3 Discussion Questions, 3 Student Reponses, Journal Entry and 2 Short Assignments

From the Case File He Hit Her Until She Fell . . . and That Was Just the Beginning It was a cold Super Bowl Sunday on January 26, 2003, in Milwaukee, Wisconsin. Jackie Lawer and her friends1 were having a party. Jackie was twenty-four and worked as a bartender at a popular restaurant and tavern in Milwaukee. She had a lot of friends and knew a lot of people. She was typically happy and enjoyed life, and this particular Sunday was no different. The usual crowd was at the party—mostly people who worked together at the restaurant. As the game ended and the party came to end, one of Jackie’s friends, Patrick Hubbart, twenty-two, agreed to give Jackie a ride home. Patrick wasn’t her boyfriend; they were just good friends. They joked and laughed as they rode to Jackie’s apartment building on the trendy east side of the city. It was about 2:30 a.m. when the pair pulled up in front of the building. Jackie and Patrick said good night, and Jackie hurried to the front door of the apartment building. Patrick watched as Jackie walked up the front sidewalk of the building toward the front door. As he drove off, he saw Jackie approach the door. He then did a U-turn and again drove past the front door of the building. He could no longer see Jackie, so he assumed she made it safely into the building. Patrick then headed home to get a little sleep. He had to take his parents to the airport in just a few hours. Just before 8:00 a.m. on January 27, the Milwaukee Police Department received a phone call from a citizen who reported a body lying in his backyard. Officer Sanchez responded to the location, as did Detective Olson. As written in Detective Olson’s report, [t]he human body was face down just off of and east of the alley pavement at the rear of 2471 N. Palmer. The body was located just south of a foundation wall that runs west to east from the alley along the probable north property line of 2471 N. Palmer for almost 20 feet. The victim’s head was in a northeast direction just south of the wall and at the base of a tree six feet east of the alley pavement. The victim’s feet extended in a southwest direction toward the alley. It could not be immediately determined if the person was male or female, as the upper torso had a bloody yellow jacket pulled up the body and over the head. The lower torso of the body was nude except for a sock that was on one of the feet. Milwaukee Fire Department arrived and began resuscitation efforts on the body just after PO Sanchez arrived. While this was done, PO Sanchez taped off the scene to prevent scene contamination. PO Sanchez indicated that as the Fire Department personnel attended to the victim, they removed the bloody yellow jacket from the victim’s body and moved it to the south of the body. Firefighter Irrizary found a driver’s license in the lower, left front coat pocket of the bloody yellow jacket and gave the ID to PO Sanchez. The victim’s body was then conveyed from the scene by the MFD to St. Mary’s Hospital. The driver’s license belonged to Jackie Lawer. She had a faint pulse and a core temperature of 81°F. The outside temperature was 4°F. Doctors at the hospital reported to the attending detectives that Jackie had severe injuries and lacerations to the back of her head. Jackie died on January 27, 2003, at 3:45 p.m. Investigators collected numerous items of possible evidence in the area where the body was found. There was so much trash in the area that investigators were uncertain if any or all of the items actually related to the crime. Investigators collected the clothing that was removed from the body by the fire department. They also found and collected from the immediate vicinity what appeared to be a towel with blood on it, three used condoms, five keys on a key ring, an unopened pack of Marlboro Ultra Light cigarettes (from the pocket of the victim’s yellow jacket), blood from the grass where the victim was found, a partial wrapper for fudge chocolate chip cookies, an ATM slip, an envelope, a broken flashlight, and the victim’s ID. While investigators were collecting the evidence where the body was discovered, other detectives went to the address listed on the victim’s ID with hopes of contacting and notifying friends or relatives. As these detectives approached the apartment building where Jackie lived, they found a large amount of blood near the door of the building, with a blood trail leading to and ending in the street in front of the building. Also near the door was a hamburger still in its wrapper. The area in front of the building and the street were secured, and a neighborhood canvass was conducted by officers. None of the twenty-four people who lived in and around the apartment building had seen or heard anything the night before. When one of Jackie’s neighbors was asked by the police if she had noticed the blood on the front stoop of the building, she said she had seen it as she left the building in the morning but had thought someone dropped a red slushy on the steps. The attendant who was working the previous night at a nearby gas station was also questioned. He reported that someone matching Jackie’s description had entered the store at about 3:45 a.m. Upon checking the cash register receipts and the video surveillance, police confirmed this person was indeed Jackie, and she had purchased a pack of cigarettes and a hamburger. The surveillance video showed several people entering the store before Jackie, and several entered after she left; investigators wondered if any of these people were responsible for her murder.

