. But he says his reasons are selfless. "I want to
live for my family," he says. "They're also victims of what I've
done. And if I'm executed, they'll be victims again. That's why I'm
fighting this fight.
"Also, I think there's a lot of lessons to be
learned from the past — what I did to get me here. Young people
today, a lot of them are on drugs, alcohol abuse. I think a lot of
people, myself included, can still contribute to society and talk to
young people about the dangers of drug abuse. "I'm a good example of
the worst thing that can happen to somebody when under the
influence."
In the aftermath of the defeat of legislation
proposing a two-year moratorium on executions in Maryland, Oken
bought some extra time — at least several months — to fight his
sentence as the Court of Appeals agreed two weeks ago to consider
his appeal on constitutional issues. The case probably will not be
heard until this fall.
As a result, Baltimore County State's Attorney
Sandra O'Connor said last week that she would not seek a death
warrant for Oken. Thirteen prominent local and national religious
leaders — including Rabbi Mark G. Loeb of Pikesville's Beth El
Congregation — have called on Gov. Parris N. Glendening to halt
executions for two years.
"All of this has been more difficult for my
family than it has been for me," Oken says about the roller coaster
ride of legal and political maneuverings involving his case in
recent months. "But I have a good feeling for how things will
probably go."
Their names were Dawn Marie Garvin, Patricia
Antoinette Hirt and Lori Elizabeth Ward.
Over a 15-day period in November 1987, Steven
Howard Oken sexually assaulted, tortured and murdered these three
young women. He characterizes that time as a turbulent period in his
life in which he was grappling with severe drug and alcohol abuse,
marital difficulties, financial and business concerns, and a self-described
void or depression in his soul that he's never been able to
adequately identify or reconcile. "I can't point to one thing that
made this happen. I think I was trying to run from something," Oken
says. "I don't know if run is even the right word. I just didn't
want to deal with everything."
Oken, who had attended the University of
Maryland, Baltimore County, was 25 and co-owned his family's Rexall
Pharmacy near Johns Hopkins Hospital, where he worked as a clerk.
His wife of a year, Phyllis, was away on business, near Seattle,
during that time. The Okens, who did not have children and have
since divorced, were planning a vacation in the Virgin Islands the
following month.
But at the same time, Oken — who says he first
experimented with marijuana while attending Old Court Junior High
School — notes that he spent much of the period prior to the murders
drinking heavily and taking cocaine, halcyon, Zanax and prescription
drugs from his family's pharmacy. "I was depressed. I don't think I
really appreciated what was happening. And instead of dealing with
problems that came up, I found a way to escape. Drugs were what I
was all about," he says.
Despite his track record, Oken — knowing how
incredible this sounds coming from someone on Death Row — doesn't
consider himself a violent person. "I know how I was brought up and
the values my parents instilled in me, that taking someone's life is
just horrendous," he says. "I've been a quiet, soft-spoken person
all my life. Growing up, I didn't get into a lot of fights. I wasn't
really confrontational. "If I was in my right mind, this wouldn't
have happened. I don't want that to sound like an excuse. But before
this happened, I didn't ever have a desire to physically hurt
someone. People tell my parents it was completely out of character,
and I agree with that."
According to published reports, Oken's first
victim, Garvin, a 20-year-old newlywed, was found Nov. 2 shot in the
head and sexually assaulted in her third-floor White Marsh
apartment, four blocks from his modest, two-bedroom townhouse on
Stillwood Circle. Her husband, who was in the U.S. Navy, had just
returned to his base in Norfolk, Va. Neighbors in Garvin's Lincoln
Woods complex reported that an apparently intoxicated man matching
Oken's description had been knocking on doors the previous evening,
claiming alternately to be a Baltimore County police officer, a
physician whose pager went off, a stranded motorist needing
assistance and a boyfriend who'd been kicked out of his house.
Hirt's nude body was found on the morning of Nov.
16 in a ditch beside White Marsh Boulevard. She had also been shot
in the head, as well as strangled. The previous day, Hirt, 43, a
Hamilton resident who was the sister of Oken's wife, had gone over
to his house to drop off a camera. After receiving a missing
person's report and finding her body, police searched Oken's home
and found blood stains, signs of struggle, some of Hirt's clothing
and the .25-caliber automatic pistol used to kill Garvin.
After stealing Hirt's 1979 white Ford Mustang,
Oken drove to Kittery, Maine, and registered at the Coachman Motor
Inn, using his real name and address. Hours later, Ward, a
25-year-old clerk at the motel who lived in Portsmouth, N.H., was
found fatally shot in the head, bruised and sexually assaulted in an
anteroom behind the front desk. More than $300 was missing from the
cash register.
Oken, who knew the area well from vacationing
there, subsequently drove 65 miles north to the Freeport Inn in the
Maine coastal town of Freeport. The motel's manager, having heard a
radio report about Ward's murder and a description of the Mustang,
identified the car and called authorities.
After speaking on the phone with negotiators for
a few minutes, Oken yelled, "I'm coming out, don't shoot," exited
Room 215 unarmed and surrendered peacefully to Maine State Police
Nov. 17 after more than 20 officers and tactical units surrounded
the motel. Police found an AR-15 semi-automatic rifle and a
.380-caliber automatic pistol, the one used to kill Hirt and Ward,
in the blood-stained car.
Discovered in Oken's motel room in Freeport were
wads of cash, a blood-stained surgeon's smock, a half-empty bottle
of vodka and two pieces of nylon cord. He told police he had "a bad
drug problem" and couldn't recall anything about the previous 24
hours. According to court records, Oken had been seeing a
psychiatrist for about six months prior to the murders. Also, on
Nov. 9, a week after Garvin's murder, Oken had received probation
before judgment and was given one year of supervised probation for a
case in which he was arrested Oct. 13 for punching and trying to
sexually assault an East Baltimore hotel desk clerk. He was fined
and ordered to undergo alcohol and drug treatment.
