February 1, 2021 • 41 mins
On 4th March 1989, Shirley Gibbs Russell went missing from her officers’ quarters in Quantico, Virginia. She was a Captain in the US Marine Corps. She has never been seen since. A 26 step plan to commit the perfect murder would point officers in the direction of Shirley’s killer. This would be the first case in US history where a person was convicted in a federal court of first-degree murder without a body, a crime scene or a weapon.
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Music is Drumming in the Rain Instrumental by Chad Crouch
Resources:
http://www.missingveterans.com/1989/shirley-gibbs-russell/#:~:text=Shirley%20Gibbs%20Russell%2C%20a%20Captain,Base%20on%20March%204%2C%201989.&text=Foul%20play%20is%20suspected%20in,murder%20of%20Shirley%20Russell%20Gibbs.
https://charleyproject.org/case/shirley-gibbs-russell
https://www.pennlive.com/midstate/2013/10/schuylkill_county_native_conti.html
https://apnews.com/article/742c3dee2d2f6704c0df16b6fdf080d9
http://paoddities.blogspot.com/2020/02/marine-corps-murder-sensational-trial.html
https://law.justia.com/cases/federal/appellate-courts/F2/971/1098/72087/
Website: https://thestudentsverdict.wixsite.com/mysite
Email: thestudentverdict@gmail.com
All Links: https://linktr.ee/thestudentverdict
Merchandise: https://www.bonfire.com/the-students-verdicts-first-collection/
Patreon: https://www.patreon.com/thestudentverdict
Buy Me A Coffee: https://www.buymeacoffee.com/studentverdict
Music is Drumming in the Rain Instrumental by Chad Crouch
Resources:
http://www.missingveterans.com/1989/shirley-gibbs-russell/#:~:text=Shirley%20Gibbs%20Russell%2C%20a%20Captain,Base%20on%20March%204%2C%201989.&text=Foul%20play%20is%20suspected%20in,murder%20of%20Shirley%20Russell%20Gibbs.
https://charleyproject.org/case/shirley-gibbs-russell
https://www.pennlive.com/midstate/2013/10/schuylkill_county_native_conti.html
https://apnews.com/article/742c3dee2d2f6704c0df16b6fdf080d9
http://paoddities.blogspot.com/2020/02/marine-corps-murder-sensational-trial.html
https://law.justia.com/cases/federal/appellate-courts/F2/971/1098/72087/
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Episode Transcript
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(00:11):
On the fourth of March nineteen eightynine, Shirley Gibbs Russell went missing from
her officers quarters in Quantico, Virginia. She was a captain in the US
Marine Corps. She has never beenseen since. A twenty six step plan
to commit the perfect murder would pointofficers in the direction of Shirley's killer.
(00:32):
This would be the first case inUS history where a person was convicted in
a federal court of first degree murderwithout a body, a crime scene,
or a weapon. Hey everybody,and welcome to episode twenty two of the
(00:57):
Student's Verdict podcast. Thank you forjoining me on another true crime adventure.
To all of you new listeners,welcome, pull up a chair. My
name is Emily and I'm your host. If you haven't already, please go
and listen to some of our earlierepisodes, including the Deadly Drug Trial,
the kidnapping of Marita Varan, andLarissa Shuster, the Acid Lady. Please
(01:19):
follow me on all the socials.That's Instagram at the Student Verdict Pod,
Twitter at Student Verdict, and onFacebook, where I have a page and
a group for us to chat andshare. If you missed anything I just
said, links or in the shownotes. As always, if you enjoy
the show, please consider leaving mea review. If you don't like the
(01:41):
show, then please keep your opinionsto yourself. As always, resources used
in this episode will also be linkedin the show notes. In the show
notes, you'll find links to theStudent's Verdict, merchandise, and my Patreon
page. Any support you'd like togive is hugely appreciated. It. With
all of that said, let's jumpinto today's episode. Shirley Gibbs met her
(02:06):
future husband, Robert Peter Russell,while the two were stationed at Paris Island
Marine Corps Base in South Carolina.During this time, Robert was a Marine
Corps captain and was married to hisfirst wife, Pamela. The couple was
divorced in April nineteen eighty seven,and three months later, Robert was transferred
(02:29):
to Gulfport Naval Base in Mississippi.While stationed here, he continued his relationship
with Shirley. It was also saidhe became romantically involved with a number of
other women at the same time.Two months after Robert arrived in Gulfport,
he and Shirley were married. Unfortunately, their marriage was not a happy one.
(02:52):
It was reported that there was abusein the marriage. According to witnesses,
Robert would often use racial slurs againsthis wife and often worried what his
marine friends would think when they foundout who he was married to. As
well as abuse, there were theextra marital affairs. Shirley consulted marriage counselors
(03:14):
on at least eight different occasions duringher short marriage to Robert. In July
nineteen eighty eight, the couple wastransferred to the Quantico Marine Base in Virginia.
Shirley and Robert were both officers inthe Marine Corps, but where Robert
was just getting by in his job, Shirley excelled where she was seen as
(03:36):
a good candidate for the rank ofmajor. Her husband, in contrast,
was discharged from the Marine Corps justtwo months after arriving at Quantico. He
was discharged under other than honorable conditionsbecause of unauthorized periods of absence, unauthorized
use of government telephones, and fraudulentclaims against the government. At the time
(04:00):
Robert's discharge became effective, he andShirley were living in Quantico. Following his
discharge, Robert took a job asa special education instructor at a local high
school, and soon thereafter began aromantic relationship with a woman by the name
of Sandy Flint, a colleague ofhis at the school. During moments of
(04:21):
intoxication, it was said he braggedto friends about his affairs. While in
his sober moments, he was plaguedby his own insecurities, which led him
to planting surveillance devices in his wife'scar and keeping a close eye on her
every move. As you can probablyimagine, all of this added strain to
(04:41):
an already struggling marriage. Unsurprisingly,Robert and Shirley eventually decided to go their
separate ways after only a year ofmarriage. Following their separation, the couple
sought separate accommodation, and on thetwenty eighth of February nineteen eighty nine,
Shirley moved into the bachelor officers quartersat Quantico. Robert moved into Sandy Flint's
(05:05):
Dale City residence on the second ofMarch nineteen eighty nine. Because Robert and
Shirley had vacated their married officers quarters, the quarters had to be inspected,
so the couple arranged to meet attheir old quarters on the morning of Saturday,
the fourth of March in order toprepare for the inspection, which was
(05:28):
scheduled for Monday the sixth, Shirleyhad asked her sister, Deretha Sogren,
to drive up from Virginia Beach tobe with her while she was preparing to
move out of the quarters. Shemay have wanted her sister because of the
move, or it may have beenbecause her separation would soon be finalized,
as Shirley had picked up the finalmarriage settlement the day before. Unfortunately,
(05:51):
her sister was unable to make thetrip as Deretha's employer had asked her to
work that Saturday morning. Saturday,the fourth of March was a cold and
rainy day. Just before nine am something strange happened. Doretha, Shirley's
sister, received a telephone call fromher soon to be ex brother in law.
