Pvt. John Bennett is the Only U.S. Soldier Executed for Rape in Peacetime. He Was Mentally Troubled and Black. Six White Murderers Were Also on Military Death Row. They Were Spared.
Richard A. Serrano is a Staff Writer in The Times’ Washington, bureau. He last wrote for the magazine about the bombing of the Oklahoma, City federal building, which was also the subject of his book, “One of, Ours,” published in 1998 by W.W. Norton
“Rain always frightened him, and on the night he was hanged in a military prison in Kansas, a rolling prairie thunderstorm was kicking up outside. That was four decades ago. Pvt. John Bennett had just turned 26. He went to his death perhaps more terrified of the thunder and lightning than of the gaunt hangman waiting upon the gallows.
News of the hanging scarcely made the papers. Executions then, like today, were commonplace, so much so that his story has never been told. But he is the last member of the U.S. Armed Forces to be executed. And he is the only serviceman hanged for rape during peacetime.
America is once again examining the death penalty, spurred by the most damning evidence in history that innocents have been sentenced to die. Advances in DNA testing and other revelations have overturned scores of death sentences in recent years, raising fresh doubts about American criminal justice, especially for minorities, who make up the majority of death row prisoners.
As a result, the death penalty issue looms larger in presidential politics than it has for a generation. Both major party candidates favor death sentencing, and Republican nominee George W. Bush has given it special emphasis. He expresses confidence in his state’s handling of capital cases and says that not one innocent man has been executed on his watch as governor of Texas.
The issue also has landed in the Oval Office, where President Clinton delayed by four months the federal government’s first scheduled execution since 1963. Juan Raul Garza will now have until Dec. 12–a date notably after the presidential election–to seek clemency. Garza’s attorneys say they will argue that the criminal justice system discriminates against minorities.
Amid the chatter, national opinion polls have found that while most Americans still favor death sentencing, the support is diminishing. Even its proponents question the role that race, mental illness, poverty, politics and the quality of legal representation play in death penalty cases. All those factors were present on that stormy night in April 1961 inside the U.S. Disciplinary Barracks at Ft. Leavenworth. Was the system broken back then? Has it been fixed since?“
Read more from Richard A. Serrano (LA Times) here or here and check out Serrano’s book ‘Summoned at Midnight: A Story of Race and the Last Military Executions at Fort Leavenworth’here.
Offender: Troy Graves, 29, US Air Force service member Victims: Shannon Schieber, 23, University of Pennsylvania student (rape/homicide), multiple rape victims in Pennsylvania & Colorado
Circumstances: Shannon Schieber was enrolled as a Phd. student at the Wharton School of Business, on May 7, 1998, Shannon was studying for exams when a neighbor heard what sounded like cries for help, he called 911 to report that his neighbor was asking for help, the police arrived but no one answered the door and the neighbor backed off his statement, they searched the property and the neighbor said it could have been outside so they left, Shannon’s brother showed up the next day and Shannon didn’t answer the door, the neighbor told her brother what he heard the night before, they broke into the apartment and found Shannon naked on her bed, Shannon was strangled to death and it appeared she tried to fight off her attacker, police found DNA at the scene, DNA ruled out those close to Shannon, Shannon’s parents were outraged that the man who killed their daughter was in the apartment when the police knocked on her door, but the police did their job right and by the book, a few days before the murder, Shannon reported being followed home one night, she was scared, so police started investigating the stranger angle, perhaps this is a serial rapist, they look into sex crimes in the area, they want to match the DNA to other sex crimes in the area.
In February 1999, they got a DNA match, 2 other sexual assaults had occurred but they were coded as misdemeanors, the assaults occurred just a few blocks from Shannon’s apartment, in June and July 1997, two more sexual assaults were connected to the offender bringing the total to 5, the PPD coded these sexual assaults as misdemeanors as well, they downgraded the offenses because it lessoned the load for the police, and made the arrest rate look better than it was, Shannon’s case helped enact change in Philadelphia, if they had investigated these cases, everyone would have known there was a serial rapist, Shannon would not be dead if she knew what was going on, the DNA still didn’t have a match to the offender, in 1997, a sketch was drawn from the recollections of the first victim, they got a new composite, this offender would enter the home, hold the victim down on the bed, rape them or make them perform oral sex, it was about control and domination for this guy and he was also somewhat of a romantic, once they acquiesced, he would treat them like a date, he would get comfortable with the victims, they determined he was a light skinned black male based on information he shared with one victim about his life growing up with bi-racial parents.
He was dubbed the Center City rapist, in August 1999, no other cases were reported since Shannon’s murder, the case went cold, the police got a bulletin in 2001 from Fort Collins, Colorado, the offenders modus operandi sounded familiar to the Philadelphia PD, on June 13, 2001, one victim was home when she was attacked from behind and raped, after she acquiesced, the rapist became gentle as if he was a boyfriend, after he left, she called 911, she was his third victim in Fort Collins, they were all blitz attacked, FC police were investigating a serial rapist, a fourth & fifth rapes were reported, he made a mistake and left behind a ball cap at the fifth victims home, Fort Collins DNA was matched to the rapes in Philadelphia, PPD gave FCPD the composite drawing, police received a letter in the mail from the suspect, he was taunting them, in the fall of 2001, the attacks in Fort Collins stopped, meanwhile the PPD started focusing on cross referencing names of suspects with the two geographic locations, they got a match for Air Force service member Troy Graves, he was in Philadelphia, Fort Collins, and now at Warren AFB in Cheyenne, Wyoming, in 2002, the police had the new suspect in their sites.