"Steven Oken thought he was above God, and he
destroyed the lives of so many people," says Fred Romano, Dawn
Garvin's brother. "People who do what he did can't be helped. He
raped my sister in a horrible manner and got a kick out of it, and
then he shot her twice in the head and killed her. That's how my
father found her. "I don't care if he's Jewish or Arabic or what. If
he goes to God and God forgives him, so be it. But as long as he's
dead. Eventually, he's going to pay for what he did. He needs to
accept his judgment and die for his crime. He should suffer."
Pausing for a moment to catch his breath, Romano, a former Marine,
adds, "Let Steven Oken know I'm not going anywhere until he's dead.
I won't rest."
Davida Oken paces around her tastefully decorated
living room, talking on a cordless phone. In what's become a daily
ritual, she's just accepted a collect call from her son on Death Row
and is talking about the chances for a moratorium on executions.
Her tone, while for the most part controlled,
occasionally borders on frantic. Mrs. Oken, who has become
well-acquainted with state legislators and anti-death penalty
groups, is a mother trying desperately to save her son's life. "Our
life is a living hell, as far as constantly worrying about what will
happen to him," Mrs. Oken, a soft-spoken woman with short hair and a
round face, says in almost a whisper. "It's like a tremendous veil
is put over your life. Not a day goes by when you don't think about
him and pray he's going to live."
Her husband, David, a silver-haired man with
horn-rimmed glasses and an easy smile, takes it a step further.
"It's taken a big chunk of our lives and put it down the toilet," he
says. "Over the years, it's been a drain."
Both Baltimore natives, the Okens — who asked
that the whereabouts of their home not be identified in this article
— speak hesitantly to me at first. Since my initial correspondence
by mail with Steven in December of 1992, they've been reticent about
generating more publicity regarding the case.
But it seems that as Oken's possible execution
has drawn closer, they changed their minds, perhaps as a last
measure for clemency, a final effort to set the record straight and
get their views across. "The death penalty doesn't solve anything,"
Mrs. Oken tells me. "It doesn't prevent murders or save money. It's
all about retribution. But why must another family suffer? We're
victims, too. Why do my children and grandchildren have to suffer
murder from the state? Living in the rat hole Steven lives in is
punishment enough for any human being."
The Okens proudly point to their other two
children, both of whom are younger than Steven and involved in the
medical profession, as "proof in the pudding" of their strong
parenting skills. And they insist that Steven was always a good kid
who never got into any serious trouble or run-ins. "He had a
religious, moral upbringing," Mrs. Oken says, smiling. "He was a
wonderful little boy, a happy-go-lucky child, carefree, just perfect,
very obedient. He's the sunshine of my life. He was in the Boy
Scouts, a Little Leaguer, you know? It was just the luck of the draw.
Something went wrong, somewhere."
Mr. Oken, though, tries not to soft-pedal things.
"He was always a little more mischievous than most," he says of his
son as a youngster. "He always wanted to go a little further than he
should. He could push the envelope a little. ... He was more
aggressive, more willing ... to walk the thin line between right and
wrong, what he should or shouldn't do. He always thought he could do
a little more, stay out a little later."
But the Okens say they've still never quite
figured out what — besides possibly drugs — really turned their son
into a cold-blooded killer. And it's a subject they've never dared
broach with Steven himself during their countless visits and talks.
In some ways, it seems that it's something they've emotionally
compartmentalized, separating Oken and his homicidal spree from the
boy they raised and loved, as well as from the young man they've
visited in prisons for the past 13 years.
"I've sort of let the 'why' go because ... why
isn't important enough for me to hurt. And I don't want to hurt,"
Mr. Oken says. His wife cuts him off. "There is no 'why,'" she says.
"He doesn't know why. He does not know. It's like another person.
... But I think he's a kinder and gentler person today. He's become
more serious, more caring. He's matured."
Going down for their weekly visits to Supermax —
a parent's nightmare if there ever was one — has become a routine
matter, they say, although some things they'll never get used to. "We
haven't touched him in five or six years. [Before,] I could hold his
hand, I could kiss him," Mrs. Oken says. "But it just becomes a way
of life. You do what you have to do. It's better than the
alternative. He makes me feel good. I adore him. At least I know
he's living."
Says Mr. Oken, partially to himself: "It's a
consequence of his actions. These are the consequences he has to
live with. I just wish some people could understand that life in
prison, particularly the way he is imprisoned, is a terrible
punishment. Life in prison can be as severe as the death penalty."
The Okens, who adopted Steven when he was 2 days
old and arranged for his conversion to Judaism shortly afterward,
suspect that his insecurities about being adopted may have played a
role in his descent into substance abuse, particularly during high
school. "In his teen years, he often said to me, 'You don't know
what it's like not to know where you come from,'" recalls Mrs. Oken.
"He was trying to research his birth mother, never successful. And
it breaks my heart because I wish I could help him. And when his
wife began traveling [prior to the murders], I just think he felt
like somebody else abandoned him."
At this point in the conversation, Mr. Oken adds,
with his voice breaking, "We're not biological. There's a difference
here that I can't understand. I guess you have to be the person
who's adopted. I'd think about it and say to myself, 'Who cares?
I've got two people here who love me.'" Lost in her thoughts, Mrs.
Oken acknowledges that most adopted people are law-abiding citizens.