(06:15):
Although he identified himself as Lieutenant ColonelHodges, who was Shirley's commanding officer.
Robert asked Doretha if she knew whereher sister was. Doretha was not
stupid and immediately recognized Robert's voice andsaid, Bob, I know this is
you. Why are you playing gameswith me? You should know where Shirley
(06:35):
is because you were right there inQuantico with her. Later that morning,
at around eleven a m. Robertleft Sandy Flint's residence after telling her he
was going to meet Shirley at theirOld married quarters. Ronda McCumber, who
lived in the quarters adjacent to theRussells, testified that she saw Shirley outside
their quarters at about noon that day. Shirley her plan to have lunch with
(07:00):
Captain Patrese Gail after her meeting withRobert, and had agreed to meet Gail
at Shirley's bachelor quarters. So atapproximately one twenty PM, Gail made her
way to meet Shirley. When shediscovered that Shirley wasn't at her bachelor quarters,
she drove over to the Russell's OldMarried quarters. When she arrived,
Robert told her that Shirley had walkedto the Marine Corps Exchange to purchase paint.
(07:26):
Gail would later testify that Robert wasflushed and sweating profusely. After Gail
left the Russell's Old Married Quarters,Chief Warrant Officer Kenneth Schilco invited Robert into
his quarters, where the two mentalked and drank coffee for more than an
hour. Shilco would later testify thathe did most of the talking and that
(07:49):
Robert seemed distracted as he kept concentratingon a clock that hung on the wall
in Shilcoe's quarters. After the visit, Robert return turned to Sandy Flint's residence
and showered. By this time,it was approximately three PM. After showering,
Russell called his parents in Saint Clair, Pennsylvania, and asked about the
(08:11):
weather. Shortly before five PM,Robert left Quantico and headed to his parents
home. Although he owned an openbed pickup truck, instead of taking that,
he drove Sandy's car, which wasa blue four door Mercury Tracer station
wagon. The neighbor Ronda McCumber testifiedthat she saw a small blue station wagon
(08:37):
backed into a parking space near thedoor of the storage shed adjacent to the
Russell's old quarters at approximately five pm. Sometime between nine thirty and eleven PM,
Robert again called Deretha and again askedwhether she knew of Shirley's whereabouts.
Again, she told Robert he shouldknow where is. Robert told Deretha he
(09:01):
had not seen Shirley since she leftfor the Marine Corps. Exchange. He
then said, quote, you know, me and Shirley got really close this
weekend. Deretha was having none ofit, though, and said quote,
right, I know better than that, because I know that Shirley wasn't going
to get back with you. Robertthen said, quote, you know,
(09:24):
Shirley is really at peace with herself. After this comment, Deretha terminated the
call. It's reported that Sandy Flintdidn't see Robert again until the morning of
Monday, the sixth of March.When Robert returned Sandy's car, she noticed
that it had been cleaned, butnot just cleaned. It had also been
(09:46):
waxed and vacuumed, and had adeodorizer hanging from the rear view mirror.
Sandy would later testify that although Roberthad borrowed her car in the past,
this was the first time he hadhad the car cleaned before returning it.
That same morning, Robert asked Sandy'sfather in law, Robert Flint Senior,
(10:07):
how he could remove bloodstains from concrete. Robert Flint, a civilian painter at
the Quantico Base, told Robert heshould try cleaning the concrete with muriatic acid
before we get any further into thisstory. I'd like to just pause a
second to introduce you to some friendsof mine who have a great podcast called
(10:30):
Twisted and Uncorked. This is oneyou won't want to miss out on.
Hello, Twisted Humans. This isthe podcast who are two best friends,
chat whue crime and have a glassor two of wine. I'm Alicia and
I'm Caitlin and this is twistlan Corked. So join us every week for casual
(10:54):
Tuesdays where we release a new episode. We are now available on our platforms,
including five Apple podcasts, in Google, Blow, rate, review,
and subscribe Cheers Cheers. That sameMonday, Shirley failed to show up for
duty, and she missed an appointmentwith a Navy chaplain who had promised to
(11:18):
help her with her income taxes.No one had heard from Shirley since the
fourth of March. Her driving licenseand passport were also missing, her credit
card, savings and checking accounts hadall been inactive, and the property she
had placed in storage remained untouched.Shirley Gibbs was reported missing on the seventh
(11:41):
of March after failing to report toMarine Corps Combat Development Command. Any time
a marine fails to report for workwithin forty eight hours, it's assumed that
he or she is a wall.However, since Shirley was known for her
promptness and strong work ethic, herabsence was regarded as suspicious. After the
(12:05):
Naval Investigative Service failed to locate Shirley, the matter was turned over to Special
Agent Wayne Gilbert of the Philadelphia FBIoffice. On the eighth of May nineteen
eighty nine, Jane and Barry Zimmermanhad just returned from Pottsville to their fifty
two acre cattle farm when they wereshocked to find it crawling with dozens of
(12:30):
FBI agents who were meticulously searching theproperty while black helicopters hovered over the farm
at a low altitude. The FBIagents occupied the property for over a week,
using bloodhounds, metal detectors, andinfrared cameras. It wasn't until the
search was completed that the Dimmomans realizedthat they had been looking for the missing
(12:54):
wife of a disgraced ex marine.The search, which covered more than two
thousand acres between Mahonoy City and SaintClair and involved eight helicopters and more than
one hundred agents, was described asa high priority assignment. A second search
took place on the twenty eighth ofAugust, this time focused on the mine
(13:18):
stripping area west of the Burma Roadnear the German Protestant Cemetery in Mahonoy Township.
