Sharpe's false testimony occurred during the wire fraud and murder-for-hire trial, after she was arrested for conspiracy to commit wire fraud and murder-for-hire. The jury convicted Nix, Gillich, Sharpe, and Ransom of wire fraud and conspiracy to commit wire fraud. . The court staff called his law partner a little before 9 a.m. when Vincent hadnt shown up. Id. Investigators would come to believe that Vincent opened the door to the killer, who put a gun in his face. Nix was the former leader of the Dixie Mafia known for participating in some of the groups most high profile killings, even after his imprisonment. So, I just battled. Furthermore, the trial court on several occasions instructed the jurors that it was their job to weigh the credibility of witnesses, and that they could accept or reject witness's testimony. Mr. Armistead has never said publicly what he did to get the 46-year-old Mr. Fabian to talk about the crime and the detective did not return several telephone messages seeking comment. The district court dismissed the money laundering charges as not supported by any evidence. We find that there was sufficient evidence to support a deliberate ignorance instruction. An old friend of his, Juanda Jones, ran a bordello there, and Nix became involved with Jones' adolescent daughter, Sheri LaRa. The judge gave the jury an Allen charge and instructed them to continue deliberating on the charges remaining against Halat. During deliberations some of the jurors complained that one of the jurors was making inappropriate sexual remarks and was refusing to participate in the deliberative process. Therefore, the obstruction counts are not multiplicious. Thomas Leslie Holcomb, the triggerman in the 1987 Sherry murders, died April 8, 2005, while serving a life sentence in federal prison in Beaumont, Texas. Thompson v. Calderon, 120 F.3d 1045, 1058 (9th Cir.1997) (en banc), rev'd on other grounds, 523 U.S. 538, 118 S.Ct. Alternatively, Sharpe challenges the sufficiency of the evidence of her specific intent to impede the administration of justice. This indictment alleges enriching the members and associates of the enterprise and generating funds for procuring Nix's release from prison as overall objectives of the conspiracy. Mr. Fabian said that when members demanded an explanation from Mayor Halat, he told them the money had been taken by his law partner at the time, Mr. Sherry, who became a judge shortly afterward, in July 1986. This is a digitized version of an article from The Timess print archive, before the start of online publication in 1996. See id. The Court noted that [i]nsofar as the question is one of legislative intent, the Blockburger presumption must of course yield to a plainly expressed contrary view on the part of Congress. Id. 403 provides that [r]elevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice or needless presentation of cumulative evidence. Holcomb offers nothing to rebut the district court's finding that the proffered testimony's prejudice to the other defendants substantially outweighed its probative value. That morning, Vincent went to court for his normal docket. By then, he was a sick old man in a Mississippi prison missing his family. Many viewers will hear for the first time from the lead investigator on the Sherry case, retired FBI Agent Keith Bell, who is interviewed at length. He was shot in the mouth, shattering his teeth. WebSharpe was Kirksey Nix's girlfriend who worked as a legal aid and helped him run his Lonely Hearts dating scam while he was in prison. Their lives are literally a storyboard on a wall. After serving nine years of his sentence, Gillich was released in July of 2000. Hed buy just boxes and boxes and boxes of these things, she said. They found 345 phone calls between Halats office and the Angola prison in Louisiana. Holcomb died in prison on April 8, 2005. Alternatively, Nix and Halat assert that even if the indictment can be read to allege only one violation, the government proved multiple conspiracies at trial, creating a fatal variance from the one conspiracy alleged in the indictment. The 1996 conspiracy to obstruct justice count also survives the Blockburger test. . ; lounge owner Mike Gillich Jr.; and John. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 1377. He said he walked in far enough to see Vinces body before coming outside and telling a neighbor to call the police. The leader of the fraud? Holcomb argues that, considered as a whole, the district court's evidentiary errors warrant a new trial. Holcomb also contends that his right to a fair trial was similarly prejudiced because he was tried with Nix and Sharpe, both of whom previously had been tried and convicted. After graduating from Western Kentucky State College, she taught in school. But if you know somebody that has gone through a similar battle that youve gone through, that have experienced the same kind of thing and they made it out to the other side, I think it gives you hope., The website the sisters have started is called The People You Think You Know.. They said they had no concrete motive, no concrete suspects, and no plan to drop the investigation.. Halat also met and spoke with those planning the Sherrys' murders. Convictions in Louisiana. Gillich also got 15 years in prison. Halat managed the thousands of dollars that Nix's operation generated, and he gave Sharpe, Nix's girlfriend, free run of his office. In 1991, Sharpe was already in Louisiana state prison for wire fraud. We assess the indictment to determine whether it can be read to charge only one violation in each count. We are here for you and now, better than ever so sit back and enjoy In 1996, the government indicted Nix, Sharpe, Hallat, and Holcomb. However, separate counts based on multiple answers to a rephrased question would be multiplicious. We review alleged Rule 404(b) violations under the two-pronged test of United States v. Beechum, 582 F.2d 898, 911 (5th Cir.1978). Finally, the judge polled the jurors, asking each if they could be impartial, fair, follow the court's instructions, and base their verdict only on the evidence and the law. Both RICO Counts included Racketeering Acts A (conspiracy to commit murder and murder) and B (murder) in violation of the laws of Mississippi. He told investigators that he had refused to kill a woman, so he passed it off to another hitman, but he did provide the murder weapon with a homemade silencer. Prices are climbing. As a result, the government did not prosecute Halat. at 367-68. A reversal based on variance between the indictment and proof requires two findings: (1) that the trial evidence actually proved multiple conspiracies, and (2) that the variance affected a substantial right of the appellant. See Fed.R.Evid. 1958 (West Supp.1998). The show traces the connections that led to the murder: a Louisiana inmate represented by Halat had been scamming homosexuals from behind prison bars, posing in classified ads as a young man looking for love. Jan. 30BILOXI Novelist, journalist and television show host Dominick Dunne takes on Biloxis most notorious murder case Wednesday night on his Court TV show, Power, Privilege and Justice.. See also United States v. Dixon, 509 U.S. 688, 697, 113 S.Ct. He was suspected in many murders, usually men or women set to testify against someone in the Dixie Mafia. Nix was a former leader in the Dixie Mafia, now imprisoned for life in Angola for murdering a grocer in New Orleans in 1972. Copyright 2023 WLOX. The couple, Vincent Sherry of the Second Mississippi District Circuit Court, and his wife, Margaret, were found dead in their home in a quiet north Biloxi neighborhood on Sept. 16, 1987. Halat argues that the government did not show that he knew of the conspiracies, that he was subjectively aware of a high probability of illegal conduct, or that he sought to avoid learning of the illegal conduct. Halat does not contend that his waiver was not informed and voluntary. About Us; Staff; Camps; Scuba. Biloxi Confidential focuses on Pete Halat, who took office as Biloxi mayor in 1989, less than two years after the murders. His skills as a defense attorney really helped him as a judge. The former Biloxi mayor is serving an 18-year sentence for conspiracy to commit racketeering, obstruction of justice, conspiracy to obstruct justice and conspiracy to commit wire fraud.
Sentencing by Federal District Judge Charles Pickering in Hattiesburg is set for Jan. 14. The proffered testimony was: (1) Faubion had a phone conversation with Ransom; (2) Ransom told Faubion that Halat and Nix approached him about killing a judge; (3) Ransom did not mention Holcomb's name; and (4) Faubion did not hear Holcomb's name in conversations with Nix and others. The one-hour segment, called Biloxi Confidential, reminded Dunne of his own sojourn on the Coast, where he was stationed while in the U.S. Army during World War II. But he was convicted along with the others: Mike Gillich Jr., 61, who operates Biloxi's three strip clubs; John Ransom, 64, a reputed enforcer for the mob, and Sheri Lara Sharpe, 36, who worked as a legal aide. I want to just show people that kids are resilient and theyre strong and they can overcome the obstacles, Gilmer said. box provided in the ad, then the scammers would start one of their many ploys to get money out of the gay men. We affirm because the evidence clearly shows that wire fraud