"I just think some people handle it better than others, like other
things. If I knew the answer," she says, with her voice trailing
off.
Oken himself agrees with his parents that being
adopted might've contributed to his penchant for drug
experimentation, but he rejects the notion that it might've led to
the murders. "Being adopted is hard," he says, "but I don't think it
had anything to do with what happened. I think anyone who was
adopted has to have that little place in their heart and mind —
where did I come from? What's important is I have a family. They've
always been there for me. I can't begin to say how much I love
them," he says, struggling to keep his composure.
Furthermore, he scoffs at the tendency among some
Jews to dismiss his unusual status as a Jewish serial
rapist/murderer merely because he wasn't born Jewish. Accept it or
not, he says, he is a Jew, regardless of his ethnic or genetic
makeup. "I don't think that makes any difference," Oken says during
the only slightly testy moment of our 80-minute interview. "I grew
up Jewish and lived in a Jewish house. When I was 8 days old, I had
a bris. My Hebrew name is Shimon Hirsch. I'm Jewish, period."
Like many inmates, Oken, who became a bar mitzvah
at Baltimore Hebrew Congregation, has become progressively more
religiously observant since his incarceration. The Jewish Big
Brother/Big Sister League has been involved with Oken since his
extradition to Maryland in 1990, and the agency's executive
director, Louis H. Jacobs, personally meets with him on a monthly
basis. In its prison outreach program, the league visits and
maintains contact with 177 inmates across Maryland.
"We're not close buddies. I don't think he thinks
of me as among his most private confidants," Mr. Jacobs says of
Oken. "Our conversations are usually fairly superficial. He's a
well-defended guy. He has a cloud hanging over his head, so there's
a place that's very sensitive. But I enjoy my time with him, being
with him. He's engaging, bright, thoughtful."
Mr. Jacobs finds that most people in the Jewish
community are unfamiliar with Oken's case and are "floored" to learn
of a local Jew on Death Row. "There's a morbid curiosity," Mr.
Jacobs says. "My parents always want to know about it and why the
agency reaches out to him, or if it affects my personal feelings
about the issue." Moishe Davids, a league volunteer, also meets with
Oken once a month. Since 1997, Mr. Davids, who belongs to the Bais
Lubavitch Congregation, has provided religious books, commentaries
on weekly Torah portions, holiday packages and spiritual instruction
to Oken. During one of their meetings a couple of years ago, Mr.
Davids, a retired probation officer, brought a pair of tefillin, or
phylacteries. "I showed him how to put them on," he says. "Of course,
at Supermax you can't have physical contact so I showed him through
the window, with a telephone propped on my shoulder, and then I gave
the tefillin to a guard to give to Steve on the other side. He got
the hang of it."
For Mr. Davids, Oken is a soul to reach, a Jewish
heart and mind to win over, languishing in one of the most remote
and terrifying places imaginable. And he's had some success. "He's
undergone a religious transformation," says Mr. Davids, who lives in
Park Heights. "There's definitely been a change in his Jewish
outlook and commitment to Judaism and the Jewish people. He now
fasts on all of the fast days and observes the major holidays, and
he reads articles and books [on Judaism] and asks me to discuss them.
He's a smart fellow."
Despite the heinous nature of Oken's crimes, Mr.
Davids says he feels no apprehension or moral quandary about
visiting with him. Oken, he says, is not a monster or a demon but a
lost Jew. And he turns to the Torah and its emphasis on compassion
and non-judgmentalism for guidance. "We're taught that a Jew is a
Jew even if he sins. That's the Jewish way," Mr. Davids says.
"Mitzvahs are not always easy to do. This is a hard mitzvah. I
understand it's difficult for some people to separate sins from the
sinner. But I can't ignore him because of the crimes he's convicted
of."
Oken, who says he now puts on tefillin just about
every day, describes Mr. Davids' visits as nothing short of
life-changing. The tone of his voice perks up and his eyes glow when
discussing his blossoming interest in Judaism. "I'd never heard the
word HaShem growing up," he says. "We celebrated the High Holidays,
Passover and Purim, but I never knew there was a fast day before
Purim, or about the Ninth of Av or the Fast of Gedaliah or the 17th
of Tammuz. "I try to do as much as I can," Oken says. "I consider
myself now a spiritual person. It calms me and brings peace to me.
It makes me feel like there's a purpose."
And becoming a more observant Jew, he says, has
helped him deal better with the actions of his past. "I hurt a lot
of people," he says, staring at the floor, "and I pray they forgive
me — for themselves, to get some peace. I've done teshuva [repentance].
I've admitted I did it, recognizing this is a horrible act and I'm
responsible for it. I have this awful feeling about what I did. "But
it's not just what I did against people," Oken says, barely audibly,
"but what I did against God."
A soft evening rain falls on the roof as Davida
Oken glances at a table full of framed family photographs, including
one of Steven standing on a balcony with the ocean in the
background. She thinks it was at Bethany Beach, a few months before
the murders. He's grinning, holding a rolled-up newspaper, looking
like he doesn't have a worry in the world, wearing a navy blue
sweatshirt and jeans.
It's a nice memory, she says, the kind that keeps
her going. But other memories make her seethe. "Almost the first day
[after Oken was arrested], I was in Pikesville and someone I've
known since high school came up to me and said, 'Didn't you ever
teach your son that you don't do things like that?'" she recalls.
"What do you say to a stupid, ignorant person like that? For someone
to say something that stupid is unbelievable."
The Okens, who are former longtime congregants of
Baltimore Hebrew, say that type of disregard for them has been a
hallmark of the Jewish community's behavior toward their family
since the slayings. In conversation, they can barely contain their
bitterness toward the community — individuals and as a whole — for
failing to provide virtually any emotional, spiritual or political
support to them or their son.