Once again, this investigation drew uponthe resources of multiple local law enforcement
agencies and included the State Police Knine unit. Several amateur sleuths and treasure
(13:39):
hunters would also join the search armedwith metal detectors. There was a buzz
at one point during the investigation whenofficers found part of a blue Volleu sweatshirt
on a coal bank. It wasreported that Shirley had been wearing a similar
blue sweatsuit when she was last seen. The item was turned over to the
(14:01):
FBI for analysis, but would laterprove not to be a match. As
agents conducted their search, Robert wasstaying at his parents' home in Saint Clair
when agents arrived at his parents' door. Robert seemed to be baffled by his
wife's disappearance, claiming that he findsout what's going on through the newspaper and
(14:22):
the TV. He said that hewas going to give state and federal authorities
his full cooperation and told reporters thathe believed his wife was still alive,
saying, quote, just like othercouples, we've had our ups and downs,
but I love her dearly, addingthat he had voluntarily submitted to a
(14:43):
polygraph examination. Robert was interviewed bypolice on a number of occasions, but
it wasn't until February nineteen ninety onethat the FBI went in for the kill.
By this time, Robert was workingas a counselor at Greatford State Correctional
Institution in Montgomery County. It wasduring the morning of the eighth of February
(15:07):
that the FBI arrested Robert while hewas at work. The day before,
a federal grand jury in Alexandria,Virginia, had indicted him with the murder
of his missing estranged wife. Afterhis arrest, Robert was transported to the
Allantown Eastern District Court. After thehearing, he was taken to a detention
(15:31):
cell in Philadelphia to await extradition toVirginia for his arraignment when the charges would
formerly be put to him in court. Robert was later released into the custody
of his parents in Saint Clair afterthey posted fifty thousand dollar bail. FBI
spokesperson Linda Vizzy made a statement toreporters saying, quote, it's a unique
(15:56):
case for the government because we haveno body. Through the indictment and ongoing
investigation, we hope to eventually recovera body. The prosecution's evidence was entirely
circumstantial. The only thing the prosecutionhad to work with was a motive and
a damning computer document. Since grandjury testimony is not a matter of public
(16:21):
record, the media had no ideauntil the murder trial that this piece of
evidence had been in the FBI's possessionfor two years. When Robert was being
interviewed, he didn't know that theFBI, when cleaning out his office in
Quantico, had found what they believedto be the smoking gun in this case,
(16:41):
a computer disk containing step by stepinstructions on how to commit the perfect
murder. Of course, Robert's attorneysvigorously attempted to have this computer file stricken
from the prosecution's list of evidence onthe grounds that it had been obtained illegally.
(17:03):
They also argued it had no bearingon the case since it had been
created prior to Shirley's disappearance. FrederickFanelli the attorney heading up Robert's defense team,
explained quote this list, they referredto was fourteen or fifteen months old
before Shirley disappeared. Despite their protests, the list was entered into evidence and
(17:26):
the trial was scheduled to begin onTuesday, the twenty third of April nineteen
ninety one. The defense immediately filedemotion claiming that the federal government had refused
to disclose evidence that could help Robert'scase. Finelli cited eight incidents in which
federal prosecutors had failed to provide thedefense with notes, documents, and witness
(17:49):
statements that could potentially establish an alibi. The motion was dismissed. Jury selection
began a few days later. Onthe of May, the third day of
jury deliberations, Robert's defense team filedanother motion, this time seeking a mistrial
after they learned that five FBI agentshad secretly raided their client's house in Mahoney
(18:12):
City the previous day. The motionwas dismissed by US District Court Justice James
C. Catcheris, who would bepresiding over the case. When asked about
the actions of the FBI lead prosecutor, an assistant US Attorney Lawrence Lysa stated
he didn't think it was unusual.The defense contended that the FBI search was
(18:37):
just further evidence of how weak thegovernment's case was. The prosecution presented the
jury with their opening argument, duringwhich they stated that it was their contention
that Robert Russell had shot Shirley Gibbsin the back of the head with a
twenty five caliber handgun while she wasstanding in a storage shed connected to their
(18:59):
old Quantico apartment. They alleged thatRobert then drove Shirley's vehicle, a station
wagon, to Pennsylvania and dumped herremains somewhere between Saint Clair and Mahnoy City.
The prosecution would introduce the computer disc. On the disc was a file
named murder, and in that filewas where they found what appeared to be
(19:23):
a twenty six step guide to carryingout a murder. Can I just make
the point if anyone ever looked atmy computer the stuff that I've googled when
researching cases, I would be inserious trouble, that's for sure. But
anyway, The prosecution also introduced ahandgun and ammunition that was similar to the
(19:47):
one that Robert had admittedly purchased theday before Shirley disappeared. I'd like to
reiterate here that this was not thegun, but was similar to the gun
they believed had been used. Theprosecution called a number of witnesses that would
incriminate the defendant, Robert Russell.Sandy Flint, Robert's girlfriend, testified that
(20:10):
Robert once told her that she shouldnot be surprised if, quote, six
months down the road you hear thatShirley is dead, because I'm going to
kill her, and that Robert onceshowed her a homemade silencer, at least
that was what he called it.Flint testified that Robert told her that if
(20:30):
Shirley was ever found dead and someone asked her about the death, she
should say she didn't know anything aboutit and she shouldn't remember this conversation.
