|Contact Ronnie Lee Bowling|
|Ronnie Lee Bowling
Kentucky State Penitentiary
266 Water Street
Eddyville, KY 42038
|DOB: December 5, 1968|
|Ronnie Lee Bowling's case data|
|State and County||Kentucky, Rockcastle and Laurel Counties|
|Crime||two counts of burglary, two counts of robbery, two counts of murder, and one count of attempted murder|
|Date of Crime||January 20, 1989 and February 22, 1989|
|Date of Arrest||February 25, 1989|
|Date of Conviction||December 9, 1992|
|Sentence||two death sentences by electrocution and 100 years|
|Age at the Date of Crime||20|
|Contributing Factors||Perjury, Junk Science, False Eyewitness Identification|
|Did DNA evidence contribute to the conviction?||No|
|Is there DNA evidence to test?||N/A|
I am Ronnie Lee Bowling on Kentucky death row. I was twenty (20) years old at the time of my arrest on this case, which was Saturday, February 25, 1989 around 6:30 a.m. Central Time Zone. I have been in ever since. I did not have a criminal record, no juvenile record, no domestic disturbance record, no arrests except for one sole charge of public drunkenness that came the night before my wedding from my bachelor party. Here is how I got here:
I just turned 20 years old at the time of my arrest. I came from a good home, raised up in a good family. I graduated high school in 1987. I married my high school sweetheart on June 21st, 1987. I worked part time jobs. I was working three part time jobs at the same time. I was working for my Dad in his appliance store. I was working for a grocery store called “Wim-Dixie” and I was working for “C.A.P.” (Christian Appalachian Project). All three were part time and minimum wage.
So, I was looking for a full-time job. I put in applications all over. On February 25th, 1989, Saturday morning, I drove two counties over from Clay County (where I lived) to Rockcastle County. The purpose was to put in applications and try to find a full-time job. So, I started early. Knowing most businesses would be open when I would work my way back home.
I exit off I-15, see a store type gas station. I pull in, get out, go in. A man in there named Ricky Smith. He is the owner. I ask him, if he is doing any hiring. He said, “No, not right now. Maybe later in the year. Check back with me.” I said, “Ok. What about hiring on other shifts?” At this time he begins to become very nervous. So, I thanked him for his time.
As I start out the door of the store, I pause to zip up my coat. I had a green field jacket on. It is February, still had drifts of snow on the ground. I glance out of the corner of my eye. He has pulled a .38 out of his overall pocket. He takes off running into the next small joining room. He is continually firing his .38 revolver. He hits me twice. See official Wound Locator. There is blood and hair on the wall and floor from where he shot me. I run out and get in my car. He comes out of the store. I go down the Road 25.
It placed his gas pumps between him and me in my car. Gave me time to build up speed. He continued to shoot as I was going down the road. He realizes he was nervous and over reacted. I did not have a gun. He mistook my zipping my coat. He thought I was pulling a gun. It all happened in the blink of an eye. He knows he has just shot an innocent man. He sees my blood in his store. His Dad – James Smith – soon arrives on the scene. He and James realize Ricky could be the one to be charged with “attempted murder” even “murder”, if I died.
Ricky has another .38 either under his counter or his Dad has one. They use the 2nd .38 to fire extra bullets into the store to make it look like an exchange of fire. Then Ricky calls State Police. They arrest me at my home. Later I am charged with “attempted murder” of Ricky Smith. Then about one week later, they have two unsolved crimes in a joining county called Laurel County. Through forensics-metallurgy they charge me with these capital charges. The prosecutor presents this flawed, unreliable “junk science” to the jury – almost four years later and gets a conviction in 1992 in Laurel County. Same prosecutor sets a conviction in Rockcastle County in 1996. I have been down here on death row appealing ever since.
Ronnie Bowling’s profile on the Kentucky Department of Corrections website states:
“BOWLING, RONNIE LEE, DOB 12-5-68, was sentenced to death December 9, 1992 in Laurel County for the murder of two gas station attendants in two separate robberies. Bowling, from Clay County, Kentucky, shot and killed Ronald Smith, a London, Kentucky service station attendant during the early morning of January 20, 1989. Again, in the early morning of February 22, 1989 Marvin Hensley, a service station manager in London, Kentucky was robbed and killed. Bowling was arrested February 25, 1989.”
