OK OK - Sharon Marshall, 20, multiple aliases, OKC, 1990 - ID'd as Suzanne Sevakis - #1

Discussion in 'Resolved Cold Cases' started by annemc2, Jul 31, 2005.

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  1. itsreenw

    itsreenw Well-Known Member

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    I found some court documents that have info I hadn't seen before. It would be nice to start a thread to post them so they are all in one place. Here's one:
    I highlighted the sections in yellow that I felt were informative 427 F.2d 63
    Franklin Delano FLOYD, Plaintiff-Appellant,
    v.
    UNITED STATES of America, Defendant-Appellee.

    No. 28721 Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    May 25, 1970.
    Joseph H. Davis, Macon, Ga., Franklin Delano Floyd, pro se, for plaintiff-appellant.
    William J. Schloth, U.S. Atty., Macon, Ga., D. L. Rampey, Jr., Asst. U.S. Atty., for defendant-appellee.
    Before JOHN R. BROWN, Chief Judge, and MORGAN and INGRAHAM, Circuit judges.
    PER CURIAM:
    In this appeal from a judgment denying Appellant relief under 28 U.S.C.A. 2255, the only issue presented is whether the District Court's finding that Appellant was mentally competent on
    Page 64
    July 12, 1963 to waive indictment and to plead guilty to a bank robbery charge is supported by sufficient evidence. We believe that it was so supported and affirm. 1
    This is the second appearance of this case here. In Floyd v. United States, 5 Cir., 1966, 365 F.2d 368, where the events, including his escape from a mental hospital and examination pursuant to 18 U.S.C.A. 4244, leading up to Floyd's plea of guilty to the bank robbery charge are set out, this Court remanded this case for a factual hearing. The conclusion that Floyd was competent reached by the District Court following that hearing, which was held on July 10, 1969, almost three years after remand, is what we review here.
    The tragic life of Franklin Delano Floyd is chronicled by the District Court. 2 And the product of this life is
    Page 65
    a young man whose ability to cope adequately with the world has been severely impaired. We do not here, however, review his mental accountability to do the act, robbery of the bank. Rather, we are concerned with his mental accountability to stand trial and to plead guilty. See Johnson v. United States, 5 Cir., 1965, 344 F.2d 401. But under the standards by which we must judge, Rees v. Peyton, 1966, 384 U.S. 312, 86 S.Ct. 1505, 16 L.Ed.2d 583; Dusky v. United States, 1960, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824, 3 we can not say that the District Court was clearly erroneous in its determination that Floyd was competent to stand trial. Cheely v. United States, 5 Cir., 1966, 367 F.2d 547; Stonecipher v. United States, 5 Cir., 1969, 409 F.2d 745.
    The District Court's findings were made after a full hearing at which Floyd was well represented by appointed counsel. Unlike the earlier consideration leading to our reversal, the Court acted on testimony and depositions, not merely on hospital and medical reports and records, although such reports were used.
    The majority of the testimony came from the physician, Dr. Craig, who was treating Floyd shortly before his escape from the mental hospital. His testimony was that Floyd was suffering from chronic, undifferentiated schizophrenia. Dr. Craig said Floyd had an intellectual understanding and appreciation of the events, but that he may have had a compulsion for punishment. He was unable to say whether Floyd was actually operating under compulsion, but believed this to be the most likely explanation for apparently irrational behavior. Thus, his testimony, the strongest for Appellant, does not require the conclusion that Appellant was incompetent.
    Moreover, the physician, Dr. Broucek, who examined Floyd pursuant to the 18
    Page 66
    U.S.C.A. 4244 proceeding indicated through reports that he did not believe Floyd was schizophrenic, but believed he was suffering from a less severe personality disorder. Dr. Broucek did not believe there were indications of a compulsive desire for punishment that impaired Floyd's ability to understand what was going on and to make a choice whether to plead guilty.
    From such evidence it was for the District Court to find the facts. And such findings can not be disturbed here.
    Affirmed.
    ---------------
    1 Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Co., 5 Cir., 1969, 417 F.2d 526, Part I.
    2 'Movant's life has been tragic and excites much sympathy. His father, an alcoholic, died when movant was one year old. The mother who had been abused by the father took to an immoral life. Movant and several of his four older brothers and sisters were placed in the Georgia Baptist Children's Home at Hapeville, Georgia. Thence he escaped at the age of 14 or 15 after receiving a whipping which he says he deserved. Then he was rejected by relatives at Bessemer, Alabama and Gainesville, Georgia. He then went to a sister in Sumter, North or South Carolina, and ran off after a few days when his brother-in-law tried to whip him. The Domestic Relations Judge there took him in and cared for him for four or five months. Then he found and joined his mother in Indianapolis, Indiana for two and a half weeks when she signed papers for him to join the Army and she then left with her paramour for parts unknown. He entered the service in June, 1959 and served in Missouri and Oklahoma for about six months, when he was discharged for being under age. He says he felt happy and secure while in the Army and that that was the only time in his life when he had some self-respect and a feeling of belonging to a worthwhile organization. After his discharge in December, 1959, he drifted to Indianapolis; where he had last seen his mother, and then to Philadelphia, New York, Miami, Atlanta, New Orleans, and finally to Los Angeles. He had to steal to eat. In February, 1960, after concealing himself in a Sears Roebuck store in Los Angeles until after closing hours and after preparing and eating some food, he attempted to open a gun showcase, thus triggering a burglar alarm. He shot at the police officer and the police officer shot him. He was committed to the Youth Institution at Preston, California from June 21, 1960 until August, 1961, when he was released on parole. On November 1, 1961, he violated his parole by leaving the State without permission and going on a camping venture to Canada or possibly Alaska with another youth, James Marvin, who apparently had come into ample funds. He was retaken into custody and after a social evaluation by a senior social worker and a psychiatric evaluation by Dr. Edward R. Hodgson, Chief Psychiatrist (G-13) was returned to parole after two months. In May of 1962, he returned to Atlanta. He says he was settled in Atlanta with a good job at Eastern Air Lines when he was soon arrested on a charge of child molestation. Represented by a prominent attorney who was apparently appointed to the case he was convicted by a jury and sentenced to serve 10 to 20 years in Reidsville State Prison. He began this service in July, 1962, and on November 1, 1962 was sent to the Milledgeville State Hospital. There he was examined by Dr. James B. Craig as a member of a psychiatric screening board which met there on a regular basis. In evidence is a copy of the complete medical record of movant at Milledgeville State Hospital (M-3) including two reports by Dr. Craig, one dated November 1, 1962, and the other December 13, 1962. While still a patient at this hospital and while being escorted to an eye doctor he escaped on March 14, 1963, stole a car in Milledgeville, drove to Macon, bought a pellet pistol and on March 15, 1963 robbed the Citizens and Southern Bank of $6,810.28. Arrested the same day, he orally confessed to the F.B.I. Agents on March 26, 1963. He insists and has insisted all the while that he is innocent of the State molestation charge and that he robbed the bank in order to get money to employ counsel to reopen that case and to establish his innocence in respect to that charge. On April 1, 1963, on motion of the District Attorney, this court entered an order pursuant to 18 U.S.C.A. 4244 requiring a judicial determination of movant's mental competency to standtrial. Under that order movant remained at the United States Penitentiary, Atlanta, Georgia, from April 4, until June 28, 1963. There he was examined by the prison psychiatrist, Dr. Francis J. Broucek, who reported his findings to the court (G-3) under date of June 17, 1963. With the aid of court appointed counsel movant waived indictment and pleaded guilty to this bank robbery charge on July 12, 1963, and was given an indeterminate sentence, the maximum being fixed at 15 years, but with eligibility for parole at such time as the Board of Parole may determine. His service of this sentence has been as follows:

    Chillicothe, Ohio July 24, 1963 to October 26, 1963
    Lewisburg, Pennsylvania October 26, 1963 to June 5, 1964
    Medical Center
    Springfield, Missouri June 5, 1964 to February 6, 1965
    Marion, Illinois February 6, 1965 to February 15, 1968
    On or about February 15, 1968 he was released by federal authorities to State authorities at Reidsville, Georgia to serve the balance of his bank robbery sentence concurrently with the State child molestation sentence. Meanwhile, however, he had attempted an escape from Chillicothe on September 27, 1963 and in the United States District Court for the Southern District of Ohio he received, on October 21, 1963, a consecutive sentence of 5 years for escape, plus a concurrent sentence of 3 years for injury to Government property.'
    3 The test, largely anticipated by this Court, cf. Smith v. United States, 5 Cir., 1956, 238 F.2d 925, approved in Dusky, supra, is 'whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding-- and whether he has a rational as well as factual understanding of the proceedings against him.' 362 U.S. at 402, 80 S.Ct. at 789, 4 L.Ed.2d at 825. See also Johnson v. United States, 5 Cir., 1965, 344 F.2d 401; Winn v. United States, 1959, 106 U.S.App.D.C. 133, 270 F.2d 326.
     


  2. ragland

    ragland New Member

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    good read, very interesting...thank you.

    ya know i wonder sometimes with all his ranting and raving about "i didnt molest that girl" the first girl....i wonder (not that i believe anything he says) if theres a twist on the truth of it all. could there have been an accomplice that maybe he feels he can pin the charges on? there could be other explanations as well, but for someone to actually stay so heavy in the denial about it, it might be worth digging into. does anyone know anything of detail about that particual crime?
     
  3. LButler

    LButler New Member

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    I don't know much abou schizo's except what you see in film, is it possible that he did have multiple personalities? Maybe one personality molested and hurt Sharon, but another one loved her? It seems to me to be a perfect resolution for why Sharon survived with him as long as she did (I do feel he is responsible for her murder).

    PS not making excuses for this pitiful ***, don't mistake my post!!
     