Photo 10.1 The area in which the victim was found. Notice her yellow jacket and numerous other items at the scene.

Photo 10.2 A close-up of the victim’s bloody jacket and other items.

While the police were inside Jackie’s apartment, the phone rang. An officer answered it, and the caller was Patrick. Investigators told Patrick that Jackie was in the hospital and they needed to talk to him. Upon being questioned, Patrick told the police about the party and that he had given Jackie a ride home and dropped her off at about 2:30 a.m. He denied doing any harm to Jackie. He stated that he did not have a romantic or intimate relationship with Jackie and had no reason to do any harm to her. Patrick gave the police the names of the other people at the party, and investigators contacted them as well. Patrick was of special interest because as far as the police knew, he was the last one to see Jackie alive. He also had what appeared to be some scratches on his body and a cigarette burn on his face. While searching Jackie’s apartment, investigators found pieces of paper with boys’ names and phone numbers on them. They also heard from Jackie’s friends that Jackie had recently been concerned someone had entered her apartment and put pennies in her bathtub. On another occasion she told her friends she thought someone was in her apartment while she was taking a shower. Investigators were still most interested in Patrick. He was the prime suspect—really the only suspect. At the very least, they figured the perpetrator was most likely someone that Jackie knew. Patrick agreed to a physical forensic exam and the collection of DNA. He also agreed to have his apartment, his vehicle, and his parents’ house searched. Investigators found nothing that linked him to Jackie’s murder.

On January 28 an autopsy was conducted on the victim by Dr. Mainland. The autopsy was witnessed by Detective Valuch. As stated in Detective Valuch’s report,

Dr. Mainland examined the victim prior to the autopsy and observed the following injuries. Victim had a 7/8” long laceration behind her left ear. There was a laceration to her right ear lobe. There were abrasions to her right buttocks and the back of her right leg and also on the back of the victim’s right bicep. Dr. Mainland believes that these abrasions were what she described as drag marks. Dr. Mainland observed blunt force trauma to the victim’s head, specifically there was a contusion and laceration to the back of the victim’s head. There were two contusions and lacerations to the back of the victim’s right side of her head and one to the top of the head. At the conclusion of the autopsy, Dr. Mainland stated that the cause of death was due to blunt force trauma, specifically head injuries. Dr. Mainland stated the victim was struck in the head at least six times and probably more like eight or nine times.

Photo 10.3 A close-up of blood splatter on the tile and concrete near the front door of the victim’s apartment building.

Photo 10.4 The front entrance of the victim’s apartment building. Notice the blood at the approach to the front door. Marker #8 indicates the hamburger still in its wrapper. The other markers indicate bloodstains.

Photo 10.5 A wide view of the front of Jackie Lawer’s apartment building secured with crime scene tape.

Photo 10.6 The front of the victim’s apartment building with crime scene markers indicating bloodstains.

On Wednesday January 29, Dr. Mainland again examined the victim for any bruising, which may have shown itself overnight. Dr. Mainland noticed what she described as extensive bruising to both of the victim’s hands, specifically the back of the hands. Dr. Mainland noted extensive bruising on the victim’s right palm and on both of the victim’s forearms. Dr. Mainland described this bruising as being defensive wounds. Dr. Mainland also noticed what appeared to be a bite mark at the victim’s right breast, specifically at the nipple area. Dr. Johnson, a forensic odontologist, confirmed what he believed to be a human bite mark to the victim’s right nipple area.

In putting the pieces of the incident together, the police reasoned that Jackie had been dropped off at her apartment and had entered the building. About an hour later she had left her apartment building to go to the corner gas station to get cigarettes and a hamburger. As she made her way back to her building and approached the front door, someone hit her over the head with a blunt object. Her body was then taken to the street (which would account for the blood found on the street) and placed in a vehicle that was then used to transport her to where she was eventually found. Although investigators believed they knew what had happened, they had no idea who did it or why. Little did they know that by the end of the next day, Friday, January 31, they would have both the killer and a confession.