Robert's brother, Ronald T. Russell, testified that late one cold February night,
Robert called him to make an unusualrequest. According to Ronald, his
(20:52):
brother asked for dynamite. When Ronaldasked why, Robert answered to blow her
up. Thomas J. Marris,a Marine Corps lieutenant and a neighbor of
the Russells at the Quantico base,testified that after an argument with Shirley,
Robert removed a pistol from a drawer, stating, I got something for that,
(21:15):
referring to Shirley. John Ssock,a drug and alcohol treatment specialist and
an acquaintance of Roberts, testified thathe and Robert once had a discussion about
the most effective way to commit suicide. During the course of the conversation,
Robert suggested that shooting oneself either inthe mouth or behind the ear, would
(21:37):
be the most effective method, andthat the best way to kill someone was
to shoot them behind the ear.Robert's first wife, Pamela, testified that
on one occasion in nineteen eighty one, Robert had told her that there might
be bodies hidden in the mine shaftsin Saint Clair, Pennsylvania, and that
quote if he wanted to get ridof her, nobody would ever see her
(22:02):
again. John Kievil, a MarineCorps MP and an acquaintance of Roberts,
testified that more than a year afterShirley's disappearance, Robert asked him how long
it took for a body to decompose. The prosecution introduced forensic evidence. Expert
witnesses testified that a twenty five caliberpistol of the type that Robert purchased could
(22:26):
have been fired in his quarters withoutrecognition by anyone nearby, and that a
close range shot behind the ear fromthat weapon would probably not produce an exit
wound or a significant splattering of blood. Regarding motive, prosecutors told the jury
that the jealousy of missus Russell,who was black, drove Robert, who
(22:48):
was white, to shoot her behindthe ear in the couple's quarters at Quantico
Marine Corps base and dispose of herbody in a northeastern Pennsylvania coal mine.
The defense argued that there was noproof Shirley was dead or that Robert had
killed her. They said that theprosecution's case was solely based on circumstantial evidence,
(23:11):
and that Shirley Gibbs could still bealive. The defense produced witnesses who
claimed they had seen Shirley with theirown eyes after the murder was said to
have taken place. One such witnesswas Corporal Daniel Carroway, who said he
saw Shirley talking on the phone atthe Bachelor Office's quarters between four and four
(23:33):
thirty pm on the fourth of March. Another witness, a clerk at Rutter's
convenience store positively identified Shirley from photosand said she visited the store frequently to
purchase lottery tickets. Caroline Baum,who lived on the base with her husband,
said she saw Shirley walking along theroad on the sixth of March.
(23:55):
Quote, I had a very eeriefeeling, and I wanted to go back
and pick her up, but bythe time she had turned around, she
saw the woman getting into a vehiclewith a man who was not Robert Russell.
The defense concluded their case by reiteratingthat this case was built wholly on
circumstantial evidence. There was no directevidence to indicate that Shirley Gibbs had even
(24:21):
been killed in the first place,no hair or blood inside the vehicle,
and no murder weapon was ever located. The jury was dismissed to deliberate,
and on the third of May nineteenninety one, they returned their verdict.
They found Robert Russell guilty of themurder of his estranged wife, Shirley Gibbs.
(24:45):
The verdict was so shocking one newspaperreporter wrote that the courtroom was stunned
into silence. For the first timein American history, a first degree murder
conviction had been handed down in federalcourt despite their being no body. Finellie
(25:07):
could only say he was baffled ashis client was taken away in handcuffs.
It was said that some of themost compelling evidence was given by Pamela mac
Phail, Robert's first wife, whohad testified that during her marriage to Robert,
when they were walking in the woods, he would say that there were
bog holes at the bottom of mineshafts. Quote. He told me that
(25:30):
if he ever wanted to get ridof me, nobody would ever find me
there. Another compelling piece of evidencewas the computer document, which the defense
had told the court was an outlinefor a murder mystery novel Robert and Shirley
had been working on together. Thisclearly did not convince the jury. The
verdict in this case was historic becausethere was no body, no definitive evidence
(25:56):
to show that Shirley was dead.To this case, many believed that from
a legal standpoint, without a body, there could be no conviction. When
this was put to lead prosecutor LawrenceLisa, he played it down, saying
it didn't really matter, it's notrelevant. However, Robert's mother, Patricia
(26:18):
Russell, disagreed with the prosecutor,saying, quote, do you realize this
precedent, if it's allowed to stayon the books, means that if enough
people say you did something, youwill be found guilty in a court of
law. This frightens me. Ithink the jury was intimidated by the FBI
and the military presence. After Robertwas convicted, but before he was sentenced,
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the prosecution received a postcard from someonepurporting to be Shirley Gibbs. The
postcard was mailed from the Netherlands onthe first of July nineteen ninety one.
Tests conducted on the postcard cad thatthe fingerprints on the postcard belonged neither to
(27:03):
Shirley nor to Robert, and thatit was unlikely that the handwriting on the
postcard belonged to Shirley. The postcardand the test results were disclosed to Robert
in October nineteen ninety one, shortlyafter the tests were completed, but after
Robert had been sentenced. Prior toRobert's sentencing, there were please for leniency,
(27:26):
which included dozens of letters vouching forthe good character of the former Marine
captain. At Robert's sentencing, judgeCatcheris said he followed federal guidelines in sentencing
Robert, who was then thirty fouryears old, for the murder of Shirley.
Robert maintained his innocence before the judge, saying quote, I've always been
(27:49):
a god fearing person. I've neverheard a human being. I am innocent
of this charge. He asked forleniency. He said the judge should recognize
his opportunity for self redemption and declineto impose the mandatory sentence of life in
prison without the possibility of parole.The judge told Robert that even if he
(28:12):
had the discretion to impose a lessersentence, he wouldn't do it, and
handed down a sentence of life withoutthe possibility of parole. The judge did,
however, grant Robert's request that heserved his sentence in a Pennsylvania prison
so he was close to his family. He was transferred from the Alexandria City
(28:33):
lockup to the federal prison in Louisbourg. In May nineteen ninety one, Finelli
presented new evidence to the Fourth DistrictCourt of Appeals in Richmond, suggesting that
Shirley Gibbs was in fact still alive. He relied on the postcard allegedly signed
by Shirley as proof of this,along with Shirley's missing driving license and passport,
(28:57):
which have never been located. Leadprosecutor Lawrence Lisa, laughed at the
absurdity of Finelli's claim, saying,quote, in the whole world of people,
she chose to send a postcard toa special agent she hasn't met in
her whole life. Finelli also produceda statement from a woman who claimed she'd
(29:18):
seen Shirley Gibbs jogging in Lansford shortlyafter the murder was supposed to have happened.