Over the years, they've called and sent scores of
letters to rabbis and other Jewish communal leaders, particularly
those who've publicly stated their opposition to capital punishment.
They say few have responded. Interestingly, the Catholic church,
particularly Archbishop William H. Keeler, has been in touch
frequently to offer encouragement. "I thought the Jewish people were
a brotherhood. I don't feel that way now," says Ms. Oken. "I needed
someone to help us handle this. When you reach out to your leaders
and they turn a cold shoulder, you have to wonder what it's all
about."
Oken himself is more disappointed in his old
friends' unwillingness to visit or keep in touch. "I don't think
people want to be bothered. Maybe they can't deal with it," he says.
"But I think if the shoe was on the other foot, I would've kept in
touch. I feel let down." As far as the organized community is
concerned, "I don't care for myself but for my family. They were
members of Baltimore Hebrew for many years," he says. "I don't know
if it's politics or what."
Lou Jacobs, of Jewish Big Brother /Big Sister,
agrees with the Okens' assessment of the community, even though he
acknowledges that Jews are as divided about the death penalty as the
rest of America. Last fall, he sent a form letter to more than 40
area rabbis to inform them about Oken's situation, and to suggest
using the case as a means of creating dialogue about capital
punishment in their congregations.
He was shocked when he received only a few
responses, including one from a rabbi who was "indignant" that Mr.
Jacobs advocated discussions about the death penalty merely because
a Jew was on Death Row. "Shouldn't the Okens feel they're getting
support from somewhere, or do they have to live with this black mark
forever? The community institutions and leaders haven't been there
for them," Mr. Jacobs says. He attributes it to a tendency among
Jews to avoid viewing themselves in an unflattering light.
"We don't think the Jewish community has a
substance abuse problem or domestic violence. We think we're immune
to those problems, whether because of genes or conditioning," he
says. "But a Jew could be executed in Maryland, and one way or
another our community will have to make a decision about this."
However, the Oken matter is simply not a Jewish
issue and that's why the case has received scant attention from the
community, counters Arthur C. Abramson, executive director of the
Baltimore Jewish Council. "He's an individual who committed
atrocious crimes, was found guilty and happens to be Jewish, but it
had nothing to do with his ethnic or religious beliefs," says Mr.
Abramson, whose agency supported the moratorium bill.
Rabbi Donald R. Berlin is one of the community
leaders to whom the Okens wrote a letter requesting assistance. The
former spiritual leader of Temple Oheb Shalom, who has publicly
criticized the death penalty, admits that he never responded,
largely because he wasn't really sure what to do with this matter.
But he says he also felt the Okens were
specifically seeking his involvement in the campaign for their son's
clemency, something he didn't feel comfortable doing since "the
crime was so horrific." "I understand why they feel abandoned. This
must be excruciatingly painful for them. Their child is in trouble,"
he says. "But they seemed only to want a rabbi who'd intervene for
their cause. I had no major reason to get involved. ... The death
penalty is wrong. But I wouldn't want to come to his defense.
Because he's Jewish?"
When he was contacted by the Okens, Baltimore
Hebrew's Rabbi Rex D. Perlmeter delegated the matter to an associate
rabbi who met with them about a month ago. "I don't have a personal
history with them," he says, noting that he sent a "letter of
concern" about the case to the governor's office.
But in retrospect, Rabbi Perlmeter says he
could've handled the situation better, and that embarrassment played
a role. "When I see someone in these circumstances, I feel a sense
of shame and sorrow that this has happened to a member of the Jewish
community," he says. "If I had to do it again, I think I would've
read between the lines and provided comfort for them." That's
exactly what Rabbi Jacob A. Max, of Moses Montefiore-Anshe Emunah
Hebrew Congregation, has tried to do. After being contacted by a
mutual friend, Rabbi Max visited recently with the Okens and Steven.
He has also written a letter to the governor requesting that Oken be
returned to Maine to complete his life sentence.
Rabbi Max says he can understand why many of his
colleagues and others in the Jewish community don't want to deal
with the Oken case. "Our people used to be convicted for white-collar
crimes, not violent crimes. But a Jewish guy on Death Row? It's a
new creature of its type. The community doesn't know how to handle
it," he says.
But the rabbi feels people must rise above it,
especially for a fellow Jew. "He's still a person, created in the
image of God until the very end," he says. "The act he did was
monstrous, but he's not a monster. He still has a neshamah, a soul."
Unlike most of us, Steven Oken doesn't look at
capital punishment from a theoretical point of view. It's something
real, vibrant, immediate, an organism that shares his cell with him,
along with his sink, toilet, shelves, TV, stacks of books and
magazines, and concrete slab with a mattress. "Look at the company this country is in — China, Saudi Arabia, Pakistan,
Iraq, Iran, Afghanistan," he says. "This is a country that executes
children and the mentally retarded. And it's not fairly applied.
Nobody on Death Row in Maryland is here because they killed a black
person, and the vast majority of homicides in this state are
black-on-black. It just doesn't address the situation, and it's
unfair."
Unfair like the fate of his three victims, their
families, and that of his own parents and siblings. Oken says he
thinks about his victims every day of his life. It's a pain that's
beyond words, he says, knowing how hypocritical and insensitive that
might sound. But he appears to really mean it — at least from this
side of the window. "It's something you can never block out of your
mind," Oken says. "You wake up every morning and you're here, and
you know why you're here — you took lives, the pain you gave their
families, all the happiness you took from them."