“Bullet”, ABA Journal September 2004, page 58-61 (pdf)
Mark Hansen is a senior writer for the ABA Journal. His e-mail address is email@example.com
Death row inmate appeals over flawed evidence
Bullet analysis now discounted
By Andrew Wolfson, The Courier-Journal
Forensic Analysis: Weighing Bullet Lead Evidence
FBI’s press release, September 1st, 2005
Interview with WLEX Channel 18 News out of Lexington, KY, www.wlextv.com/(pdf)
These are Mr. Ronnie Lee Bowling’s notes that he typed up for an interview with WLEX Ch.18 News out of Lexington, Kentucky. This interview was on Thursday, June 14, 2007, at Kentucky State Penitentiary. This was aired on TV on Friday, June 15th, 2007 at 6 p.m. news.
FBI’s press release, November 17, 2007
“FBI review may help inmate” (pdf, 1 page)
by Andrew Wolfson, The Courier Journal
Wednesday, November 28, 2007
“Should a Clay County Man on Death Row Get a New Trial?” (pdf)
Clay County Times newspaper
Tuesday, December 4, 2007
IIPPI’s Interview with Ronnie Lee Bowling
IIPPI: What is the “Bullet” article about, if you, Ronnie Lee Bowling, did not have a gun?
In order to answer this question, I shall give you some history of the case.
Ricky Smith started to shoot at me. I get hit in the side of the head. Go down to one knee. He runs and jumps into the little room that joins the room where we were standing. He continues to shoot. I stand up and run out to my car. Get in it. Back out. I see this guy still coming out of his store with a gun in his hand. I figured this guy will continue to shoot. So, I see the gas pumps between he and I. Figured he probably would not shoot at his gas pumps. I was right. It gave me just enough time to build some speed up on my car going down the road in front of his store. And sure enough about the time I passed his gas pumps exposing my car he continued to shoot. I just kept going at high speed away from his shooting at me. I kept going fast, because I did not know, if this crazy guy would try to follow me and shoot at me.
Next thing I realize, I have been shot twice! Once in the side of the head and once in the hand. I am just a kid back then. Never been through anything even remotely similar to that. I saw all the blood on the left side of my face and on my hand. I had a .38 lead bullet in the side of my head from Ricky Smith’s gun.
IIPPI: One moment, why did you not head to the next hospital?
I barely was able to see out of my left eye. Remember, back then I was young barely turning 20 years old. I panick. I like blacked out. I mean, I could still see and hear everything. But, I only had one thought on my mind, “Get home to my wife before I die. Get home to my wife before I die. Get home to my wife before I die. She can take me to the emergency room. I do not know the area. I do not know where any hospitals are at. But, I will get home to my wife before I die.” This is all I could see and think. Police were behind me. I could not think nothing except, “Get home to my wife before I die.”
During my trial I ask the court for funds to hire a neuro-psychologist to help explain this reaction. They would not give me the money to hire this expert.
I did make it home. They arrested me in my front yard. I did see my wife. She was standing in the window.
IIPPI: Did the police take care of your injuries? Did they take you to a hospital?
They brought me back to the Laurel County (London, KY) State Police Post 11. They interrogated me. First with a written statement. All this is with a lead bullet in the side of my head and blood gushing. So much blood they gave me a paper towel to hold up to my head to slow the blood. Finally they take me to the emergency room at London, KY called Marymounty Hospital. They remove a .38 lead bullet from my left side head. Stitch me up really rough. Do not give me anything to numb it or for pain. Take me back to the State Police Post 11 and further interrogate me. This time with a cassette tape recorder. I gave a second statement. The statements I gave are the same. They are the same as all that I have written to you about.
IIPPI: Okay, I see. Let’s go back to the bullet issue…
It turns out the guy that shot me, he and his Dad Mr. James Smith, came up with a plan to keep Ricky Smith from being charged with attempted murder or murder or manslaughter, if I died. See, he realized after it was all over that he made a mistake that I did NOT have a gun. When I went to zip up my field jacket, he thought I was pulling a gun out. He started shooting. It all happened within a split second. His dad is near by. He shortly arrives at Ricky Smith’s store.
The reason Ricky and James went to packing .38’s a couple of gas station attendants over in a joining county where allegedly robbed and murdered. They were very paranoid. Nervous of any person they did not know. This is why Ricky Smith kept his hand in his pocket and his hand on it the entire time.
