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Jackson v. State6/30/1998
Appellant, Larry Kenneth Jackson, was charged with first degree malice murder in violation of 21 O.S.1991, Section 701.7, in the District Court of Oklahoma County, Case No. CF-94-6070. The State filed a Bill of Particulars alleging three aggravating circumstances. A jury trial was held before the Honorable Daniel L. Owens, District Judge. The jury found Jackson guilty of first degree murder and found the existence of two aggravating circumstances: that the murder was especially heinous, atrocious, or cruel and that Jackson was previously convicted of a felony involving the use or threat of violence to the person. Jackson was sentenced to death. From this Judgment and Sentence Jackson has perfected his appeal.
I. FACTS
Jackson and Wendy Cade had an ongoing relationship while Jackson was incarcerated at Joseph Harp Correctional Institution. Jackson believed that they would be married when he was released from prison. Cade was engaged to Victor Dizer and was attempting to change the relationship she had with Jackson.
Jackson was assigned on a work detail installing furniture for Oklahoma State Industries at the Jim Thorpe building in Oklahoma City. Cade went to the Jim Thorpe building where Jackson was working on September 6, 1994. They left together in Cade's Jeep Cherokee at about 10:00 a.m. According to Jackson, they were arguing about their relationship. Jackson left with the tools he was using, which included a utility knife. Shortly thereafter, Jackson was discovered missing and the Department of Corrections placed Jackson on escape status.
Jackson and Cade first stopped at a convenience store at 23rd and Broadway where Jackson purchased a quart of beer and cigarettes. Jackson said that Cade went across the street to a liquor store and bought a "fifth" of some type of alcoholic beverage. They then drove to Martha Gulley's house (Cade's mother) where Cade dropped off her 4 year old daughter.
After that, they drove around for some time north of the Oklahoma City metropolitan area. Around noon they stopped and bought chicken at a Kentucky Fried Chicken restaurant. They then went to a Motel 6 at N.E. 122nd and I-35.
At the motel , they checked into a room, ate their chicken and had intercourse. After that, according to Jackson they began fighting and he "blimped" out due to being either intoxicated or angry. Jackson left the motel in Cade's Jeep and got as far as the entrance ramp to the Turner Turnpike, just north of 122nd and I-35, where he had an accident, disabling the Jeep. Later that day, at about 3:30 p.m., the Jeep was found by a highway patrol trooper.
Jackson next remembered waking up in a field. Jackson hitched a ride to the Ambassador Court apartments at 1634 South Phillips where he believed his sister worked. Arriving there at about 6:00 to 6:30 p.m., he was unable to find his sister, but he did find a woman, Dorothy Leffette, who allowed him to stay at her apartment.
On September 7, 1994, at around 9:00 a.m. Victor Dizer and Martha Gulley, Cade's fiance and mother, went to the area where the Jeep was found in order to search for Cade. They went to the Motel 6 at N.E. 122 and I-35 and learned that Cade had rented a room. The police were notified and upon checking the room, they found Cade's nude body lying against the bed. Cade's throat had been slashed and the entire bathroom floor was covered with blood; however, very little blood was on Cade's body. Cade had over thirty slash/stab wounds. Cause of death was determined to be the deep incised wound to her throat which severed both jugular veins. The utility knife, wrapped in a wash cloth, was found stuck between the mattress and bo
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