At this point in the interview, he studies his
large folded hands. He pauses and begins to mumble. It's apparent
he's no longer talking to me but to a few unseen forces that seem to
be crowding the tiny visitation room. "I just want to be clear that
I did this. Not the drugs, it was me. I can't express how sorry I
am. There are no words."
Maybe Steven Oken is someone who learned too late
during his time on earth about the preciousness of life — that of
his own and others. While his victims lost their lives, so did he,
to a certain extent. His is now an existence, spent from moment to
moment trying to maintain his sanity by reading books and working on
appeals. For all intents and purposes, he ceased being alive,
stopped being a functioning human being, the moment he lured Dawn
Garvin into her apartment that chilly November night and proceeded
to torture and kill her.
He knows there are those who would like to do the
same to him, who feel that death by lethal injection is simply not
good enough. But that, he points out, will still not rectify the
actions that forever concluded his life as a member of society, at
the age of 25.
And so he presses on, to stay alive, to keep
moving. As an armed guard wearing a bulletproof vest arrives to
inform us that our time is almost up, Oken and I stare at each other
for what seems a long time. Without saying a word, he reminds me
that he comes from the same place I do, with the same values and
ethics and belief system and culture that permeated the lives and
times we once shared. And it makes me shudder when I look at my
reflection in the window and beyond, at Oken. "I was brought up to
care about people and respect them," he insists, still sounding like
a nice Jewish boy from the old neighborhood. "I just think I'm
basically a good person who's done terrible, terrible things."
And when the guard returns and begins to place
handcuffs on Oken and usher him away, he waves and again wishes me a
happy Passover.
Oken v. State, 612
A.2d 258 (Md.,1992) (Direct Appeal).
Jury convicted defendant of first-degree murder
as well as other offenses and sentenced defendant to death following
trial in the Circuit Court, Baltimore County, James T. Smith, Jr.,
J. Defendant appealed. The Court of Appeals, Karwacki, J., held that:
(1) defendant waived right to testify at criminal responsibility
hearing; (2) emergency justifying warrantless search of defendant's
home; (3) defendant lacked standing to challenge warrantless search
of motel room; (4) FBI agent could testify as expert; (5) evidence
was insufficient to support burglary conviction; (6) evidence
supported first- degree sexual offense conviction; (7) closing
arguments concerning defendant's demeanor at trial did not require
reversal; and (8) death sentence was neither excessive nor
disproportionate. Burglary conviction reversed and all other
judgments affirmed. McAuliffe, J., concurred in part, dissented in
part, and filed opinion in which Murphy, C.J., and Rodowsky, J.,
joined. Robert M. Bell, J., concurred in part, dissented in part,
and filed opinion.
KARWACKI, Judge.
On January 18, 1991, a jury in the Circuit Court for Baltimore
County convicted the appellant, Stephen Howard Oken, of the first
degree murder of Dawn Garvin, of a first degree sexual offense upon
Ms. Garvin, of burglary, and of the use of a handgun in the
commission of a crime of violence. Having previously entered a plea
of not criminally responsible and having been granted a bifurcated
hearing on the issues of guilt or innocence and criminal
responsibility, Oken elected to have the court decide whether or not
he was criminally responsible. On January 22, 1991, the court found
Oken to be criminally responsible.
The sentencing for Oken's guilt
of first degree murder was held before the same jury on January 24
and 25, 1991. The jury sentenced Oken to death. The trial judge
subsequently imposed sentences of life imprisonment for the first
degree sexual offense, a consecutive term of twenty years for the
burglary, and a consecutive term of twenty years for the use of a
handgun in the commission of a crime of violence. Oken has appealed
those judgments. We begin by reciting the facts surrounding Dawn
Garvin's murder.
At midnight on Sunday, November 1, 1987, Keith
Douglas Garvin arrived at the United States Navy base in Oceana,
Virginia. Mr. Garvin, who had a pass from his naval superiors, had
just spent the weekend with his wife, Dawn Garvin, at their
apartment in the Baltimore County community of White Marsh and was
returning to his station in Oceana. Upon his arrival at the base, Mr.
Garvin attempted to call his wife to notify her that he had arrived
safely. Although the telephone rang at their White Marsh apartment,
there was no answer.
After making several additional unsuccessful
attempts to call his wife, Mr. Garvin became worried and telephoned
his father-in-law, Frederick Joseph Romano. Because Mr. Romano lived
in close proximity to the Garvins' apartment, Mr. Garvin asked Mr.
Romano to check on his wife. Mr. Romano agreed, and attempted to
telephone his daughter twice. Both times there was no answer.
Concerned about the fact that numerous calls to his daughter had
gone unanswered, Mr. Romano decided to drive to his daughter's
apartment.
When Mr. Romano arrived at his daughter's
apartment, he found the front door to the apartment ajar, all the
lights in the apartment turned on, and the television blaring.
Sensing that something was wrong, Mr. Romano rushed into the
apartment and found his daughter, Dawn, in the bedroom lying on the
bed nude with a bottle protruding from her vagina. While attempting
to give her cardiopulmonary resuscitation ("CPR"), Mr. Romano
observed that there was blood streaming from her forehead. He
immediately called for assistance, and paramedics arrived shortly
thereafter. A paramedic then began to administer CPR, but his
efforts were in vain. Dawn Marie Garvin was dead.
At 2:30 a.m., on November 2, Detective James
Roeder of the Baltimore County Police Department arrived at the
Garvins' apartment to inspect the scene of the murder. Detective
Roeder testified that when he entered the Garvins' apartment he saw
no signs of forced entry. Once inside, he observed a brassiere, a
pair of pants, tennis shoes, a shirt, and a sweater on the floor
near the sofa in the living room. The brassiere was not unhooked,
but instead, was ripped on the side.