It turned out one of the people that was robbed and killed in Laurel County was a minister that lived in Rockcastle County very close to Ricky Smith. The church where many in that area had attended. So, all of them knew about the alleged crimes and were very armed.
Between Ricky Smith and his Dad, James Smith, they took the extra .38 of James or the .38 Ricky Smith kept under his counter and fired extra shots into the station to make it look like an exchange of gunfire. While Ricky Smith calls the Kentucky State Police at London, KY (Laurel County), they are on the way on the direction that Ricky Smith goes a couple of miles down the road from the gas station and tosses out the .38 he used to fire dummy shots into his son’s store. All to make it look like I fired at Ricky. So, if I died they would not be charged with murder. Because there was blood and hair all over the store (FROM ME), they knew I was shot in the head. They knew Ricky had overreacted. Trying to cover it up.
The police after they arrest me go back over to Rockcastle County and had all the locals including Ricky and James their family and friends looking for a gun. At trial it is on record. No police officer once they intercepted my vehicle ever saw anything come from my vehicle. They testified they never lost sight of my vehicle. A state trooper records the serial numbers of this alleged gun they say they found on the road side. The gun they say they found on the road side was replaced with another gun. This other gun has a completely different set of serial numbers than the gun that they say they found on the roadside. This is all brought out at my trial. Where is that gun they say they found on the side of the road?? They replaced it with the .38 they said is linked to two robbery murders in Laurel County.
In order to make sure I am really set up as the perfect scapegoat. The first was Ricky Smith and his Dad James Smith set it up to give Ricky a cover story for shooting and could have killed me. Then the police and somebody already had the .38 they say was used in Laurel County crimes and replaced it with the .38 they found on the roadside. We know this for a fact, because of the two complete different sets of serial numbers. The one gun they said they found on the side of the road was never heard of anymore.
So, they know “ballistics”. This is the marks and grooves on a bullet when it is fired. They say this is so unique that any bullet and firearm can be linked as unique as a set of fingerprints. But, they made sure all the lead bullets over in Rockcastle County were destroyed so bad that they could not be ballistically tested. It would clearly show the .38 they used to replace the .38 Ricky/ James Smith placed on the roadside is not the weapon that fired those bullets. So, they made sure all the lead bullets were destroyed.
They have a guy name of Mr. Donald Havekost (retired now), FBI agent that worked for “FBI Crime Laboratory” in Washington D.C. He had testified at numerous trials for the local and others. He was their close associate.
They had another test done on the lead bullets called “metallurgy” test. This is where they test the metal composition in one set of lead bullets to see, if the same metal composition is found in another set of lead bullets.
Well, this flawed, unreliable junk-science is what Havekost testified to at my trial for the prosecution and mislead the jury and gained a wrongful-conviction. The prosecutor convinced the jury the metallurgy in the destroyed lead bullets found in two bodies in Laurel County were the same. They convicted me on these lies and deception.
Turns out they figured I would have already be executed by now, because the FBI had received so much criticism over these lead bullet test and the conflicting “experts” that testify at trial. “Mr. Z” could hire five “experts” in metallurgy to say what he wants. Then “Mr. Y” goes out and hires ten “experts” in metallurgy to say what he wants in metallurgy — all on the same subject. So conflicting, costing people their lives on death row on this flawed, unreliable junk-science.
What “DNA” is to blood, “CBLA” is to bullets. This is the result of the criticism. The FBI went to the most renowned group of scientists in the world, “National Research Council” (NRC) and asked them to go over these methods used to test lead bullets and tell them whether they are sound or not. They did. Published a book-sized report on February 10th, 2004 and said “not”. The FBI took this as a recommendation and conducted their own 14 months study. September 1st, 2005, Thursday, released their memo an agreed with NRC and stopped all testing of lead bullets.
Since this is the primary heart to the case the prosecutor used to convict me of capital cases in Laurel County, and with this “newly discovered evidence” of the NRC report and the memo of FBI I have filed pro se and asking the trial court at Laurel County (where I received the death sentences) to give me a new trial.
All the paperwork is filed and done. I taught myself how to file it and I did. This is new evidence the reports that clearly show the flawed, unreliable junk-science the prosecutor used to mislead the jury to gain a wrongful-conviction is unjust and wrong.