In an appeal argued on the fourthof May nineteen ninety two, Robert
claimed that there was insufficient evidence tosupport his conviction. Robert claimed that much
of the evidence introduced by the prosecutionand admitted by the District Court was irrelevant,
(29:41):
and, if not irrelevant, wasso minimally relevant as to be more
prejudicial than probative. In particular,he argued that the District Court shouldn't have
admitted testimony that he purchased a gun. They shouldn't have admitted a gun similar
to the one that he purchased.They shouldn't have admitted ammunition used with that
(30:03):
gun, and they shouldn't have admitteda tape recording of the test firings conducted
at the Russell's former quarters. Robertargued that the gun evidence was irrelevant because
there was no evidence Shirley was shot, There was no evidence a gun was
fired in the Russell's quarters on thefourth of March nineteen eighty nine, and
there was no evidence that a gunhad any connection with her disappearance. Robert
(30:26):
argued that the test firings were performedunder conditions that were insufficiently similar to the
conditions that existed on the fourth ofMarch, and so were wrong. Robert
argued that the district Court shouldn't haveadmitted John Seesox's testimony regarding his conversation with
Robert about the best method of committingsuicide. They shouldn't have admitted expert testimony
(30:52):
regarding the likelihood that a shot firedbehind the ear at point blank range would
produce an exit wound or blood splatter. They also shouldn't have admitted Pamela's testimony
regarding her ex husband's familiarity with themining regions of Saint Clair, Pennsylvania.
Robert explained that the admission of thisevidence was improper because the prosecution's expert witnesses
(31:15):
had no opportunity to perform an autopsyor other medical examination as there was no
body, and because there was noevidence he had transported Shirley's body to Pennsylvania.
The Court of Appeal stated that relevantevidence is defined broadly as evidence having
any tendency to make the existence ofany fact that is of consequence to the
(31:38):
determination of the action more probable orless probable than it would be without the
evidence. The gun evidence, theblood evidence, the evidence of how much
noise the gun was likely to make, and the evidence of Robert's trip to
Pennsylvania, all of which Robert contendswas improperly admitted, was said to be
unquestionable unquestionable relevant to the prosecution's case. The evidence tended to prove that Robert
(32:06):
had committed the crime and disposed ofthe body in the manner that the prosecution
argued to the jury. The Courtof Appeal stated that much of the evidence
was directly responsive to one of Robert'schief lines of defense, namely that a
shot inside of his quarters would havebeen heard by neighbors. All of the
evidence was relevant in light of otherevidence that was either undisputed or introduced without
(32:31):
objection. For example, Robert admittedthat there was a blood stain on the
floor of the storage shed adjacent toRoberts married quarters at the time of Gibbs's
disappearance, and that he removed thestain shortly thereafter. It was held that
this evidence was not so prejudicial thatit required exclusion. The Court of Appeal
(32:53):
was not persuaded by the argument thatthe test firings were performed under conditions that
were insufficiently similar to the conditions thatexisted on the fourth of March nineteen eighty
nine. The test was admittedly conductedfour hours later in the day than the
actual shot was allegedly fired, andthere was no evidence that the weather conditions
(33:15):
on the day of the test firingwere exactly the same as the weather conditions
on the fourth of March. However, the test firings were conducted in the
same location with the same type ofweapon, at approximately four p m on
the fourth of March. The Courtof Appeal stated that the significance of these
differences was clearly a question of weightfor the jury, not a question of
(33:37):
admissibility for the Court. Robert arguedthat the District Court shouldn't have admitted testimony
regarding the circumstances surrounding his discharge fromthe Marines and testimony regarding his extramarital affairs.
The District Court did not abuse itsdiscretion in admitting the evidence. As
evidence of other crimes, wrongs oracts are missible to prove motive, opportunity,
(34:02):
intent, preparation, planning, knowledge, identity, or absence of mistake
or accident. Evidence of prior badacts are admissible unless it is introduced for
the sole purpose of proving criminal disposition. Robert challenges two of the District Court's
(34:23):
jury instructions and its refusal to givetwo others. During the course of the
trial, the jury foreman sent anote informing the court that the jury was
unable to reach a unanimous verdict.The court recommended the jury be given the
so called Alan charge. When jurorscannot agree on a verdict and report this
(34:44):
to the judge, the judge mayissue further instructions to them to encourage those
in the minority to reconsider their position. This is known as an Alan charge.
Neither party objected in this case,and the charge was given three hours
later, the jury returned its guiltyverdict. Robert claimed that this was an
(35:06):
error. He argued the charge likelycoerced the jury into returning a guilty verdict,
and that a coerced verdict is particularlylikely because the prosecution's case was so
weak. The Court of Appeal determinedthat the fact the jury deliberated for approximately
three hours after hearing the charge providesadequate assurance that the jury was not improperly
(35:30):
coerced by the District Court's instruction.At another point during the deliberations, the
foremans sent a note to the courtrequesting a legal definition of reasonable doubt.
The prosecution objected to the giving ofthe instruction. Robert, on the other
hand, didn't object, but askedthe court to give a supplemental instruction to
(35:52):
the effect that the prosecution's burden ofproof is strict and heavy. The court
gave the instruction defining reasonable doubt,but did not give the requested supplemental instruction.
