Robert O. Marshall
Encyclopedia
Robert O. Marshall is a former Toms River, New Jersey
, businessman who in 1984 was charged with (and later convicted of) the contract killing
of his wife, Maria.
The case attracted the attention of true crime
author Joe McGinniss
, whose bestselling book on the Marshall case, Blind Faith
, was published in 1989. Blind Faith was adapted into an Emmy
-nominated 1990 TV miniseries
starring Robert Urich
and Joanna Kerns
.
In 2002, Marshall wrote the book Tunnel Vision: Trial & Error, in which he challenged the conclusions McGinniss drew in Blind Faith. While pointing out flaws in the judicial process he believed failed him, Marshall also alleged that his trial was contaminated by police misconduct
and compromised testimony
and evidence
.
from Harrah's
in Atlantic City
when they felt a vibration in one of the tires. When they pulled over at the Oyster Creek picnic area in Lacey Township
(which was closed at the time), he noticed the right rear tire was flat, which Marshall alleged was tampered with. He was then knocked unconscious by a blow to the back of his head, and approximately $1,500 worth of casino winnings was stolen. He alleged that he found his wife with two gunshot wounds, slain across the front seat.
After a police investigation, Marshall was arrested on December 19, 1984. The prosecution theorized that Marshall had hired two men to kill his wife so that he could collect on a $1.5 million insurance policy. He was later convicted of the murder-for-hire and sentenced to death by lethal injection
. Also arrested were 47 year-old Robert Cumber of Bossier City, Louisiana
, 49 year-old James Davis of Shreveport, Louisiana
and 42 year-old Billy Wayne McKinnon of Greenwood, Louisiana
, who was a former Caddo Parish, Louisiana
deputy officer.
in Tuckerton
, whom he told he wanted to "get rid of" his wife to use her insurance money to pay off his debt.
In 1972 the U.S. Supreme Court ruled that the death penalty
was being administered unconstitutionally across America. Death penalty states enacted new statutes to comply with the strictures of this decision, New Jersey acting in 1982. The first 26 murderers whose death sentence reached the New Jersey Supreme Court got their sentences vacated on one ground or another. Marshall's was the first to be affirmed by the state's High Court, on January 24, 1991. The vote affirming the conviction was 6 to 1, and to uphold the death penalty phase was 5 to 2. The court's opinion was lengthy, and found errors, particularly in the guilt phase of the trial which, however, were found to be harmless, meaning there was no reasonable chance they affected the jury's verdict. There were later post-conviction proceedings in the state courts, and the N.J. Supreme Court wrote opinions in three other proceedings, including a so-called "proportionality" review that compares the appellant's culpability with others in death penalty cases.
U.S. District Court Judge Joseph E. Irenas ruled on April 8, 2004 in Camden, New Jersey
that Marshall received ineffective assistance from his attorney during the death penalty phase of his trial. The 3rd Circuit Court of Appeals
upheld the decision on November 2, 2005. On March 20, 2006, the U.S. Supreme Court
declined to hear an appeal by the New Jersey Attorney General's Office
. On May 12, 2006, Prosecutor Thomas F. Kelaher declined to retry the death-penalty phase of the case, citing as reasons the difficulty in presenting evidence more than 20 years after the crime, and the probability of many more legal appeals should Marshall be sentenced to death again. With resentencing pending, Marshall faced a minimum of 30 years in prison (in which case he would have been released in 2014) and a maximum of life in prison with no possibility for release on parole
before serving 30 years.
On August 18, 2006, Marshall was resentenced to life in prison, with the possibility of parole in eight years. This will make Marshall, incarcerated since his arrest, eligible for parole in 2014. Until his removal from New Jersey’s death row, Marshall had been the longest-serving inmate there since the state reinstated the death penalty in 1982.
Toms River, New Jersey
Toms River is a census-designated place and unincorporated area located within Toms River Township and is the county seat of Ocean County, New Jersey. It is part of a larger Toms River Township...
, businessman who in 1984 was charged with (and later convicted of) the contract killing
Contract killing
Contract killing is a form of murder, in which one party hires another party to kill a target individual or group of people. It involves an illegal agreement between two parties in which one party agrees to kill the target in exchange for consideration, monetary, or otherwise. The hiring party may...
of his wife, Maria.