The “Bullet” article I sent you explains this further. How junk-science was used to form a link between the Rockcastle case and the Laurel cases. I am innocent. The prosecutor relied on lies and deception to gain a wrongful-conviction. They knew they had found a perfect scapegoat when they heard about the Rockcastle County store/ gas station get all the political pressure off them to find and convict someone of the capital crimes in Laurel County. Election was close. This helped to get some elected.
The FBI Crime Laboratory at Washington D.C. said they have completely stopped testing lead bullets in metallurgy, because it could very easily send an innocent man to death. They issued letters to over 300 police labs letting them know they no longer do lead bullet testing. Also suggested the courts to re-visit old cases of people where the prosecutor used these lead bullet tests to help get a jury to convict the person.
Further questions asked and answers given
TR = “Transcript of Record”, Trial Transcript
TE = “Transcript of Evidence”, this is all the motions and documents, the non-verbal record that occurred pre-trial and some during the trial, and some in the appeals post-trial.
These questions some people may ask about this case, these answers, plus direct cites to the case record may help the reader to understand and look up the public records and verify them.
Has there ever been done any “gun powder residue” tests on Bowling’s hands, clothing, etc. at any time he was taken into custody?
Yes, the Kentucky State Police at Post 11 in London, KY (Laurel County) on the day Ronnie Bowling was arrested (Saturday, February 25, 1989) did test his hands, clothing for gun-powder residue. There was no gun-powder residue found on his hands or clothing. The prosecution did not mention this fact at the trial much. However, in order to further elaborate on this answer one has to go into the facts of the case record.
According to the evidence at the capital (death penalty) trial of 1992 in Laurel County (London, KY), Bowling left the Rockcastle County (Mt. Vernon, KY) service station owned by a Ricky Smith and proceeded to drive home, which was fourty-four miles away. [TE Vol. 22, pg. 2820, i.e. 22nd volume on page 2820 of the trial transcript of evidence. On page 2820 one can verify this fact.] Twelve miles into Bowling’s drive the police started following him. No roadblocks were established. [Also see on the same page 2827.]
Bowling was arrested when he arrived at his home. [Pg. 2821-22]
During the time Bowling drove home and the police was behind him, the police saw two brown objects ejected (not thrown !) from the car. [Pg. 2821, 2827 ff.] These turned out to be an old pair of brown jersey work gloves that were very common in Kentucky and South-Eastern Kentucky. [Pg. 2823] The police did N0T see a gun ejected or thrown and did testify this fact at the trial. [Pg. 2827, 2829] The work gloves were tested for gun powder residue and none was found.
How old was Ronnie Bowling at the time of his arrest on this case?
Bowling was twenty (20) years old at the time of his arrest on this case, which was Saturday, February 25, 1989 around 6:30 a.m. Central Time Zone. He did not have a criminal record, no juvenile record, no domestic disturbance record, no arrests except for one sole charge of public drunkenness that came the night before his wedding from his bachelor party. [TE 24, pg. 3652-56]
Did Ronnie Bowling even own a handgun?
No, he did not own a handgun.
Is there any evidence that Bowling was ever seen by anyone in possession of a handgun at any time other than during the alleged “shootout” the day he was arrested?
There are two witnesses the Commonwealth of Kentucky (prosecutor) called to testify about the gun.
(a) Bowling’s ex-wife (Ora Lee Isaacs) who testified she was with him when he bought a pistol from his uncle and identified the gun presented as that gun. [Page 3197]
(b) The Commonwealth (prosecutor) called Ricky Smith from the Rockcastle County case and he testified on cross-examination at this trial under oath that he never saw the handle of the gun [TE: Vol.22, pg. 2801], he never saw the barrel of the gun [pg. 2802], and said “all .38 (caliber revolvers) are basically going to look the same.” [Same page]
The “Uncle” (Lee Evans) was called in to testify by the defense at this capital trial. He said at no time has he ever owned or sold that gun or any other gun to Bowling. [Pg. 3443]
In this case there was no “GUN LINE UP,” which is now a common thing to do. Several guns should have been lined up and any witness identifying the gun has to pick it out like doing a people line-up. This was not done.
The ex-wife’s testimony is already discredited. She has several psychiatry examinations even after her and Bowling were divorced and she continually proclaiming her believe in Bowling’s innocence. On the day that he was arrested, the police had her to give a statement. She said she took “sleeping pills” and “nerve pills” and did not remember anything. The Laurel Circuit Court refused to allow the defense any of the ex-wife’s psyche records, but sealed them for the appeal. This was prejudicial to the defense.