Robert contends the court's instruction defining reasonabledoubt was itself constitutionally defective. The
Court of Appeal called his claim frivolous. Another frivolous claim, according to the
(36:17):
Court of appeal was Robert's criticism followingthe court's refusal to give the jury an
instruction on circumstantial evidence. It's wellsettled that as long as a proper reasonable
doubt instruction is given, a jurydoesn't need to be instructed that circumstantial evidence
must be so strong as to excludeevery reasonable hypothesis other than guilt. Robert
(36:42):
asked the court to give the jurya corpus and I don't know if I'm
pronouncing this right. I don't speakLatin. A corpus delicti delicti, delicty
delicti, d e l i ct I. I mean, I'm seeing
deli. But that's not right delictidelis. If you speak Latin, did
(37:06):
you just like let me know that'dbe fab because if this ever comes up
again, I'm just gonna look afool again. Corpus I'm just gonna say,
I'm just gonna call a corpus deliscrew corpus deli? Are the facts
and circumstances constituting a crime? Whythey couldn't just say that? I have
no idea. Why do you haveto call it corpus deli delicti? Why
(37:29):
do you have to call it that, just call it the facts and facts
and circumstances constituting a crime. Butwhen the court refused to give this instruction,
Robert constituted this as a reversible error, but shockingly, the Court of
Appeal disagreed. Robert moved unsuccessfully fora judgment of acquittal at the conclusion of
(37:51):
the prosecution's case in chief and againat the conclusion of the trial. Robert
claims the evidence against him was insufficientas a matter of law, and that
the District Court therefore made a mistakein failing to enter a judgment of acquittal.
Robert accepted that the recovery of thevictim's body is not necessary to prove
murder beyond a reasonable doubt. Instead, he argued that when a body is
(38:15):
not recovered, the corpus delicte delhiwhatever must be established by either confession,
forensic evidence, bodily remains, discoveryof the victim's possessions, or eyewitness or
earwitness testimony. I've never heard ofearwitness testimony. Of course it makes sense,
but earwitness never heard of it beforethe Court of Appeal held that the
(38:38):
evidence in this case was substantial andmore than sufficient to sustain Robert's conviction.
They also stated that, based uponthe evidence, a rational trier of fact
could easily have determined both that Shirleyis no longer alive and that Robert was
responsible for her death. In thecase of Virgin Islands versus Harris, neither
(39:00):
the victim's body nor a weapon wasrecovered, and there were no eyewitnesses to
the crime. The murder conviction wasaffirmed, with the Third Circuit relying on
evidence that was strikingly similar to theevidence in this case. Finally, the
postcard. The Court of Appeal declinedto address Robert's claim, noting that it
(39:21):
was doubtful Robert was prejudiced by theprosecution's failure to disclose the postcard immediately because
it arrived after he was convicted.As long as evidence is disclosed before it
is too late for the defendant tomake effective use of it, there is
no due process violation. Needless tosay, Robert's appeal was rejected. The
(39:43):
same court also rejected an appeal intwo thousand and fourteen. The Third US
Circuit Court rejected Roberts two thousand andsixteen appeal in August two and eighteen,
District Judge John E. Jones notonly rejected another appeal by Robert, who
was then fIF eight, but orderedthe case closed permanently and refused to issue
(40:05):
a certificate of appealability. Robert Russellis presently serving his life sentence at the
Allenwood Federal Correctional Complex in Lycoming County. I'm sorry if I pronounced that wrong.
People of Lycoming and will most likelydie inside its walls. He has
filed thirty five motions, petitions,and appeals related to his conviction, the
(40:29):
most recent of which was dismissed onthe tenth of May twenty nineteen. The
lead prosecutor in the case, LawrenceLysa, was reportedly suspended by the Justice
Department in nineteen ninety five on chargesof prosecutorial misconduct. It was alleged that,
during a high profile nineteen ninety threetrial of occult D programmer named Galen
(40:52):
Kelly, Lysa intentionally withheld evidence thatthe defendant could have used to prove his
innocence. The charges are identical tothe accusations made by Russell's attorneys in nineteen
ninety one. And that's the endof today's story. I've found this such
an interesting case. I'd love toknow your thoughts. Should a conviction be
(41:14):
allowed where there is nobody, noforensic evidence, and no murder weapon recovered.
Let me know by tweeting me atStudent Verdict. Thank you so much
for joining me for today's episode.The Student's Verdict is a bi weekly podcast,
so follow us on social media tohear about our next episode. The
Student's Verdict can be found anywhere youlisten to podcasts, including Spreaker, YouTube
(41:37):
and iHeartRadio. See you on thenext one, and remember to keep living
the dream.
On the fourth of March nineteen eightynine, Shirley Gibbs Russell went missing from
her officers quarters in Quantico, Virginia. She was a captain in the US
Marine Corps. She has never beenseen since. A twenty six step plan
to commit the perfect murder would pointofficers in the direction of Shirley's killer.
(00:32):
This would be the first case inUS history where a person was convicted in
a federal court of first degree murderwithout a body, a crime scene,
or a weapon. Hey everybody,and welcome to episode twenty two of the
(00:57):
Student's Verdict podcast. Thank you forjoining me on another true crime adventure.
To all of you new listeners,welcome, pull up a chair. My
name is Emily and I'm your host. If you haven't already, please go
and listen to some of our earlierepisodes, including the Deadly Drug Trial,
the kidnapping of Marita Varan, andLarissa Shuster, the Acid Lady. Please
(01:19):
follow me on all the socials.That's Instagram at the Student Verdict Pod,
Twitter at Student Verdict, and onFacebook, where I have a page and
a group for us to chat andshare. If you missed anything I just
said, links or in the shownotes. As always, if you enjoy
the show, please consider leaving mea review. If you don't like the
(01:41):
show, then please keep your opinionsto yourself. As always, resources used
in this episode will also be linkedin the show notes. In the show
notes, you'll find links to theStudent's Verdict, merchandise, and my Patreon
page. Any support you'd like togive is hugely appreciated. It. With
all of that said, let's jumpinto today's episode. Shirley Gibbs met her
(02:06):
future husband, Robert Peter Russell,while the two were stationed at Paris Island
Marine Corps Base in South Carolina.During this time, Robert was a Marine
Corps captain and was married to hisfirst wife, Pamela. The couple was
divorced in April nineteen eighty seven,and three months later, Robert was transferred
(02:29):
to Gulfport Naval Base in Mississippi.While stationed here, he continued his relationship
with Shirley. It was also saidhe became romantically involved with a number of
other women at the same time.Two months after Robert arrived in Gulfport,
he and Shirley were married. Unfortunately, their marriage was not a happy one.