  4. ragland

    ragland New Member

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    ya know butler i keep coming back to that thought as well, and it seems too easy and thats why i write it off. but you could very well be right, if thats the case it would make sense as to why he adimantly protests him having anything to do with the molestation of the girl from years ago.
     
  5. daga

    daga New Member

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    I've been doing some searching but can't come up with much on this person. I was thinking that maybe Sharon came from a woman who may have had a criminal past or hung out with criminals.
    There is a woman who went missing in the 1970s named Rory Gene Kesinger, and it's suspected she was murdered. Unfortunately I can find very, very little about her.
    Anyone with access to whatever you'd need access to to find out if this could be a possibility?
     
  6. mjak

    mjak Well-Known Member

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    Okay, I nearly fell off the chair when I read the name "rory Gene Kesinger", I know that name. I have no idea why or from where but it is very very familiar to me. I am going to do some research now and see why I know that name and then will let you know what I find.

    mjak
     
  7. Dr. Doogie

    Dr. Doogie Well-Known Member

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    Rory Gene Kesinger was suspected to be "The Lady in the Dunes", but DNA has ruled her out.
     
  8. Dr. Doogie

    Dr. Doogie Well-Known Member

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    Here is an article concerning Rory and the Lady in the Dunes. It was written prior to the DNA results, but it does mention several facts about Rory that might be relevant her. In particular, she was involved in gun and drug running, and had escaped from prison with the help of some associates.

    http://www3.whdh.com/features/articles/reports/234/
     
  9. daga

    daga New Member

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    Well it kind of makes sense to me that she COULD be Sharon's mother. Rory Gene Kesinger's mother was located living in the midwest (FDF travelled around the midwest, may have met RGK at some point), and if RGK had criminal associates and was murdered, she may have had a child who was shuffled around a bit, maybe even crossed paths with David Dial, and then landed smack dab into the lap of FDF.
    Problem is, I can't find much about her at all. I haven't found her on any missing person databases either.
     
  10. mjak

    mjak Well-Known Member

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    From what I have read about Rory Gene Kesinger she was into a lot of bad things and was wanted by the authorities. I grew up in NYC in the 70's and outside my apartment in the lobby was a bulliten board with wanted posters on it. It was a lovely thing for a child to have decorating the lobby outside there appartment!!! Anyway, I think there might have been a flyer of her up on that board. I just know I know that name from long ago. wouldn't she have been very young to have been Sharon's mothere?

    mjak
     
  11. christine2448

    christine2448 Retired WS Staff

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    Where is David Dial now? Do we know? Do you think he knows the answers to Sharon's Identity?

    Wasn't someone here in correspondence with Floyd? What happened with that?
     
  12. Dr. Doogie

    Dr. Doogie Well-Known Member

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    Long story (made as short as possible):

    Hollow, who was in correspondence with FDF, was banned (along with some others) at the same time that the full SM thread was closed.
     
  13. daga

    daga New Member

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    Darnit, I can't find it now, but I read somewhere that Rory Gene Kesinger was in her 20s, and ran away from home when she was 15 (give or take..she was underage). If that information is true, then she would have been old enough to be Sharon's mother.
     
  14. itsreenw

    itsreenw Well-Known Member

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    I found part of an article that said RGK had escaped from a prison in Plymouth months before the body was found in the Dunes. Here is an article intro with the name of the investigator

     
  15. welder 79

    welder 79 New Member

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    ......Jennifer has married a 2 time, has 4 children and living in her hometown again... Jennifer is now head of purchasing for a large media company...I got her last name but myself I feel everybody should respect her privicy unless she say's it's OK's for that person to have any and all contact with her.. You got to look at her too this has been very hard on her and her complete life too..
     
  16. *02

    *02 Former Member

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  17. Marina

    Marina New Member

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    Let me correct one minor detail. First and third child were given up for adoption.
     
  18. Tuffy

    Tuffy Not really that tough...

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    The Book Beautiful Child....states Floyd as saing Michael was born April 21,1988...
    Tampa Hospital....I am sure the Delivery Dr. would be listed on Birth recordes....finding the Dr, may lead to Dr.s Notes in which he would have intered .....approxment age of the mother ....even if she said she was 18....
    if she appered under age then a report would have been made....to Social Service....
    Hospital recordes vs, Birth Recordes....ect....
    Interesting about the Florida Drivers License
    The test is simple 5 questions and an eye test
    which way is left and which is right...I lived there.....I wonder how many times he re-newed
    as the states have different laws about during that time frame.....the states of Florida,Georgia,Arizona,Oklahoma....
    In the 1960s there was no photo and finger print was fairly new..to some along with a signature....
    Tuffy
     
  19. Marie

    Marie Daughter, if you don't remember us...who will?

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    Here's an article about a woman who lived a life similar to that of Sharon. She was given away to a molester at age 5 and raised as his daughter.

    Article
     
  20. dottierainbow

    dottierainbow Former Member

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    Thank you Marie for sharing. It just makes you shudder thinking there are many perverts raising children as there own. I'm also wondering if Floyd bought Sharon.
    Amy
     
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