Due to there being a major set of facts conflicting in this case, of two different guns, two different locations, two different times being found, and yet somehow only the one gun they say was used in crimes in Laurel County was the one that ended up at the trial. It is simply that they have got two different cases mixed up that do not go together: the Rockcastle County incident and the two cases in Laurel County. Whoever committed the crime in Laurel County three days before, probably got rid of that gun. When the incident in Rockcastle County had occurred, they located one gun with an entire different set of serial numbers than the gun they say was used in Laurel County. But, later, they allegedly located a gun only about a half mile from where Marvin Hensley’s incident (in the joining Laurel County) occurred. They replace the one gun with the other and the one is never heard of again. They twisted two cases together that do not go together and have not one thing to do with each other. That is why any witness testimony about a gun is unreliable.
What gun are they talking about? Ricky Smith said he never saw the handles, never saw the barrel and all .38’s are going to look alike. Bowling’s young ex-wife did not know anything about guns. She could not tell you a BB gun from a real gun.
If Bowling owned or had ever been in possession of a handgun, was it the same style (maker, model, revolver, auto, barrel, nickel/stainless, steel, blued finish), caliber, etc. as the one used in the murders and the “shootout”? If so, what happened to it?
Bowling says that he never owned a handgun. Those details are things the defense attorney should have asked at his trial but did not ask. A “GUN LINE UP” should have been done on Ricky Smith and Ora Lee Isaacs, but was not done.
Ronnie Bowling and Ora Lee Isaacs were married when he first got locked up but they divorced after he was in jail. She did not know anything or very, very little about guns.
The prosecutor ceased the opportunity to twist two cases together (Rockcastle County and Laurel County) that do not go together. The crimes in Laurel County: on January 20, 1989 a Ronald Smith was killed/robbed and on February 22, 1989 a Marvin Hensley was killed/robbed. Three days later in joining Rockcastle County, Bowling is arrested for a shooting incident that involved a Ricky Smith.
Bowling is not even locked up and has nothing to do with the two capital cases in Laurel County until about a week. He was originally placed in the Rockcastle County Jail and later charged with attempted murder of Ricky Smith. The people wanted the crimes solved. The police and politicians were under a lot of pressure. They took both cases and hammered a square peg into a round hole to make them fit together. The facts are there, the evidence is right there in the record of two different serial numbers. Yet, the one gun they found, allegedly found only about a half mile from that last incident in Laurel County involving a Marvin Hensley three days before became somehow their only gun. They did the ballistics tests and none of them matched the bullets at the Rockcastle County incident to the gun they say was used in crimes in Laurel County. They said that all the bullets at the Rockcastle County incident were too torn up to ballistically compare.
That is why the “COMPARITIVE BULLET LEAD ANALYSIS” (CBLA) was so important to the State’s case. The prosecutor called in “The string that ties all my evidence together.” That evidence turned out to be junk-science. [Bowling v. Commonwealth, 2008 WL 4291670 (Ky. 2009)] The prisoner filed the motion “pro se” and came close to winning a re-trial straight out on the new evidence he had discovered showing the CBLA was junk science.
Four (4) justices affirmed the Laurel Circuit Court’s decision and three (3) justices voted to grant him a new trial. Even in that opinion the majority of the justices at the Kentucky Supreme Court misstated many facts that are simply not in the record. Bowling filed a Petition for a Writ of Certiorari to the United States Supreme Court to look at the decision of the Kentucky Supreme Court on not granting him the re-trial on the newly discovered evidence about CBLA.
Did the prosecutor or public defender obtain any ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives)/ State Firearm Transfer Records for any of the handgun serial numbers involved?
The defense attorney did not obtain any of these documents. The prosecutor only vaguely did a search, but did not link anything to Bowling.
What are the serial numbers that in fact are in this case record of the guns?
The police allegedly found a gun with the serial numbers C 8 7 9 5 6 that is ballistically linked to two capital cases in Laurel County. That same gun was ballistically checked for the bullets in the Rockcastle County incident and could not be linked through ballistics. The other gun has the serial numbers 1 0 3 7 5 6 and is not said to have been used in any crime because it was replaced with the gun with the serial numbers C 8 7 9 5 6.