(02:52):
It was reported that there was abusein the marriage. According to witnesses,
Robert would often use racial slurs againsthis wife and often worried what his
marine friends would think when they foundout who he was married to. As
well as abuse, there were theextra marital affairs. Shirley consulted marriage counselors
(03:14):
on at least eight different occasions duringher short marriage to Robert. In July
nineteen eighty eight, the couple wastransferred to the Quantico Marine Base in Virginia.
Shirley and Robert were both officers inthe Marine Corps, but where Robert
was just getting by in his job, Shirley excelled where she was seen as
(03:36):
a good candidate for the rank ofmajor. Her husband, in contrast,
was discharged from the Marine Corps justtwo months after arriving at Quantico. He
was discharged under other than honorable conditionsbecause of unauthorized periods of absence, unauthorized
use of government telephones, and fraudulentclaims against the government. At the time
(04:00):
Robert's discharge became effective, he andShirley were living in Quantico. Following his
discharge, Robert took a job asa special education instructor at a local high
school, and soon thereafter began aromantic relationship with a woman by the name
of Sandy Flint, a colleague ofhis at the school. During moments of
(04:21):
intoxication, it was said he braggedto friends about his affairs. While in
his sober moments, he was plaguedby his own insecurities, which led him
to planting surveillance devices in his wife'scar and keeping a close eye on her
every move. As you can probablyimagine, all of this added strain to
(04:41):
an already struggling marriage. Unsurprisingly,Robert and Shirley eventually decided to go their
separate ways after only a year ofmarriage. Following their separation, the couple
sought separate accommodation, and on thetwenty eighth of February nineteen eighty nine,
Shirley moved into the bachelor officers quartersat Quantico. Robert moved into Sandy Flint's
(05:05):
Dale City residence on the second ofMarch nineteen eighty nine. Because Robert and
Shirley had vacated their married officers quarters, the quarters had to be inspected,
so the couple arranged to meet attheir old quarters on the morning of Saturday,
the fourth of March in order toprepare for the inspection, which was
(05:28):
scheduled for Monday the sixth, Shirleyhad asked her sister, Deretha Sogren,
to drive up from Virginia Beach tobe with her while she was preparing to
move out of the quarters. Shemay have wanted her sister because of the
move, or it may have beenbecause her separation would soon be finalized,
as Shirley had picked up the finalmarriage settlement the day before. Unfortunately,
(05:51):
her sister was unable to make thetrip as Deretha's employer had asked her to
work that Saturday morning. Saturday,the fourth of March was a cold and
rainy day. Just before nine am something strange happened. Doretha, Shirley's
sister, received a telephone call fromher soon to be ex brother in law.
(06:15):
Although he identified himself as Lieutenant ColonelHodges, who was Shirley's commanding officer.
Robert asked Doretha if she knew whereher sister was. Doretha was not
stupid and immediately recognized Robert's voice andsaid, Bob, I know this is
you. Why are you playing gameswith me? You should know where Shirley
(06:35):
is because you were right there inQuantico with her. Later that morning,
at around eleven a m. Robertleft Sandy Flint's residence after telling her he
was going to meet Shirley at theirOld married quarters. Ronda McCumber, who
lived in the quarters adjacent to theRussells, testified that she saw Shirley outside
their quarters at about noon that day. Shirley her plan to have lunch with
(07:00):
Captain Patrese Gail after her meeting withRobert, and had agreed to meet Gail
at Shirley's bachelor quarters. So atapproximately one twenty PM, Gail made her
way to meet Shirley. When shediscovered that Shirley wasn't at her bachelor quarters,
she drove over to the Russell's OldMarried quarters. When she arrived,
Robert told her that Shirley had walkedto the Marine Corps Exchange to purchase paint.
(07:26):
Gail would later testify that Robert wasflushed and sweating profusely. After Gail
left the Russell's Old Married Quarters,Chief Warrant Officer Kenneth Schilco invited Robert into
his quarters, where the two mentalked and drank coffee for more than an
hour. Shilco would later testify thathe did most of the talking and that
(07:49):
Robert seemed distracted as he kept concentratingon a clock that hung on the wall
in Shilcoe's quarters. After the visit, Robert return turned to Sandy Flint's residence
and showered. By this time,it was approximately three PM. After showering,
Russell called his parents in Saint Clair, Pennsylvania, and asked about the
(08:11):
weather. Shortly before five PM,Robert left Quantico and headed to his parents
home. Although he owned an openbed pickup truck, instead of taking that,
he drove Sandy's car, which wasa blue four door Mercury Tracer station
wagon. The neighbor Ronda McCumber testifiedthat she saw a small blue station wagon
(08:37):
backed into a parking space near thedoor of the storage shed adjacent to the
Russell's old quarters at approximately five pm. Sometime between nine thirty and eleven PM,
Robert again called Deretha and again askedwhether she knew of Shirley's whereabouts.
Again, she told Robert he shouldknow where is. Robert told Deretha he
(09:01):
had not seen Shirley since she leftfor the Marine Corps. Exchange. He
then said, quote, you know, me and Shirley got really close this
weekend. Deretha was having none ofit, though, and said quote,
right, I know better than that, because I know that Shirley wasn't going
to get back with you. Robertthen said, quote, you know,
(09:24):
Shirley is really at peace with herself. After this comment, Deretha terminated the
call. It's reported that Sandy Flintdidn't see Robert again until the morning of
Monday, the sixth of March.When Robert returned Sandy's car, she noticed
that it had been cleaned, butnot just cleaned. It had also been
(09:46):
waxed and vacuumed, and had adeodorizer hanging from the rear view mirror.
Sandy would later testify that although Roberthad borrowed her car in the past,
this was the first time he hadhad the car cleaned before returning it.