The pants were turned inside
out. Roeder also noticed a small piece of rubber on the floor near
the television set. In the bedroom, Roeder found two spent .25
caliber shell casings on the bed, one of which was lying on top of a
shirt. The shirt was blood stained and had what Roeder believed to
be a bullet hole in it.
An autopsy of Ms. Garvin's body revealed that she
had died as the result of two contact gunshot wounds; one of the
bullets entered at her left eyebrow and the other at her right ear.
The last person to see Dawn Garvin before she was fatally attacked
was her brother, Frederick Anthony Romano.
At 8:30 p.m. on November
1, Mr. Romano stopped by his sister's apartment to pick up a set of
keys to Keith Garvin's car. Mr. Garvin had left the car at the White
Marsh apartment so that it could be repaired during the week. Mr.
Romano only stayed at his sister's apartment for about five minutes.
When he left the apartment, Ms. Garvin was preparing to walk her
dog. We will state additional facts as necessary in addressing the
several contentions of the appellant.
* * * *
The victim died as a result of two gunshot wounds
to the head. The jury found as an aggravating factor that Oken
committed the murder while committing or attempting to commit a
first degree sexual offense. With respect to the statutory
mitigating circumstances, the jury was not able to unanimously agree
that any existed. Nevertheless, one or more of the jurors, but fewer
than all 12, did find the following mitigating circumstances to
exist: "1) Fact of an existing life sentence 2) sexual sadism 3)
substance abuse"
Our review of similar cases reveals that death
sentences have been imposed in a number of cases where the
aggravating circumstance of the murder was that the defendant
committed it while committing or attempting to commit a sexual
offense in the first degree upon the victim. Considering Oken and
the heinous nature of his crime, we conclude that the death sentence
was neither excessive nor disproportionate. We are also satisfied
that his death sentence was not imposed under the influence of
passion, prejudice or any arbitrary factors. Md.Code, (1957, 1992
Repl.Vol.), Art. 27, § 414(e)(1) CONVICTION AND SENTENCE FOR
BURGLARY REVERSED; ALL OTHER JUDGMENTS AFFIRMED.
Oken v. State, 681
A.2d 30 (Md.,1996) (PCR).
Defendant was convicted in the Circuit Court,
Baltimore County, James T. Smith, J., of first-degree murder, first-degree
sexual offense, burglary and using handgun in crime of violence, and
sentenced to death. Following affirmance of first-degree murder,
sexual offense, and handgun violation convictions and sentences, and
reversal of burglary conviction by the Court of Appeals, 327 Md.
628, 612 A.2d 258, the Circuit Court, Dana M. Levitz, J., denied
defendant's petition for postconviction relief. Defendant appealed.
The Court of Appeals, Raker, J., held that: (1) defendant waived
various issues by not raising them on direct appeal, and (2) counsel
was not ineffective. Affirmed. Robert M. Bell, J., filed dissenting
opinion.
RAKER, Judge.
Steven Howard Oken was found guilty by a Baltimore County jury of
first degree murder, first degree sexual offense, burglary and the
use of a handgun in a crime of violence. The same jury sentenced him
to death. On direct appeal, this Court affirmed the convictions and
the sentences for the first degree murder, the sexual offenses and
the handgun violation. Oken v. State, 327 Md. 628, 612 A.2d 258
(1992), cert. denied, 507 U.S. 931, 113 S.Ct. 1312, 122 L.Ed.2d 700
(1993). We reversed the burglary conviction on the grounds of
insufficiency of evidence. Id.
Oken filed a petition for post-conviction relief
pursuant to Maryland Code (1957, 1992 Repl. Vol., 1995 Supp.) Art.
27, § 645A-J, the Uniform Post- Conviction Procedure Act. [FN1]
After an evidentiary hearing, Judge Dana Levitz of the Circuit Court
for Baltimore County filed a well-reasoned opinion and order denying
post-conviction relief. We granted Oken's application for leave to
appeal. We shall affirm.
On November 1, 1987, Oken sexually assaulted and
murdered Dawn Garvin at her home in Baltimore County. The facts that
led to Oken's conviction and sentence were set out in Oken I:
At midnight on Sunday, November 1, 1987, Keith
Douglas Garvin arrived at the United States Navy base in Oceana,
Virginia. Mr. Garvin, who had a pass from his naval superiors, had
just spent the weekend with his wife, Dawn Garvin, at their
apartment in the Baltimore County community of White Marsh and was
returning to his station in Oceana. Upon his arrival at the base, Mr.
Garvin attempted to call his wife to notify her that he had arrived
safely. Although the telephone rang at their White Marsh apartment,
there was no answer.
After making several additional unsuccessful
attempts to call his wife, Mr. Garvin became worried and telephoned
his father-in-law, Frederick Joseph Romano. Because Mr. Romano lived
in close proximity to the Garvins' apartment, Mr. Garvin asked Mr.
Romano to check on his wife. Mr. Romano agreed, and attempted to
telephone his daughter twice. Both times there was no answer.
Concerned about the fact that numerous calls to his daughter had
gone unanswered, Mr. Romano decided to drive to his daughter's
apartment.
When Mr. Romano arrived at his daughter's
apartment, he found the front door to the apartment ajar, all the
lights in the apartment turned on, and the television blaring.
Sensing that something was wrong, Mr. Romano rushed into the
apartment and found his daughter, Dawn, in the bedroom lying on the
bed nude with a bottle protruding from her vagina. While attempting
to give her cardiopulmonary resuscitation ("CPR"), Mr. Romano
observed that there was blood streaming from her forehead. He
immediately called for assistance, and paramedics arrived shortly
thereafter. A paramedic then began to administer CPR, but his
efforts were in vain. Dawn Marie Garvin was dead.