conspiracy charged in count 51 did not end with Nix's conviction; rather, the evidence supports a single, on-going conspiracy. The murders were set up by Biloxi striptease lounge owner Mike Gillich Jr., a friend to Halat and Sherry, and a longtime acquaintance of the Louisiana inmates. Former U.S. Attorney George Phillips, whose office first prosecuted the case, is also featured. Nix participated in multiple money making schemes after being locked away, including a lonely hearts scam aimed to swindle gay men. (WLOX) - Vincent and Margaret Sherry were pillars of Biloxi. In 1996, the government indicted Sharpe for and a jury convicted her of seven counts of obstruction of justice3 and one count of conspiracy to obstruct justice. 1999) October 20, 1999 The evidence was sufficient to convict Holcomb of the RICO conspiracy. Ive never really needed that to know what I dealt with and how I lived and what I went through.. When he was eligible for release, hed have to spend three years on probation.
This is one of those things, whether its selfish or whether its not selfish . Ive never chosen a guilty or innocence side, even wanted to know or hear the conversation out of her, she said. The email address cannot be subscribed. There was no obituary for him posted on the funeral homes website. Fourth, Holcomb argues Brett Robertson's (Robertson) in-court identification was too suggestive because of a newspaper article and photo Robertson got from his mother. In prison for life at Louisiana State Penitentiary, Nix ran all illegal activity inside the prison and a lot on the outside. We can now extend to other conditions that may be part of your everyday lives and help you on a broad level if that is what you need. We affirm if a rational trier of fact could have found all essential elements beyond a reasonable doubt. Gillich was not in jail and also called for a meeting with Halat. Evidentiary rulings must be affirmed unless they affect the complaining party's substantial rights. On Sept. 22, 1997, Halat was sentenced for obstruction of justice, conspiracy to obstruct justice and conspiracy to commit mail fraud for his part in the Loney Hearts scam. Sharpe argues that, as a matter of law, perjury at trial alone does not obstruct the clear administration of justice. I hope that people see that that there are so many sides to a story, Gilmer said. Mike Gillich Jr., a former owner of striptease lounges in Biloxi who became a government witness, was released from prison in July 2000 after serving nine years for his role in the conspiracy. Mob members outside the prison, threatening to expose the letter-writers as homosexuals, would demand money, the authorities said. Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. These were prominent people, said Dunne, who has covered the O.J. Enticing Nude Photos. When Nix confronted Halat about the missing money, he blamed it on his law partner Vincent Sherry. She was an active politician on the Coast and was elected to the Biloxi City Council from Ward VII. I dont want to use the word victim, but my sister and I feel victim to my mothers wrath of what she was living., At ages 10 and 6, it all seemed almost normal for Heather and Aimee even the trips with their mother to Angola, Louisianas state penitentiary, If I told you it was all gloom and doom all the time, Id be lying, Eason said. On this record we find that there was sufficient evidence to find that the defendants were involved in ongoing crimes that tolled the limitations period. Nix and his prison syndicate placed ads in gay-focused magazines. WebSheri LaRa Sharpe Sheri LaRa Sharpe News Figure in 1987 Dixie Mafia slaying of 2 dies at 82 May 10, 2012Monica Land0 BILOXI (AP) Mike Gillich Jr., a former Biloxi striptease Shari Sharpe - Lake Havasu City, AZ Real Estate Agent | realtor.com SHERI LARA SHARPE, Defendant-Appellant. . The defendants contend that juror misconduct directly impacting the deliberative process warranted a mistrial.2 We review a district court's decision to hold a hearing to determine whether juror misconduct has occurred for abuse of discretion. We review admission and exclusion of evidence for abuse of discretion. 