On the morning of January 31, five days after the homicide occurred, the police received a phone call. The man identified himself as Tyrone Harris and said he was a friend of a woman named Jennifer Mohammed. Harris explained he was a barber and that about a month ago, Jennifer came into the barbershop with her son to get a haircut. After this visit he and Jennifer became friends. Harris said that on January 28, Jennifer called him at the barbershop and asked him if he had heard about that girl getting killed. Harris told her that he had but did not know any of the details. Jennifer then told Harris that her boyfriend had committed the crime. According to Harris, Jennifer said her boyfriend had not meant to do it, that he was under the influence of alcohol at the time. Jennifer continued to tell Harris about the details of the incident. According to the police report, she stated that “he took her clothes off to get rid of some of the blood and that he was partially nude because he took off his clothes because of the blood.” Jennifer also told Harris that her boyfriend had said he was going to take the victim to the hospital because of her injuries but that he never did. She also said that her boyfriend had gotten $11 from the victim because he robbed her.

This sounded like specific, credible, and believable information to the detectives. With the information in hand, the next step was to talk to Jennifer Mohammad. Later in the morning on January 31 the police located Jennifer at her home, interviewed her briefly, and transported her to the police department for a more detailed interview. On the way to the police station, Jennifer led detectives to where her boyfriend’s vehicle, a blue 1987 Dodge Ram pickup truck, was located. Arrangements were made to tow the vehicle so a search of it could be conducted by crime lab personnel.

During her interviews with the detectives, Jennifer told them that her boyfriend, Kimani Ward, slept in the basement of her house. She explained that on January 26, Super Bowl Sunday, Ward had left the residence at about 3:00 p.m., stating that he was going to “take care of some business and sit with his friends in the bar.” He drove his blue pickup truck. The next day at about 5:30 a.m., she went into the basement, and Ward was not there. She left the house and returned about 9:00 a.m. Ward was then home. She asked him why he had gotten home so late, and he replied that he “was on the east side.” She told the police that this led to an argument between her and Ward, and then Ward left the house. Later on Monday, at about 4:00 p.m., Ward came back home and told Jennifer he needed a stiff drink and to change his life. She noticed something seemed to be the matter with him because he was shaking and sad. Ward asked Jennifer, “Are you ready for this?” He explained that he had seen a girl on the east side and thought she had some money. He told Jennifer that he was in his truck and snuck up behind the girl and hit her in the head with a crowbar. Jennifer also said that Ward told her that he didn’t mean to use a lot of force. Jennifer asked him how much he had gotten from the girl and he responded $11, which he said he had used to put gas in his truck. He said that after he hit the girl, she had fallen down, so he picked her up and carried her to his truck and put her in the flatbed. Jennifer told detectives that Ward said he had considered taking her to a hospital, but he thought if he did he’d get in trouble. Jennifer also told the police that Ward had bought a newspaper because he said he wanted to know if the police had a suspect; she thought that was also strange because he never read the newspaper. He also told her that he had put bleach in the back of his truck and washed it. He had blood on his shoes and he had put bleach on those as well.

Shortly after Jennifer Mohammad was conveyed to the police station for questioning, other detectives located Ward at his residence and transported him to the police department for questioning as well. The following is the detailed statement provided by Ward, as written by Detective Gary Temp in police supplemental report 2–15:

On Friday January 31, 2003, at 11:30 a.m. in room 414 of the Criminal Investigation Bureau, I advised Kimani K. Ward of his Miranda rights in the presence of Detective Randy Olson. Ward states he understands his rights, is willing to waive them, answer questions, and make a statement.

Regarding the homicide of Jackie Lawer on 1-27-03 at 2423 E. Bellview Place, Ward states that he is responsible for Jackie’s death. Ward states he struck Jackie in the head with a tire iron while robbing her.

Ward states that on Sunday 1-26-03 he went to the Shortstop Inn on S. 19th and W. Lincoln Ave. Ward states he can’t remember what time he got there. Ward states that while at the tavern he had eight shots of vodka and five beers. Ward states he has friends at this tavern and is friends with the owner’s son. Ward states he left the tavern about 3:00 a.m. on Monday 1-27-03.