At 2:30 a.m., on November 2, Detective James
Roeder of the Baltimore County Police Department arrived at the
Garvins' apartment to inspect the scene of the murder. Detective
Roeder testified that when he entered the Garvins' apartment he saw
no signs of forced entry. Once inside, he observed a brassiere, a
pair of pants, tennis shoes, a shirt, and a sweater on the floor
near the sofa in the living room. The brassiere was not unhooked,
but instead, was ripped on the side.
The pants were turned inside
out. Roeder also noticed a small piece of rubber on the floor near
the television set. In the bedroom, Roeder found two spent .25
caliber shell casings on the bed, one of which was lying on top of a
shirt. The shirt was blood stained and had what Roeder believed to
be a bullet hole in it.
An autopsy of Ms. Garvin's body revealed that she
had died as the result of two contact gunshot wounds; one of the
bullets entered at her left eyebrow and the other at her right ear.
327 Md. at 634-35, 612 A.2d at 261.
Less than two weeks after Oken murdered Dawn
Garvin, he sexually assaulted and murdered his sister-in-law,
Patricia Hirt, at his Maryland home. He then fled Maryland for
Maine, where he murdered Lori Ward, the desk clerk at his Maine
hotel. He was arrested in Maine on November 17, 1987, and was
ultimately convicted in Maine for first degree murder, robbery with
a firearm, and theft arising out of the Ward homicide. [FN2] See
State v. Oken, 569 A.2d 1218 (Me.), cert. denied, 498 U.S. 818, 111
S.Ct. 62, 112 L.Ed.2d 36 (1990).
FN2. The Maryland presentence investigation
report indicated that in Maine, Oken was sentenced to life without
parole on the murder charge, twenty years on the robbery charge, and
five years on the theft charge, all sentences to run concurrently.
Oken was returned to Maryland where he faced
separate prosecutions for charges arising out of the Garvin and Hirt
homicides. He was indicted in the Circuit Court for Baltimore County
in the Garvin case for first degree murder, sexual offenses,
burglary, daytime housebreaking, robbery with a dangerous or deadly
weapon, theft, and a handgun violation.
The State notified Oken of
its intent to seek the death penalty and advised him that as
aggravating circumstances, it intended to establish that (1) the
defendant committed the murder in the first degree of Dawn Garvin
while committing or attempting to commit a first degree sex offense
upon Dawn Garvin, and (2) the defendant committed the murder of Dawn
Garvin in the first degree while committing or attempting to commit
robbery of Dawn Garvin. See Art. 27, § 412(b). Oken entered pleas of
not guilty and not criminally responsible. See Maryland Code (1982,
1994 Repl. Vol., 1995 Supp.) § 12-109 of the Health-General Article;
Maryland Rule 4-242 . At the trial, Oken was represented by defense
counsel, Benjamin Lipsitz.
The State's evidence as to criminal agency was
very strong. The murder weapon, a handgun, was found in Oken's home
shortly after the murder and a rubber portion of Oken's tennis shoe
was found in Dawn Garvin's living room on the night of the murder.
In addition, several witnesses at trial identified Oken as the
person in the neighborhood who had attempted to gain entry to
residences in the vicinity of the Garvin home a few days prior to
the murder.
On January 18, 1991, a jury in the Circuit Court
for Baltimore County found Oken guilty of murder in the first degree
(on theories of felony murder and premeditated murder), first degree
sexual offense, burglary, and use of a handgun in a crime of
violence. The jury acquitted Oken of the robbery charge. Pursuant to
Maryland Rule 4-314, Oken elected a court trial on the issue of
criminal responsibility. Judge James Smith concluded that Oken was
criminally responsible.
A capital sentencing proceeding commenced on
January 24, 1991 before the same jury that determined Petitioner's
guilt. The State incorporated all the testimony and evidence from
the guilt/innocence phase. The verdict sheet indicated that one or
more of the jurors, but fewer than all twelve, found as mitigating
circumstances "(1) fact of life sentence, (2) sexual sadism, and (3)
substance abuse." On January 25, the jury unanimously determined the
sentence to be death. On the remaining counts, Judge Smith imposed a
sentence of life imprisonment for the first degree sexual offense,
and consecutive terms of twenty years each for the burglary and the
handgun violation. [FN3] This post-conviction proceeding reviews
only the Baltimore County proceedings relating to the murder of Dawn
Garvin. Additional facts will be recounted as necessary in our
discussion of the issues raised by Oken in this appeal.
FN3. Following Oken's conviction in this case, he
pled guilty to the murder of Patricia Hirt. See Oken v. State, 327
Md. 628, 644 n. 4, 612 A.2d 258, 266 n. 4 (1992), cert. denied, 507
U.S. 931, 113 S.Ct. 1312, 122 L.Ed.2d 700 (1993) .
For the reasons given above, the petition for
post-conviction relief was properly denied. JUDGMENT OF THE CIRCUIT
COURT FOR BALTIMORE COUNTY AFFIRMED.
Oken v. State, 835
A.2d 1105 (Md.,2003) (Motion to Correct
erroneaous Sentence).