2407. After seeing the newspaper photo, Robertson advised the government that the photo of Holcomb in the newspaper was the same person he saw driving a Ford on September 14, 1987, the night of the Sherry murder. Later, they said Halat did offer to help pay, but Gillich supposedly told him it was taken care of. And now, four people are awaiting sentencing in Federal District Court in Mississippi for their roles in planning the scheme or the deaths of the judge and his wife. He was 52 years old. Gulfport basketball coach Owen Miller resigns, Two arrested in murder of missing Hinds County man, Louisiana couple accused of taking 2 year old from hospital arrested in Bay St. Louis, Coroner IDs man killed in Gautier shooting, police name wanted suspect, Hancock County parents keep kids home after middle school student threatens shooting, Authorities raid CBD stores in Hancock County, charge business owner with selling controlled substances. Sharpe moved to dismiss the indictment, asserting that: (1) Double Jeopardy barred her prosecution; (2) the substantive obstruction of justice charges failed to state a claim under 18 U.S.C. The elements of a Section 371 conspiracy are: (1) an agreement between the defendant and one or more other persons to violate a law of the United States; (2) an overt act by one of the conspirators in furtherance of the conspiracy; and (3) the defendant's intent to further an unlawful objective of the conspiracy. She was his girlfriend, Sheri LaRa Sharpe. 1503 (obstruction of justice), 18 U.S.C. She was a Biloxi city councilwoman from 1981 to 1985, and she ran for mayor as a Republican in 1985 but lost to incumbent Gerald Blessey. In Louisiana over the past year, a number of prison inmates, along with mob members and relatives on the outside, have been convicted of theft in the extortion scheme. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. ", See the article in its original context from. Specifically, at the 1996 trial, witness Rhodes repeated his Sharpe I testimony that he was contacted by Ransom to kill the Sherrys and that Ransom told him he had carried out the contract killing. See Id. The indictment also adequately notified Halat of the charges against him and does not create a danger of double jeopardy because it specifically includes the statements on which the government relied in prosecuting Halat for obstruction of justice. At the direction of Nix, the scammers paid off guards in order to use the prison telephones. Margaret Sherry - 1987. wife of Vincent Sherry; Russell Raymond Ervin - 1990. [4] Count 10 involves Sharpe's testimony that she never discussed the scam with Gillich. It took thorough investigative work and Mike Gillich Jr. telling all to take Halat down. Each had been shot in the head four times. United States v. Williams, 874 F.2d 968, 976-82 (5th Cir.1989). Police believed the murders were the work of a professional because there was nothing missing from the house and there was no sign of forced entry. However, Fletcher is inapplicable because it involved the issue of a photographic line up prepared by police. First the defendants were well aware of the contradictory testimony during the trial. When: 9 p.m., Wednesday, Dominick Dunnes Power, Privilege and Justice will feature the Sherry murder case in a segment called Biloxi Confidential; repeats at 1 a.m. 1952(a) (interstate travel in aid of racketeering), 18 U.S.C. Bradford OKeefe Funeral Homes in Biloxi [] Advertisements Follow on Facebook Both were natural-born politicians gregarious and well-respected in their community. 3. See United States v. Trammell, 133 F.3d 1343, 1354 (10th Cir.1998). Ms. Sharpe and Mr. They were loosely connected by a willingness to commit any crime, from extortion to murder, as long as there was money to be made. The very case the defendants cite recognizes that there is no due process violation when new significant evidence comes to light that justifies a subsequent prosecution. TimesMachine is an exclusive benefit for home delivery and digital subscribers. See United States v. Mastelotto, 717 F.2d 1238, 1244 (9th Cir.1983). Since Sharpe I new facts have come to light implicating Thomas Leslie Holcomb (Holcomb) and Peter Halat, Jr. (Halat) in the Sherrys' murder. WebSheri Lara Sharpe; Thomas Leslie Holcomb; Peter Halat, Jr.; and Kirksey Mccord Nix, Jr. Also Known As J R, Also Known As Junior, Also Known As Kirk, Defendants-appellants, 193 F.3d 852 (5th Cir. In the interview in August 1989, Mr. Fabian described the scheme in which he said he and other inmates took in hundreds of thousands of dollars. He stepped into the house briefly and then shouted for the neighbor to call the police. For Gilmer, its not about blaming her mother. Nix and Halat moved to dismiss Count 1 as duplicitous, asserting that it alleged multiple conspiracies rather than one RICO conspiracy. . 