The police did not see a gun ejected or thrown from Bowling’s car and did testify to that fact. [Pg. 2827, 2929] Within a half mile from where the police began following Bowling, they went back, searched and found a gun with either the serial numbers 1 0 3 7 5 6 or C 8 7 9 5 6. [Pg. 2848-2852]
However, it is more likely that they found 1 0 3 7 5 6, which is not said to have been used in the crimes in Laurel County. It is more likely due to a UNIFORM OFFENSE REPORT (U.O.R.), prepared by Kentucky State Police Sgt. David Biggerstaff. He said in his report that the gun that was found and given to him was with the serial numbers 1 0 3 7 5 6. This was closer to Rockcastle County. [Pg. 2848-2852]
However, next to Rockcastle County is Laurel County, where only three days before a capital case had happened involving a Marvin Hensely being robbed and killed. Later a second report talks of a gun being found only about a half mile from the Hensely crime scene with the serial numbers C 8 7 9 5 6. That is the gun they replaced the other with and twisted two cases together that do not go together.
Also, in the U.O.R. that Biggerstaff typed up with the serial numbers 1 0 3 7 5 6, Staff Sgt. Milton Baker, who signed the report in ink by hand with his full name, verified that it was the gun they found, and that it was not the other gun that they say was used to kill people over in Laurel County.
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Pre-trial, Trial and Penalty Phase Overview (pdf, 21 pages)
Commonwealth of Kentucky v. Ronnie Lee Bowling
27th Judicial Circuit, Laurel County, Division I
Indictment No. 89-CR-024
Warren Mitchell’s Testimony (pg. 298-314) (pdf, 18 pages)
He is a firearms examiner by the State Police Forensic Laboratory in Frankfort, Kentucky.
Ricky Smith’s Testimony (pg. 2768-2805) (pdf, 38 pages)
He is one of Ronnie Bowling’s alleged victims, gas station owner and operator.
Trooper Alan Lewis’ Testimony (2810-2831) (pdf, 24 pages)
Trooper Alan Lewis was the first law enforcement officer involved in this case.
Ora Lee Isaacs’ Testimony (pg. 3192-3218 + 3450-3463) (pdf, 27 pages)
Ora Lee Isaacs was Ronnie Lee Bowling’s wife at the time of the crimes. She claims her ex-husband owned a .22 rifle (according to a police report of February 25, 1989, 9:45 A.M., that she refused to sign) or gun.
Edward Lee Evans’ Testimony (pg. 3423-3437) (pdf, 14 pages)
Edward Lee Evans was Ronnie Lee Bowling’s uncle by marriage who allegedly had sold a rifle or gun to Bowling, but he denies that.
Motion to Supplement (pdf, 2 pages)
September 14, 2005
United States Court of Appeals for the Sixth Circuit
Opinion filed on August 14, 2007
(Laurel County Capital Case) “Pro-Se” Petition For State Habeas Corpus Relief (pdf, 183 pages)
September 6, 2007
very detailed, with many exhibits and attachments
Exhibit No. 1: Affidavit in Support of Petition for State Habeas Corpus Relief (3 pages), September 4, 2007
Exhibit No. 2: Memorandum of Law in Support of Petition for State Habeas Corpus Relief (77 pages), mailed on September 4, 2007
Exhibit No. 3: Motion for Evidentiary Hearing and for Personal Appearance in the Petition for State Habeas Corpus Proceedings (5 pages), September 4, 2007
Exhibit No. 4: Motion to Proceed in Forma Pauperis in Petition for State Habeas Corpus Proceedings (14 pages), September 4, 2007
Exhibit No. 5: Motion for Appointment of Counsel for Petition for State Habeas Corpus Proceedings (5 pages), September 4, 2007
Exhibit No. 6: Petition for State Habeas Corpus Relief Attachments:
Attachment No. 1: Police inierview two (2) men (Gary Yandeventer and Gene Herren) on the day of Ronald Smith’s alleged killing/robbery at the Jones Chevron Station in London, Kentucky (Laurel County), on January 20, 1989.
Attachment No. 2: Gene Herren gives a sworn affidavit on June 11, 1998, showing two other men (NOT Ronnie Bowling) stated in their words they were going to kill Ronald Smith.
Attachment No. 3: Randy Harris, the only eye-witness to the Ronald Smith alleged killing/robbery gives two (2) affidavits (May 7, 1998 and June 10, 1998) both times stating he was there the very time of the day Ronald Smith was allegedly killed/robbed. He states he saw a man coming running out of the store and that the man he saw was NOT Ronnie Bowling.