The police learned that Troy was also investigated by the Office of Special Investigations, it was over charges of harassing a female colleague, the charges were dropped but there was still something suspicious there, Graves has a clean criminal record and no finger prints on file, the case was circumstantial, they reached out to Graves to come to the police department and do an interview, Troy Graves and his wife showed up to the Fort Collins PD, the police immediately separated the couple, his wife admitted that he had insomnia and went for walks and drives at night and that honestly she thought he was having an affair, meanwhile Troy denied knowing anything about the crimes, the police confronted him about the rapes in Fort Collins, he denied being arrested for any sex crimes, he denied being investigated by the Air Force, he did not want to provide his fingerprints but a warrant was issued to compel him, the fingerprints were a match, Troy Graves was arrested and booked into custody on April 23, 2002, this case changed the PPD policies on sexual assault to include how evidence is handled and how the victims are treated and interviewed.
Disposition: Troy Graves feared a trial would not go in his favor in Fort Collins, Colorado, he pleaded guilty in exchange for a life sentence without the possibility of parole; Pennsylvania wanted to seek the death penalty but Shannon’s family did not want that because Shannon wouldn’t have wanted that, Graves entered into a plea agreement and got life in prison plus sixty years
Notable Quotes: “We have to change the system but not put people to death.” -Vicki Schieber (Shannon’s mom)
In 1998, a gifted Philadelphia graduate student is found murdered in her bed. The hunt for her killer forces police to reevaluate a series of unsolved crimes, turning the city upside down. Will her killer be caught or will he strike again? -Terror in Philadelphia, People Magazine Investigates (S3,E2)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
Preview: Seeking freedom from his controlling wife, Dennis Hawley begins seeing drug-addicted prostitute Brandita Taliano and supporting her financially. In 1993, when Joan receives an inheritance and makes plans to divorce, Dennis, fearing financial ruin, enlists his lover to help murder his wife. -Second Best, Deadly Women (S8, E10)
Air Force retiree Dennis Dawley, 61, with the help of prostitute and mistress, Brandita Taliano, bludgeoned to death his wife Joan Dawley of 35 years for financial gain in Van Nuys, California. Joan wanted a divorce and Dennis and Brandita wanted her inheritance money. The 1991 case went cold for years until DNA technology under Joan’s fingernails yielded a match to Brandita Taliano. Both Dennis and Brandita were charged with murder, conspiracy & solicitation and faced the death penalty. On April 15, 1997, a California jury sentenced Dawley and Taliano to life in prison without the possibility of parole. The pair were spared the death penalty because they didn’t have any prior violent felony records and the jury heard the emotional pleas from Dawley’s daughters.
Investigation Discovery:
Being the other woman’ is a lonely life. Some turn rejection into rage. A call girl craved the high life, a teen mom eradicated her rival, and a lesbian love affair ripped a family apart. These Deadly Women refused to play Second Best’. -Second Best, Deadly Women (S8, E10)
In suburban California, an intruder brutally attacks and kills Joan Dawley. As the Dawley family grieves, it’s up to LAPD detectives to crack the case. Secret home movies uncover a shocking tale of deceit, and a monster lurking behind the scenes. -Stages of Grief, American Monster (S3, E1)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
Fort Bragg, North Carolina, had seen it all before – when Dr. Jeffrey MacDonald was convicted of savagely slaying his wife and children. Now another officer’s wife had been raped and murdered, another pari of children viciously butchered. And another member of the military was brought to trial. This time the state had no trouble winning a conviction. Tim Hennis was found guilty and sentenced to death. Only Hennis’ parents, wife, and dedicated defense team refused to give up. Piece by piece they ripped the state’s case to shreds, revealing a stunning story of perversion of justice, false witnesses, hidden evidence, and, incredibly, a baby-sitter who had a fascination with Dr. Jeffrey MacDonald. With the brutal truth and chilling suspense of Fatal Vision, this riveting account recreates a vicious crime, the behind-the-scenes story of its investigation, the compelling drama of one of the very few men ever released from Death Row, and an unsolved mystery that still casts a spell of terror. (Innocent Victims by Scott Whisnant)
Book Review:
I read the Innocent Victims book while I was camping and honestly I could not put it down. I was reminded of it while listening to the Military Murder Podcast and inspired to read it because of the level of detail available in the book. It was a great read because there were so many twists and turns in the case. If I didn’t know about the fact that a DNA match to Timothy Hennis helped prove his guilt in a 2010 military trial, I would have been convinced Timothy Hennis was wrongfully convicted. Timothy Hennis was luckier than most because he had the staunch support of his adopted family and wife Angela, who all believed wholeheartedly in his innocence. This case is one for the history books because it’s not every day someone is found guilty in a civilian trial, then found not guilty in a civilian trial on appeal, and then tried again by the military in a third trial and found guilty. Timothy Hennis was sentenced to death and is one of four service members languishing on military death row. The military hasn’t executed anyone since they hanged Army Pvt. John Bennett on April 13, 1961.
Journalists and scholars have questioned the military’s ability to try someone found not guilty in a civilian court because of the double jeopardy concerns. Due to the fact that Timothy Hennis was found not guilty in a second civilian trial, he was allowed to resume his career in the U.S. Army and retired as a MSG in 2004. As far as we know, Timothy Hennis committed no other crimes and was well respected by those he served with. It would be because of his retirement from the military, the Army was able to bring him back on active duty status and try him in a third trial for the murders of the Eastburn family. This practice is also controversial. On appeal Timothy Hennis challenged the military’s jurisdiction to recall him to active duty status to prosecute him and questioned the double jeopardy concerns. In January 2020, an Appeals Court decided military retirees can be recalled to active duty status and court-martialed. In February 2020, the U.S. Court of Military Appeals rejected Hennis’ constitutional rights challenges to the military court’s jurisdiction to try him.
MILITARY JUSTICE FOR ALL 