18 U.S.C. He swore he hadnt killed Vincent or Margaret but had knowledge of the murders and would give details with the condition of immunity. Additionally, the circumstances involved in Count 16 satisfy many of the criteria specified above. Sharpe was sentenced to one year and one week in prison for her part in the Lonely Hearts scam and wire fraud. The indictment charged Nix with racketeering, conspiracy to violate the racketeering statute, fraud, conspiracy to commit wire fraud, money laundering, and conspiracy to obstruct justice. It charged Halat with obstruction of justice, conspiracy to obstruct justice based on false statements made during the 1991 investigation and trial testimony, conspiracy to violate the racketeering statute, racketeering, and conspiracy to commit wire fraud. 1503 (West 1984). [E]ven if we find an abuse of discretion in the admission or exclusion of evidence, we review the error under the harmless error doctrine. Id. Its important for us to have a space to put those things chronologically so things dont kind of meld together that way we can create efficiently and effectively this project that we want to do.. Although the conversation with her confederate occurred before the 1991 indictment, the government did not prosecute Sharpe for that conversation. Sharpe contends that: she was the only defendant not indicted on the drug conspiracy charge which was the primary focus at trial; she was not charged with murder or conspiracy to murder the Sherrys; and evidence with no relevance to charges against Sharpe predominated at trial. When a juror complained to the marshal, the marshal instructed the juror to put his complaints in writing for the court. and I think she was probably trying make our lives better although it happened the wrong way.. Nix was sentenced to 15 years in prison, added to the life sentence he was already serving. The jury was allowed to rule on the conspiracy charge without specifying whether a defendant conspired to murder or defraud or both. everyone but Sharpe was found guilty of conspiracy murder and wire fraud. Please try again. 97-60704 Peter Halat, a Biloxi attorney, maintained a This theory is inconsistent with the government's present reliance on Gillich's testimony that Holcomb, and not Ransom, was the trigger man. John Elbert Ransom, a Nix associate from Georgia, was released from a federal prison in Georgia on Nov. 7, 2003. WebView the profiles of people named Sherri Sharpe. Sheri Lara Sharpe SHERI LARA SHARPE A. 97-3-19 (1972), and Miss.Code Ann. WebSharpe, United States Court of Appeals for the Fifth Circuit In 1991, a jury convicted Nix, Halat, Gillich, Sheri LaRa Sharpe, and John Ransom of wire fraud and conspiracy to commit wire fraud, and it found Nix and Gillich guilty of travel in aid of murder-for-hire. We need not address this argument because Halat waived his right to appeal his sentence in exchange for the government's agreement not to appeal a sentence imposed below the guideline range. Still, the seamy events that led to the slayings of the judge and his wife were astounding, even to law-enforcement officials. When things started going south and the trials started happening, I started feeling very threatened. Gillich admitted that Halat was involved in the scams and the murders. In the television interview, Mr. Fabian also charged that Mr. Nix's longtime lawyer, Mayor Pete Halat of Biloxi, was the banker for the extortion scheme, and that it began to fall apart when $500,000 of the money was found to be missing. The information provided is no substitite for an informed medical professional. Vincent and Margaret Sherry had settled in Biloxi in 1971 after traveling the world. She was a Biloxi city councilwoman from 1981 to 1985, and she ran for mayor as a Republican in 1985 but lost to incumbent Gerald Blessey. Sultan, 115 F.3d at 324. By then, the Dixie Mafia had a hold on Biloxi and surrounding areas. (AP) _ Former Biloxi Mayor Pete Halat Jr. and three other people were indicted today on federal charges in the deaths nine years ago of a judge and his wife, a former councilwoman. RELATED: Daughters of woman connected to Dixie Mafia reflect on childhood. Arguing that the reports were admissible under Fed.R.Evid. Third, Holcomb argues the district court erred by refusing to admit exculpatory FBI lab reports relating to hair, fiber, blood, and print analysis done by FBI lab examiners. BILOXI, Miss. We are excited to announce that FibromyalgiaTreating.com is now part of RedOrbit.com. Baylis also testified that he knew Holcomb in the 1970's when Holcomb was allegedly involved in stealing weapons. Mr. Fabian's statements, raising the possibility of interstate crime, allowed the Federal authorities to enter the investigation and became the foundation for the case, prosecutors said. Ransom was sentenced to 10 years. at 204. Click here to subscribe to our newsletter. Additionally, the jury convicted both Holcomb and Halat for their respective roles in this affair. Officer Osborne, a Texas law enforcement official, testified that he found