The case attracted the attention of true crime
True crime (genre)
True crime is a non-fiction literary and film genre in which the author examines an actual crime and details the actions of real people.The crimes most commonly include murder, but true crime works have also touched on other legal cases. Depending on the writer, true crime can adhere strictly to...
author Joe McGinniss
Joe McGinniss
Joe McGinniss is an American author of nonfiction and novels. He first came to prominence with the best-selling The Selling of the President, 1968 which described the marketing of then-presidential candidate Richard Nixon, and has authored 11 works since that time...
, whose bestselling book on the Marshall case, Blind Faith
Blind Faith (book)
Blind Faith is a bestselling 1989 true crime novel by Joe McGinniss, based on the 1984 case in which American businessman Robert O. Marshall was charged with the contract killing of his wife, Maria...
, was published in 1989. Blind Faith was adapted into an Emmy
Emmy Award
An Emmy Award, often referred to simply as the Emmy, is a television production award, similar in nature to the Peabody Awards but more focused on entertainment, and is considered the television equivalent to the Academy Awards and the Grammy Awards .A majority of Emmys are presented in various...
-nominated 1990 TV miniseries
Miniseries
A miniseries , in a serial storytelling medium, is a television show production which tells a story in a limited number of episodes. The exact number is open to interpretation; however, they are usually limited to fewer than a whole season. The term "miniseries" is generally a North American term...
starring Robert Urich
Robert Urich
Robert Urich was an American actor. He played the starring roles in the television series Vega$ and Spenser: For Hire...
and Joanna Kerns
Joanna Kerns
Joanna Kerns is an American actress and director best known for her role as Maggie Seaver on the family situation comedy Growing Pains from 1985-1992.-Early life:...
.
In 2002, Marshall wrote the book Tunnel Vision: Trial & Error, in which he challenged the conclusions McGinniss drew in Blind Faith. While pointing out flaws in the judicial process he believed failed him, Marshall also alleged that his trial was contaminated by police misconduct
Misconduct
A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts....
and compromised testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
and evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
.
Incident
On the night of September 7, 1984, Robert O. Marshall, an insurance broker and chairman of the Ocean County Chapter of the United Way fund, and his wife, Maria, were traveling north on the Garden State ParkwayGarden State Parkway
The Garden State Parkway is a 172.4-mile limited-access toll parkway that stretches the length of New Jersey from the New York line at Montvale, New Jersey, to Cape May at New Jersey's southernmost tip. Its name refers to New Jersey's nickname, the "Garden State." Most New Jersey residents refer...
from Harrah's
Harrah's Atlantic City
Harrah's Resort Atlantic City is a hotel and casino, located in the marina district of Atlantic City, New Jersey, and is Harrah's flagship casino.The casino is one of three in the marina district of the city, along with the Borgata and the Golden Nugget...
in Atlantic City
Atlantic City, New Jersey
Atlantic City is a city in Atlantic County, New Jersey, United States, and a nationally renowned resort city for gambling, shopping and fine dining. The city also served as the inspiration for the American version of the board game Monopoly. Atlantic City is located on Absecon Island on the coast...
when they felt a vibration in one of the tires. When they pulled over at the Oyster Creek picnic area in Lacey Township
Lacey Township, New Jersey
Lacey Township is a Township in Ocean County, New Jersey and is considered part of the Jersey Shore region. As of the United States 2010 Census, the township population had increased to a record high of 27,644...
(which was closed at the time), he noticed the right rear tire was flat, which Marshall alleged was tampered with. He was then knocked unconscious by a blow to the back of his head, and approximately $1,500 worth of casino winnings was stolen. He alleged that he found his wife with two gunshot wounds, slain across the front seat.
After a police investigation, Marshall was arrested on December 19, 1984. The prosecution theorized that Marshall had hired two men to kill his wife so that he could collect on a $1.5 million insurance policy. He was later convicted of the murder-for-hire and sentenced to death by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
. Also arrested were 47 year-old Robert Cumber of Bossier City, Louisiana
Bossier City, Louisiana
Bossier City is a city in Bossier Parish, Louisiana, United States.As of the 2010 Census, the city had a total population of 61,315. Bossier City is closely tied to its larger sister city Shreveport, located on the western bank of the Red River. The Shreveport-Bossier City metropolitan area is the...