Attachment No. 4: Beverly Muncy Lewis: She states that the Commonwealth’s jailhouse lieing informant is not trustworthy and gives reasoning why.
Attachment No. 5: Timothy Lyle Chappell: He is Commonwealth’s lieing jailhouse informant. “Attachment No. 5” is a form with the interview of Chappell with Det. Johnny Phelps of the Kentucky State Police. It shows a lot of lies when one compares this to his trial testimony. He is currently registered on the Georgia Bureau of Investigation for being a “child molester”.
Attachment No. 6: (I.) Attorney Barbara Carnes filed “Motion for Continuance” in Chappell’s pending charges so he could be a lieing jailhouse rat in Bowling’s case. (II.) United States Attorney R. Michael Murphy filed “Response to Motion for Continuance.” He did not object and states Chappell is working with law officials in an unrelated case (Bowling’s case). (III.) Chief Judge of United States District Court of Eastern District of Kentucky at London, Kentucky (Laure1 County), Eugene E. Siler, Jr. granted the continuance for Chappell to be a lieing jailhouse snitch.
Attachment No. 7: Linda Sue Widener (Timothy Chappell’s ex-wife) signs an affidavit on December 10, 1997, telling of Chappell’s psychotic treatment of her.
Attachment No. 8: Gilbert Jones: He signed an affidavit on March 24, 1998, stating that he was in the cell with Timothy Chappell, and that Chappell told him, “I’m going to make something up on Ronnie to make a deal with Tom Handy to get some charges dropped.”
Attachment No. 9: Attorney Barbara C. Carnes: She was Timothy Chappell’s lawyer at the time he made his deal to be a lieing jailhouse informant against Bowling. In her affidavit, signed on May 26, 1998, she states in the third paragraph, “… Mr. Chappell wanted to know if telling this information to the state authorities could assist him in working out a favorable plea…” In paragraph eight: “My memory was that Nr. Chappell’s information mainly concerned the death of Trooper Edrington, and that the information was not particulary helpful to the state investigation.” (This is why he wanted to make and actually did make something up.) Paragraph 12.a.: “Contrary to my sworn testimony, Timothy Chappell did indeed receive his favorable plea bargain.” Paragraph 12 b: “I had talked to a state detective concerning Mr. Chappell’s information on the day of or shortly prior to Mr. Chappall’s sentencing.” And, in paragraph thirteen, Attorney Carnes states, “I was also given a copy of the trial testimony of Timothy Chappell. Mr. Chappell indicated in his testimony that he had received no favorable treatment in federal court. This testimony was incorrect as weil.”
Attachment No. 10: Prosecutor Tom Handy of the Bowling trial writes a letter on December 21, 1992 to Honorable N. Mitchell Meade, the Fayette Circuit Judge of Lexington, Kentucky, requesting favorable treatment for Timothy Chappell in a case that was pending in that court. Handy states how Chappell “assisted” in the Bowling case.
Attachment No. 11: “Weighing Bullet Lead Evidence”: This is the report by the “National Research Council” (NRC) that was released on February 10, 2004. This study is done on “Composition Bullet Lead Analysis”(CBLA). Prosecutor Tom Handy said in Bowling’s trial transcript on page 256l, “This is the string that ties all my evidence together.” This report is 113 pages long, and on its’ final 113th page, last paragraph, it sums up the report with, “The available data do not support any statement that a crime bullet came from, or is likely to have come from, a particular box of ammunition, and references to “boxes” in any form are seriously misleading under federal rule of evidence 403. Testimony that the crime bullet came from this defendant’s box, or from a box manufactured at the same time, is also objectionable because it may be understoood as implying a substantial probability that the bullet came from defendant’s box.”
Attachment No. 12: Three (3) of the capital trial jurors who sat on Bowling’s case signed affidavits they would have found Ronnie Bowling NOT GUILTY, and this is after sitting through the Commonwealth’s case if they had not been selected off as “alternates.” (I.) Nora Mae Jones signed her affidavit on November 20, 2001. (II.) Rita Clark did the same. In paragraph eight she states, “I had doubts about Mr. Bowling’s guilt given the case as presented, and I know the standard of guilt was “beyond a reasonable doubt.” This was troublesome for me.” In paragraph nine she says, “The fact that there was no eye-witnesses testimony caused me to have doubts about his guilt, which I still have to this day.” (III.) Linda Alice Booher’s affidavit signed on November 20, 2001, reads in paragraph two, “It is my belief that if this case were tried in another county, Mr. Bowling would have never been convicted based upon the evidence I saw.” In paragraph three she says, “I thought the prosecutor Tom Handy was grasping at straws with the State’s case.” In paragraph eight she adds, “I told Judge Hopper that I would never convict this man based on what evidence they presented.”