a .22 caliber pistol and a drawing of a silencer during a search of Holcomb's home in 1988. Mr. Fabian named a fellow inmate, Kirksey McCord Nix Jr., 48 years old, as the mastermind of the scheme and the murders. Nix and Halat argue that the government declared the conspiracy over in Sharpe I in May 1996. Edwin Edwards. Again, Halat does not argue that he was prejudiced by the district court's failure to give a unanimity instruction. Holcomb also got life in prison. Then he went to a halfway house in Hattiesburg and worked as a handyman at an area church. Want more WLOX news in your inbox? So, it was very it was a lot.. 1956(a)(1)(A)(i) (money laundering), 21 U.S.C. After two years in prison, Gillich decided to talk and implicated Halat, who was convicted after a second trial in 1997 for participating in the conspiracy. At the first trial, Gillich insisted that Halat had nothing to do with the homosexual scam or the murders. See 18 U.S.C.A. See id. And the pressure by local and Federal authorities to close off the last vestige of this city's illicit past is continuing. However, Holcomb has not shown that the court was obligated to grant the defendant assistance of an expert under these circumstances. Theyre public figures there.. BILOXI, Miss. 803(6), the business records exception. He testified that, the day after the murders, Cook called Holcomb to ask about the hit. "Peter Halat knew somebody was going to die, and better Sherry than him," Mr. Fabian said. The applicable sentencing guideline, U.S.S.G. We now have access to an enormous amount of additional research information Police found rubber foam around their wounds and the floor around their bodies. We review a district court's denial of severance for abuse of discretion. Nixs inside connection was LaRa Sharpe, his girlfriend who worked in the Sherry-Halat law firm. 25 Feb/23. You know, I dont want to say like a hero, but he was always very kind to my sister and I. October 22, 1996. 1999) Annotate this Case U.S. Court of Appeals for the Fifth Circuit - 193 F.3d 852 (5th Cir. We affirm if a rational trier of fact could have found all essential elements of the crime beyond a reasonable doubt. In a lot of ways, I kind of considered, as a child, Kirksey as a really nice man, Eason said. The purposes of the enterprise included enriching the members and associates of the enterprise and generating funds for procuring Nix's release from prison. We affirmed these convictions in Sharpe I, 995 F.2d 49 (5th Cir.1993). On Sept. 14, 1987, Vincent and Margaret Sherry were shot point blank multiple times in the head by a hit-man in their North Biloxi home. To prove obstruction of justice the government must show an intent to endeavor to impede the due administration of justice. The district court permitted Officer Denike to confirm the details of Holcomb's Florida arrest. Halat's acts of concealment, such as committing perjury, clearly were acts done in furtherance of the main criminal objectives of the conspiracies. When Coast residents were getting frustrated that the murders werent solved within a few days the Biloxi public safety director said it would take time due to the professional nature of the crime. As a result of this new information a grand jury issued a fifty-two count indictment against Nix, Holcomb, Halat, and Sheri LaRa Sharpe (Sharpe). After all, Kirksey Nix provided the family with a house in Ocean Springs after Sharpe divorced her husband and moved from Chicago. See Garrett v. United States, 471 U.S. 773, 778-79, 105 S.Ct. See United States v. Felix, 503 U.S. at 387, 112 S.Ct. However, if an indictment is duplicitous and the defendant is prejudiced, then the conviction may be subject to reversal. First, Holcomb maintains that the trial court erred by excluding the testimony of Bobby Joe Faubion (Faubion). As the investigation continued, some people told the police that Vincent had received threats since he had started practicing law in Biloxi, but Halat said Vince never told him about any threats. 1343 (West 1984); United States v. Powers, 168 F.3d 741, 746 (5th Cir.1999). Dixie Mafia leader Mike Gillich Jr. helped to plot the murders. Nix is still alive today, and is imprisoned at the Federal Correctional Institution in El Reno, Oklahoma. Authorities also found prison records that showed Halat had been meeting with Nix in prison around the same time the phone calls began. They would blackmail closeted gay men by threatening to out them. Gillich insisted that Ransom was involved in the planning of the murders, but did not actually kill the Sherrys. As the show points out, Margaret Sherry had intended to run for the office.
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