Ward states that when he left the tavern he drove his 1987 Dodge Ram pickup truck light blue/dark blue with Minnesota license plates to the east side of Milwaukee. Ward states that the reason he did this was that he was going to break into some cars because he needed some money.

Ward states that he first saw the victim (Jackie) walking away from the Citgo Gas station at Maryland and Farwell. Ward states he did not know the victim. Ward states the victim was walking alone. Ward states he then thought about robbing the victim because she probably had money on her because she just left the gas station. Ward states he figured the victim would have at least $40 on her. Ward states the victim was wearing a yellow coat with a hood and blue pants.

Ward states the victim walked north on N. Farwell to E. Bradford. Ward states he then drove his truck north on N. Maryland and turned and proceeded east on E. Bradford. Ward states he then turned south onto N. Downer Ave and parked his truck facing south in front of 2475 N. Downer Ave. Ward states he lost sight of the victim when he parked his truck.

Ward states that when he got out of his truck he took a “crow bar.” Ward described this crowbar as a star type tire wrench. Ward states the tire wrench has three sockets and one flat end. Ward states he walked west on the north side of E. Bradford. Ward states he then walked north in the 2500 block of N. Stowell. Ward states as he was walking he was looking into cars for something to steal.

Ward states that he was about mid-block when he saw the same white female walking by herself north in the 2600 block of N. Stowell. Ward states he ducked behind a car so the victim would not see him.

Ward states he started following the victim north on N. Stowell. Ward states he was about 15 feet behind the victim. Ward states he was deciding if he should rob the victim as he followed her. Ward states the victim turned and went west on E. Bellview Place. Ward states the victim walked up to the front door of an apartment building at 2423 E. Bellview Place.

Ward states he suddenly made up his mind that he would rob the victim. Ward states the victim was by the front door and he ran up on her. Ward states he ran up on the victim and began hitting her in the head with the “crow bar.” Ward states he was swinging the “crow bar” in an overhead motion downward toward the victim’s head. Ward stated he hit Jackie three or four times but it could have been more. Ward states Jackie never fought back. Ward states he hit the victim until she fell down.

Ward states that after the victim fell he saw she wasn’t moving. Ward states he then ran back to his truck. Ward states he saw blood on the victim’s hood at first. Ward states he ran the two or three blocks back to his truck.

Ward states he got in his truck, made a U-turn on N. Downer and drove back to 2423 E. Bellview Place. Ward states he parked his truck in the middle of the street facing west. Ward states he then got out of his truck and ran over to the victim who was lying in front of the front door of the apartment. Ward states there was a lot of blood by the victim and she wasn’t moving. Ward remembers her eyes being open.

Ward states he then dragged the victim to his truck. Ward states he grabbed the victim under the arms and dragged her to his truck. Ward states he lowered the tailgate of his truck and lifted the victim onto the truck-bed. Ward states he lifted the victim’s upper body onto the truck first and then swung her legs up onto the truck-bed. Ward states he then got up onto the truck-bed and pulled her the rest of the way in.

Ward then described to detectives where he had driven with the victim in the bed of the truck. He stated that he had stopped and pulled his truck over on the side of the road five different times, gotten out, and climbed into the truck bed to look at the victim. He stated that each time her eyes were open and she did not appear to be breathing. He stated that one of the times he stopped his truck it was near a hospital, and he looked at the emergency room and thought about dropping the victim off there. The report continued:

Ward states he eventually stopped his truck in an alley at the rear of 2471 N. Palmer St. He stated his truck was facing south in the alley. Ward states he got out of the truck and pulled the victim’s body off the bed of his truck. Ward states as he pulled the victim’s body off of the truck her pants and underwear got snagged and were pulled off. Ward states he then left the victim’s body behind 2471 N. Palmer St.

Ward then states that at this time he could see her vaginal area. Ward states the victim’s coat was pulled up and he could see her breasts. Ward states he thought to himself he had come this far he might as well have sex with her.

Ward states he put a rubber (condom) on. Ward states he then tried to place his penis into the victim’s vagina. Ward states that the victim was unconscious. Ward states he tried to have sex with the victim for about one minute but could not stay hard. Ward states during the sex act he may have bitten the victim’s breast. Ward remembers he was hard enough to “get in” (penetrate) the victim, but was having trouble staying hard so he stopped. Ward states he had sex with the victim because he remembers thinking that she died for nothing. Ward states he can’t remember what he did with the condom he used during the sex act.