, 49 year-old James Davis of Shreveport, Louisiana
Shreveport, Louisiana
Shreveport is the third largest city in Louisiana. It is the principal city of the fourth largest metropolitan area in the state of Louisiana and is the 109th-largest city in the United States....
and 42 year-old Billy Wayne McKinnon of Greenwood, Louisiana
Greenwood, Louisiana
Greenwood is a town in southern Caddo Parish, Louisiana, United States. The population was 2,458 at the 2000 census. It is part of the Shreveport-Bossier City Metropolitan Statistical Area.Greenwood was established in 1839...
, who was a former Caddo Parish, Louisiana
Caddo Parish, Louisiana
Caddo Parish is a parish located in the U.S. state of Louisiana. The parish seat is Shreveport; as of 2000, the population was 252,161...
deputy officer.
Trial
During the six-week trial, Marshall revealed that he was planning to leave his wife and had hired a private investigator to determine if Maria was consulting with a divorce lawyer, and to determine the whereabouts of over $15,000 of missing casino winnings. Marshall was involved in a 14-month affair with Saraan Kraushaar, a vice-principal at Pinelands Regional High SchoolPinelands Regional High School
Pinelands Regional High School is a three-year regional public high school that serves students from four communities in tenth through twelfth grade from Ocean County, New Jersey, operating as part of the Pinelands Regional School District, which serves students from Bass River Township,...
in Tuckerton
Tuckerton, New Jersey
Tuckerton is a Borough in Ocean County, New Jersey, named for founder Ebenezer Tucker , and was a port of entry, but not the third Port of Entry as commonly believed, in the United States As of the 2000 United States Census, the borough population was 3,517.Tuckerton was incorporated as a borough...
, whom he told he wanted to "get rid of" his wife to use her insurance money to pay off his debt.
In 1972 the U.S. Supreme Court ruled that the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
was being administered unconstitutionally across America. Death penalty states enacted new statutes to comply with the strictures of this decision, New Jersey acting in 1982. The first 26 murderers whose death sentence reached the New Jersey Supreme Court got their sentences vacated on one ground or another. Marshall's was the first to be affirmed by the state's High Court, on January 24, 1991. The vote affirming the conviction was 6 to 1, and to uphold the death penalty phase was 5 to 2. The court's opinion was lengthy, and found errors, particularly in the guilt phase of the trial which, however, were found to be harmless, meaning there was no reasonable chance they affected the jury's verdict. There were later post-conviction proceedings in the state courts, and the N.J. Supreme Court wrote opinions in three other proceedings, including a so-called "proportionality" review that compares the appellant's culpability with others in death penalty cases.
U.S. District Court Judge Joseph E. Irenas ruled on April 8, 2004 in Camden, New Jersey
Camden, New Jersey
The city of Camden is the county seat of Camden County, New Jersey. It is located across the Delaware River from Philadelphia, Pennsylvania. As of the 2010 United States Census, the city had a total population of 77,344...
that Marshall received ineffective assistance from his attorney during the death penalty phase of his trial. The 3rd Circuit Court of Appeals
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
upheld the decision on November 2, 2005. On March 20, 2006, the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
declined to hear an appeal by the New Jersey Attorney General's Office
New Jersey Attorney General
The Attorney General of New Jersey is a member of the executive cabinet of the state. The office is appointed by the Governor of New Jersey and term limited...
. On May 12, 2006, Prosecutor Thomas F. Kelaher declined to retry the death-penalty phase of the case, citing as reasons the difficulty in presenting evidence more than 20 years after the crime, and the probability of many more legal appeals should Marshall be sentenced to death again. With resentencing pending, Marshall faced a minimum of 30 years in prison (in which case he would have been released in 2014) and a maximum of life in prison with no possibility for release on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
before serving 30 years.
On August 18, 2006, Marshall was resentenced to life in prison, with the possibility of parole in eight years. This will make Marshall, incarcerated since his arrest, eligible for parole in 2014. Until his removal from New Jersey’s death row, Marshall had been the longest-serving inmate there since the state reinstated the death penalty in 1982.
See also
- Blind Faith for further details of the Marshall murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
trial - Tracey GoldTracey GoldTracey Gold is an American actress and former child star best known for playing Carol Seaver on the 1980s sitcom Growing Pains. In early 2009, she co-hosted with Fred Roggin on the live show GSN Live.-Early life:...
, an actress who is Marshall's daughter-in-law
External links
- http://topics.nytimes.com/top/reference/timestopics/people/m/robert_o_marshall/index.html