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They found that he had taken a class at Harris County Community College and had asked his teacher how much poison it would take to kill certain types of animals. Fortunately, we do not have to resolve the question whether and to what extent we should defer to the state court's findings because we have concluded that even if we proceed under the more exacting standard resulting from de novo review, the trial judge's exclusion of the three jurors in this case was proper under Witherspoon. Let me begin then by asking you whether or not you have any conscientious, moral or religious scruples against the imposition of the penalty of death in the electric chair? Let me say that morally, I do, and I don't think that I am capable of issuing a penalty of death to any man. But under the law I must ask you this further additional question, Reverend, which is, I take it from your answer that you cannot imagine a case of murder where you could, as one of twelve jurors, vote to send someone to the electric chair as a punishment for their offense even though it was authorized by statute?

They also had a witness claiming that OBryan came into the wholesale chemical store where he worked, inquiring about cyanide. Ed.2d 751 (1961) (habeas case in which Supreme Court held that juror bias is "mixed [question of] law and fact" and therefore, it was duty of court of appeals to "independently evaluate the voir dire testimony of the impaneled jurors") (quoting Reynolds v. Since a Witherspoon challenge is a form of a challenge for juror bias, Smith would seem to indicate that a state court's factual findings with respect to a juror's willingness to impose the death penalty should be entitled to a presumption of correctness under section 2254(d).

It was later found that his father was the culprit. We submit that the juror is not qualified, Your Honor. Because of your moral or religious scruples, would you, if you were a member of the jury, would you automatically vote against the imposition of capital punishment no matter what the trial revealed?

Bates said that he would wait on the sidewalk while OBryan would go up to the doors with the children.

They went up to one house where a wall was concealing the front door.

When nobody answered, the children ran off to the next house. Now, I don't want you to get angry with me and I'm not trying to argue with you, but I have to ask you for your answer, because this lady is taking down your testimony at this time for the record.

OBryan appeared from behind the wall a few seconds later with five straws, about 20 inches long, filled with flavored sugar, called Pixie Sticks. I take it then from your answer that because of your religious and moral principles and feelings that you are certainly entitled to have, you cannot imagine a case where you would vote for the imposition of death in the electric chair.

He claimed that the residents of the house had answered the door and given the candy to him for the children.

To keep creating new content, we kindly appreciate any donation you can give to help the Murderpedia project stay alive. This execution is one of those wrongs yet doesnt mean our whole system of justice is wrong. Therefore, I would forgive all who have taken part in any way in my death. And of course there's a lot of steps to go to between the time you start trial and the time you end the testimony and the defense puts on their testimony and of course, there's a finding of guilt. That was the opinion of attorney Michael Hinton and possibly many concerned parents across the country, referring to the poisoning of a little boy on Halloween, 1974. 31st , neighbors OBryan and Jim Bates, of Deer Park, Texas, took their children out trick-or-treating. Would you personally, if you were a member of a jury, would you automatically vote against the imposition of the death penalty no matter what the trial revealed? Later that night, Timothy OBryan would die from eating poisoned candy. Wells, let me ask you a question before they have the right to ask you questions. Those, along with pieces of plastic from the Pixie Sticks found in his house, were enough for the jury to find him guilty. The Court's requirement of strict adherence to Witherspoon, however, see, e.g., Davis v. Austin, 663 F.2d 558, 562-64 (5th Cir.1982), aff'd in relevant part, 695 F.2d 124 (5th Cir.1983) (en banc); Granviel v. Ga.1980) (noting trial judge's opportunity to observe and listen to juror, but engaging in independent analysis of Witherspoon challenge), rev'd on other grounds, 669 F.2d 222 (5th Cir.1982), cert. In his closing statement, Driscoll called this incident the high-water mark of shame in our community. Timothy O'Bryan's name may have faded from popular memory, but 30 years ago this Sunday his death shocked the country and earned the culprit the nickname "The Man Who Killed Halloween." The 8-year-old Deer Park boy died Oct. Georgia, (death sentence must be set aside even if only one prospective juror is excluded in violation of Witherspoon), leaves us with some doubts about whether the Court would apply the traditional juror bias standard of review to a Witherspoon challenge. Estelle, 655 F.2d 673, 677-78 (5th Cir.1981); Burns v. [...] The decades-old idea that depraved strangers are targeting children with tainted Halloween candy, however, is more fiction than fact, says a sociologist who has studied the phenomenon for 20 years. Like the Supreme Court, however, the lower federal courts, without expressly establishing a standard of review, appear to engage in a de novo review of Witherspoon challenges in federal habeas proceedings. University of Delaware Professor Joel Best said he has yet to find a case in which a stranger deliberately poisoned trick-or-treaters. The ambulance, which was already in the area, arrived within minutes. Then, I believe we must [be] somewhere between our hypothetical case where you can imagine a jury doing it? Timothy had eaten the Pixie Stick, which had cyanide in it. After an investigation, OBryan was charged with the murder of Timothy.

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