TIMBERLAKE, NORMAN H. # 83
ON DEATH ROW SINCE 08-11-95
DOB: 08-14-1947 DOC#: 873051 White Male
Marion County Superior Court
Judge Alfred W. Moellering
Newman, John V. Commons
Defense: Ellen O'Connor,
Arnold P. Baratz
Date of Murder: February
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)
law enforcement victim
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)
AWAITING SETTING OF EXECUTION DATE.
As of July 1, 2006