Indiana Death Row



DOB: 08-14-1947 DOC#: 873051 White Male

Marion County Superior Court
Special Judge Alfred W. Moellering

Prosecutor: Scott Newman, John V. Commons

Defense: Ellen O'Connor, Arnold P. Baratz

Date of Murder: February 5, 1993

Victim(s): Michael Greene W/M/43 (ISP Officer)

Method of Murder: shooting with .25 handgun

Summary: An ISP Dispatcher was requested via radio by Trooper Greene to run a records check on Tommy L. McElroy and Norman Timberlake. she responded that Timberlake was not wanted, but there was an outstanding warrant for McElroy. Trooper Greene advised that he would be outside the car securing the subject. Two minutes later a female voice came over the radio stating, "Help. An officer's been hurt." A number of passersby along I-65 gave various eyewitness accounts. Most had seen the officer attempting to put handcuffs on a heavyset man while a skinny man with stringy hair watched nearby. Two witnesses observed the skinny man lunge toward the officer, sticking his right hand up, and the officer fell. McElroy is a heavyset man, Timberlake is very thin. Officer Greene was found to have died from a single gunshot wound to the chest. A muzzle burn was noted on his chest. Later the same afternoon, an Ameritech operator received a call from a Norman Timberlake requesting to make a collect call from a pay phone. The operator was aware of the shooting, and aware that police were looking for Timberlake. She called the police, who responded to the scene of the pay phone. The man in the booth was asked his name. He responded that he had no name, and reached with his right arm. The officers grabbed him and recovered a .25 automatic handgun from his right pocket. This gun was tested and confirmed to be the murder weapon. The man was Timberlake. McElroy testified at trial that Timberlake shot the trooper while he was being taken into custody, then both of them jumped in the car and Timberlake said, "drive." Another man, who was with Timberlake and McElroy for a few days earlier, testified that the gun was his and Timberlake had taken the gun from him.

Trial: Information/PC for Murder filed (02-08-93); Amended Information for DP filed (02-18-93); Voir Dire (07-10-95, 07-12-95); Jury Trial (07-13-95, 07-14-95, 07-15-95, 07-17-95, 07-18-95, 07-19-95, 07-20-95); Verdict (07-20-95); DP Trial (07-21-95); Verdict (07-21-95); Court Sentencing (08-11-95).

Conviction: Murder, Carrying a Handgun (A Misdemeanor)
Escape (B Felony) dismissed upon State's request at trial.

Sentencing: August 11, 1995 (Death Sentence)

Aggravating Circumstances: law enforcement victim

Mitigating Circumstances: None

Direct Appeal:
Timberlake v. State, 690 N.E.2d 243 (Ind. 1997)
Conviction Affirmed 5-0 DP Affirmed 5-0
Selby Opinion; Shepard, Dickson, Sullivan, Boehm concur.
Timberlake v. Indiana, 119 S.Ct. 808 (1999) (Cert. denied).

Timberlake v. State, 679 N.E.2d 1337 (Ind. May 15, 1997)
(Direct appeal of 111 year sentence and convictions for unrelated Robbery, Confinement, Carrying a Handgun and Habitual Offender finding, committed the day before murder - Convictions affirmed, but remanded for resentencing.)

PCR Petition filed 06-02-98.
Hearings held to determine competency and/or whether Timberlake has had a mind-control device surreptitiously implanted by the U.S. Marines.
Timberlake found competent and PCR denied 12-27-99 by Special Judge Steven Nation.

Timberlake v. State, 753 N.E.2d 591 (Ind. August 20, 2001)
(Appeal of PCR denial)
Affirmed 5-0, Boehm Opinion, Shepard, Dickson, Sullivan, Rucker concur.
Timberlake v. Indiana, 123 S.Ct. 162 (2002) (Cert. denied).

Petition for Writ of Habeas Corpus filed 11-18-02 in U.S. District Court, Southern District of Indiana.
Petition for Writ of Habeas Corpus denied 03-24-04 by U.S. District Court Judge Richard L. Young.

Timberlake v. Davis, 409 F.3d 819 (7th Cir. May 27, 2005) (04-2315).
(Appeal of habeas denial; Affirmed 3-0)
Frank H. Easterbrook Opinion; Kenneth F. Ripple, Daniel A. Manion concur.
Timberlake v. Davis, 418 F.3d 702 (7th Cir. August 1, 2005) (Reh. denied).
Timberlake v. Buss, 126 S.Ct. 1910 (2006) (Cert. denied)


As of July 1, 2006

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