Attachment No. 13: The Hippocratic Oath
Attachment No. 14: Doug Blair gives two (2) affidavits concerinng “CBLA” evidence FBI Donald Havekost’s testimony.
This petition was denied and dismissed on October 30, 2007. See order here (pdf, 3 pages)
Ronnie Bowling moved “pro se” for permission to proceed in forma pauperis with an appeal from the Court’s Order entered October 30, 2007, (pdf, 2 pages) denying his Petition for a Writ of Habeas Corpus and dismissing the action. Because Bowling filed the appropriate information required by KRS 454.410, the Lyon Circuit Judge granted his motion on November 30, 2007. However, the court denied the indigent prisoner appointment of counsel on appeal because an appeal on a Writ for Habeas Corpus is a civil proceeding, and there is no right to appointed counsel.
Letter from the FBI to Thomas Handy, Commonwealth Attorney (pdf, 2 pages)
May 27, 2008
The FBI reviewed Bowling’s case, and found its expert’s testimony was overstated and misled the jury at his trial.
Order from the Supreme Court of Kentucky (pdf, 1 page)
entered: July 18, 2008
Kentucky Supreme Court affirms Laurel Circuit Court’s judgment (pdf, 16 pages)
rendered: September 18, 2008
Case No.: 89-CR-00024
File No.: 2006-SC-000034-MR
Dissenting opinions by Special Justice Combs and Justice Schroder
Appeal/ Pro Se Petition for Rehearing (pdf, 9 pages)
October 8, 2008
Case No.: 89-CR-00024
File No.: 2006-SC-000034-MR
Appendix: Court decision and opinions of September 18, 2008
Petition for a Writ of Habeas Corpus (pdf, 40 pages)
in the United States District Court for the Eastern District of Kentucky
filed May 6, 2009
Petitioner Bowling’s Amendment of his Writ of Habeas Corpus under 28 U.S.C. §2254 and Consolidated Supporting Memorandum of Law (pdf, 35 pages)
in the United States District Court for the Eastern District of Kentucky at London
filed May 6, 2009
Rockcastle County, non-capital case (Indictment No.: 89-CR-027):
RCr 10.02/ RCr 10.06/ CR 60.02 Motion (pdf, 30 pages)
in the Rockcastle Circuit Court
filed on March 23, 2000 on “Jury Misconduct”. It was denied on March 31, 2000.
Then a reconsideration motion called CR 59.05 (pdf, 26 pages) was filed. It was pending in the Rockcastle Circuit Court until 2009. Bowling had a hearing on Friday, June 26, 2009 about that motion, and the Circuit Judge tried to render a decision in August 2009 on whether to grant or not to grant a new trial based on the jury misconduct.
Ronnie Lee Bowling filed a Motion for Leave to Proceed in Forma Pauperis in the United States Supreme Court in September 2009. He asked leave to file the attached Writ of Certiorari (pdf, 81 pages) and to proceed in forma pauperis pursuant to Rule 39.
mailed on September 21, 2009
Brief For Appellant (pdf, 32 pages)
in the Kentucky Supreme Court
filed on January 6, 2010
Not included in this PDF but part of the Brief For Appellant is the Appendix:
Appendix No. 1: Lyon Circuit Court’s Order entered October 30, 2007, (pdf, 2 pages)
Appendix No. 2: (Laurel County Capital Case) “Pro-Se” Petition For State Habeas Corpus Relief (pdf, 183 pages) filed on September 6, 2007
October 21, 2010: the Kentucky Supreme Court denied Ronnie Bowling’s Petition for Writ of Habeas Corpus
Opinion of the Kentucky Court of Appeals
January 13, 2012
“Conclusion: For the forgoing reasons, we affirm the trial court’s denial of Bowling’s RCr 10.02 motion for a new trial and his CR 60.02 motion to set aside judgment.”
“FBI: Bullet evidence ‘overstated’ in Bowling case”
By Brett Barrouquere — Associated Press
September 16, 2008