Defendant was convicted in the Circuit Court,
Baltimore County, James T. Smith, Jr., J., of first-degree murder
and burglary and was sentenced to death. Defendant appealed. The
Court of Appeals, Karwacki, J., 327 Md. 628, 612 A.2d 258, affirmed
murder conviction and reversed burglary conviction. Defendant filed
motion to correct illegal sentence or motion for resentencing. The
Circuit Court, Baltimore County, John Grason Turnbull, II, J.,
denied the motion. Defendant appealed and filed motion for stay of
execution. The Court of Appeals granted the stay. The Court of
Appeals, Harrell, J., held that: (1) the death penalty statute
permitting court or jury to determine whether aggravating
circumstances outweigh mitigating circumstances does not violate
Sixth Amendment right to jury trial since the United States Supreme
Court's decision in Ring v. Arizona is inapplicable; (2) it complies
with due process; and (3) the weighing of aggravating and mitigating
circumstances before imposing the death penalty does not involve
fact finding and, therefore, is not subject to requirement of jury
determination beyond a reasonable doubt if the finding increases the
maximum penalty. Affirmed. Raker, J., dissented and filed opinion
joined by Bell, C.J., and Eldridge, J.
Oken v. Corcoran, 220
F.3d 259 (4th Cir. 2000)
After his convictions for murder and first degree
sexual offense and his death sentence were affirmed on direct
appeal, 327 Md. 628, 612 A.2d 258, petitioner sought federal habeas
corpus relief. The United States District Court for the District of
Maryland, Peter J. Messitte, J., 64 F.Supp.2d 488, denied petition.
Petitioner appealed. The Court of Appeals, Luttig, Circuit Judge,
held that: (1) petitioner procedurally defaulted challenge to trial
court's voir dire of prospective jurors; (2) voir dire questions
propounded to prospective jurors were sufficient to identify any
jurors who had predetermined whether to impose death penalty; (3)
petitioner was not entitled to testify during criminal
responsibility phase of trial without have his testimony used
against him during sentencing phase; (4) evidence supported
conviction for first-degree sexual offense, and (5) trial counsel
did not render constitutionally deficient assistance. Affirmed.
Michael, Circuit Judge, concurred in part and concurred in the
judgment and filed a separate opinion.
LUTTIG, Circuit Judge:
Petitioner-appellant Steven Howard Oken, a Maryland inmate under
sentence of death, appeals from the district court's denial of his
application under 28 U.S.C. § 2254 for a writ of habeas corpus. Oken
claims, inter alia, that the state trial court's voir dire questions
were constitutionally inadequate under Morgan v. Illinois, 504 U.S.
719, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992), and that he surrendered
his right to testify at the criminal responsibility phase of his
trial in reliance on advice from the trial court that was erroneous
under Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d
1247 (1968). Because we conclude that the district court correctly
upheld the Maryland Court of Appeals' rejection of these and other
claims advanced by Oken, we affirm the district court's judgment
denying Oken's petition for a writ of habeas corpus.
Oken was sentenced to death in 1991 by a
Baltimore County jury for the murder of Dawn Garvin. [FN1] Four
years earlier, Garvin's naked corpse had been found by her father in
the bedroom of her apartment, with two contact gunshot wounds to her
head and a bottle protruding from her vagina. A .25 caliber handgun
seized from Oken's bedroom was later determined to be the murder
weapon, and a piece of rubber recovered from the crime scene was
traced to Oken's tennis shoes.
Moreover, several of Garvin's
neighbors identified Oken as the person who had attempted to gain
entry to their residences under various false pretenses a few days
prior to Garvin's murder. On direct review, the Maryland Court of
Appeals affirmed Oken's convictions for first degree murder and
first degree sexual offense, as well as his sentence of death, but
reversed his conviction and sentence for burglary. [FN2] See Oken v.
State, 327 Md. 628, 612 A.2d 258, 283 (1992), cert. denied, 507 U.S.
931, 113 S.Ct. 1312, 122 L.Ed.2d 700 (1993).
On state collateral
review, the Maryland Court of Appeals again rejected Oken's
challenges to his conviction and sentence, affirming the lower
court's denial of Oken's petition for post-conviction relief. See
Oken v. State, 343 Md. 256, 681 A.2d 30, 53 (1996), cert. denied,
519 U.S. 1079, 117 S.Ct. 742, 136 L.Ed.2d 681 (1997). Oken then
filed an application for a writ of habeas corpus in federal district
court, pursuant to 28 U.S.C. § 2254. The district court denied
Oken's application for a writ of habeas corpus and subsequently
denied his motion for reconsideration.
FN1. Oken was separately convicted of murdering
his sister-in-law, Patricia Hirt, as well as a motel clerk in Maine,
Lori Ward.
FN2. Oken's former conviction and sentence for
burglary, set aside on direct appeal, are not at issue in this case.
* * * *
Even Oken's own expert testified on cross-examination
during the sentencing phase: I was told by Mr. Oken that he
approached the victim outside the apartment, asked if he could use
the phone, made his way into her apartment, looked about, shut the
door, took out a gun and asked that she get undressed. He asked her
to begin masturbating. He masturbated. At the same time he then
asked her to get up and perform oral sex on him.
He then pushed her
back. He got on top of her, he tried to have intercourse, he did
this in different positions, including anal sex. He got up at some
point, went into the kitchen, brought back a bottle, Durkee's hot
sauce bottle, which he said he inserted into her vagina. He made her
take the bottle in and out. He was masturbating at the same time. He
became angry because he couldn't reach climax and then he killed her.
Oken I, 612 A.2d at 279; see also J.A. 772-73.
Thus, the jury had
before it an overwhelming amount of evidence of the aggravating
circumstance of the first degree sexual offense to outweigh both the
mitigating evidence which was introduced at trial and that which
Oken now contends should have been introduced.
CONCLUSION: The judgment of the district court
denying Steven Howard Oken's petition for a writ of habeas corpus is
hereby affirmed. AFFIRMED |
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