Ward states he took the victim’s pants into the cab of the truck with him. Ward states he drove out of the alley and went back to North Ave. Ward states he began driving west. Ward states that when he was stopped at a traffic light he searched through the victim’s pants.

Ward states he took $11 out of one of the pants pockets. Ward states it was either two fives and a single or one five and six singles. Ward states he later used this money to put gas in his truck.

In the interrogation Ward then stated the various places he had driven and the location where he had gotten rid of the crowbar, the victim’s pants, and his K-Swiss shoes, coat, long underwear, and jogging pants. Ward stated he then went home and entered his house naked. He stated that later in the day he poured some bleach into the bed of his truck and then took the truck through a car wash in order to get the blood out of the bed. He said he then found a trash dumpster and threw out some old tires and other things that were in the truck bed. The report continued:

Ward states he did tell his girlfriend Jennifer about this incident. Ward states that he told Jennifer about the robbery and homicide. Ward states he didn’t tell Jennifer about the sex act. Ward states he didn’t tell Jennifer as many details as he told us.

Ward states he did agree to ride with us in a squad car and point out where everything occurred. Ward states he did show us where he got rid of the victim’s shoes, had sex with her and dumped her body. Ward states he also pointed out locations where he disposed of the crow bar, victim’s pants, and his own clothing.

Ward states he wants to tell the victim’s family he is sorry and he didn’t mean to hurt their daughter like that.

Ward states that the bag of women’s underwear found at his house he got when he has broken into cars. Ward states he has no idea why he kept the underwear.

Ward states he has never done anything like this before in his life. Ward states he still doesn’t know why he did this.

From 2:30 p.m. to 5:15 p.m. Ward was with us in squad 124 A driving around various locations in the city. At 3:40 p.m. Ward used the restroom at District 5 police station. At 4:30 p.m. at 4912 N. 108th St. (his residence) Ward used the restroom, brushed his teeth, and got a pair of shoes. Ward also changed into a sweater and left his coat and t-shirt at 4912 N. 108th St. Ward also said to his family members at that time “I fucked up, I’m sorry for bringing this to all of you.”

In room 414, Ward smoked freely, was given water, Coca Cola, two cheeseburgers and french fries. Ward also had a Sprite from McDonalds on E. North Ave, while with us in the squad car. In the squad car, Wards hands were handcuffed in the front of him. In room 414 Ward was not handcuffed. One break 5:50 p.m. to 6:30 p.m.

The entire statement was read to me by Detective Temp and is true and correct. (signed Kimani Ward) Ended 10:00 p.m.

As a result of the information provided by Ward regarding the disposal of clothing and other evidence in the crime, the following items were found, photographed, and collected:

· Two black slip-on shoes and one black fur-lined glove, believed to have belonged to the victim. One of the shoes had a visible blood smear on it.

· Two black leather K-Swiss shoes, which belonged to Kimani Ward.

· A black jacket and blue pants, which belonged to Ward. The pants contained a visible blood splatter on the right thigh area.

The search of the Ward’s truck revealed three areas in the truck bed near the tailgate where blood and hair evidence was located. Analyses conducted by the crime lab revealed that the DNA obtained from the blood on Ward’s pants and from the blood found in his truck matched that of Jackie Lawer. Another bloodstain in the truck came from an unknown male subject. Semen was not identified from any samples taken from the victim. The DNA obtained from the bite mark area on the victim contained DNA from at least three sources (possibly from the medical personnel who attended to the victim) and could not be matched to Ward.

Kimani Ward was sentenced to life in prison without the possibility of parole for the crimes he committed against Jackie Lawer.

Photo 10.7 The perpetrator’s pants, which he discarded before returning home. Notice the blood splatter on one of the pant legs; the blood was matched to the victim through DNA analysis.

Photo 10.8 The perpetrator’s truck, which was used to transport the victim after she had been attacked. The photo was taken after the truck had been impounded by the police.

Photo 10.9 A close-up photograph of the bed of the perpetrator’s truck. Notice the bloodstain that was found in the crack of the bed and tailgate. The blood was the victim’s.