That same morning, Robert asked Sandy'sfather in law, Robert Flint Senior,
(10:07):
how he could remove bloodstains from concrete. Robert Flint, a civilian painter at
the Quantico Base, told Robert heshould try cleaning the concrete with muriatic acid
before we get any further into thisstory. I'd like to just pause a
second to introduce you to some friendsof mine who have a great podcast called
(10:30):
Twisted and Uncorked. This is oneyou won't want to miss out on.
Hello, Twisted Humans. This isthe podcast who are two best friends,
chat whue crime and have a glassor two of wine. I'm Alicia and
I'm Caitlin and this is twistlan Corked. So join us every week for casual
(10:54):
Tuesdays where we release a new episode. We are now available on our platforms,
including five Apple podcasts, in Google, Blow, rate, review,
and subscribe Cheers Cheers. That sameMonday, Shirley failed to show up for
duty, and she missed an appointmentwith a Navy chaplain who had promised to
(11:18):
help her with her income taxes.No one had heard from Shirley since the
fourth of March. Her driving licenseand passport were also missing, her credit
card, savings and checking accounts hadall been inactive, and the property she
had placed in storage remained untouched.Shirley Gibbs was reported missing on the seventh
(11:41):
of March after failing to report toMarine Corps Combat Development Command. Any time
a marine fails to report for workwithin forty eight hours, it's assumed that
he or she is a wall.However, since Shirley was known for her
promptness and strong work ethic, herabsence was regarded as suspicious. After the
(12:05):
Naval Investigative Service failed to locate Shirley, the matter was turned over to Special
Agent Wayne Gilbert of the Philadelphia FBIoffice. On the eighth of May nineteen
eighty nine, Jane and Barry Zimmermanhad just returned from Pottsville to their fifty
two acre cattle farm when they wereshocked to find it crawling with dozens of
(12:30):
FBI agents who were meticulously searching theproperty while black helicopters hovered over the farm
at a low altitude. The FBIagents occupied the property for over a week,
using bloodhounds, metal detectors, andinfrared cameras. It wasn't until the
search was completed that the Dimmomans realizedthat they had been looking for the missing
(12:54):
wife of a disgraced ex marine.The search, which covered more than two
thousand acres between Mahonoy City and SaintClair and involved eight helicopters and more than
one hundred agents, was described asa high priority assignment. A second search
took place on the twenty eighth ofAugust, this time focused on the mine
(13:18):
stripping area west of the Burma Roadnear the German Protestant Cemetery in Mahonoy Township.
Once again, this investigation drew uponthe resources of multiple local law enforcement
agencies and included the State Police Knine unit. Several amateur sleuths and treasure
(13:39):
hunters would also join the search armedwith metal detectors. There was a buzz
at one point during the investigation whenofficers found part of a blue Volleu sweatshirt
on a coal bank. It wasreported that Shirley had been wearing a similar
blue sweatsuit when she was last seen. The item was turned over to the
(14:01):
FBI for analysis, but would laterprove not to be a match. As
agents conducted their search, Robert wasstaying at his parents' home in Saint Clair
when agents arrived at his parents' door. Robert seemed to be baffled by his
wife's disappearance, claiming that he findsout what's going on through the newspaper and
(14:22):
the TV. He said that hewas going to give state and federal authorities
his full cooperation and told reporters thathe believed his wife was still alive,
saying, quote, just like othercouples, we've had our ups and downs,
but I love her dearly, addingthat he had voluntarily submitted to a
(14:43):
polygraph examination. Robert was interviewed bypolice on a number of occasions, but
it wasn't until February nineteen ninety onethat the FBI went in for the kill.
By this time, Robert was workingas a counselor at Greatford State Correctional
Institution in Montgomery County. It wasduring the morning of the eighth of February
(15:07):
that the FBI arrested Robert while hewas at work. The day before,
a federal grand jury in Alexandria,Virginia, had indicted him with the murder
of his missing estranged wife. Afterhis arrest, Robert was transported to the
Allantown Eastern District Court. After thehearing, he was taken to a detention
(15:31):
cell in Philadelphia to await extradition toVirginia for his arraignment when the charges would
formerly be put to him in court. Robert was later released into the custody
of his parents in Saint Clair afterthey posted fifty thousand dollar bail. FBI
spokesperson Linda Vizzy made a statement toreporters saying, quote, it's a unique
(15:56):
case for the government because we haveno body. Through the indictment and ongoing
investigation, we hope to eventually recovera body. The prosecution's evidence was entirely
circumstantial. The only thing the prosecutionhad to work with was a motive and
a damning computer document. Since grandjury testimony is not a matter of public
(16:21):
record, the media had no ideauntil the murder trial that this piece of
evidence had been in the FBI's possessionfor two years. When Robert was being
interviewed, he didn't know that theFBI, when cleaning out his office in
Quantico, had found what they believedto be the smoking gun in this case,
(16:41):
a computer disk containing step by stepinstructions on how to commit the perfect
murder. Of course, Robert's attorneysvigorously attempted to have this computer file stricken
from the prosecution's list of evidence onthe grounds that it had been obtained illegally.
(17:03):
They also argued it had no bearingon the case since it had been
created prior to Shirley's disappearance. FrederickFanelli the attorney heading up Robert's defense team,
explained quote this list, they referredto was fourteen or fifteen months old
before Shirley disappeared. Despite their protests, the list was entered into evidence and
(17:26):
the trial was scheduled to begin onTuesday, the twenty third of April nineteen
ninety one. The defense immediately filedemotion claiming that the federal government had refused
to disclose evidence that could help Robert'scase. Finelli cited eight incidents in which
federal prosecutors had failed to provide thedefense with notes, documents, and witness
(17:49):
statements that could potentially establish an alibi. The motion was dismissed. Jury selection
began a few days later. Onthe of May, the third day of
jury deliberations, Robert's defense team filedanother motion, this time seeking a mistrial
after they learned that five FBI agentshad secretly raided their client's house in Mahoney
(18:12):
City the previous day. The motionwas dismissed by US District Court Justice James
C. Catcheris, who would bepresiding over the case. When asked about
the actions of the FBI lead prosecutor, an assistant US Attorney Lawrence Lysa stated
he didn't think it was unusual.The defense contended that the FBI search was
(18:37):
just further evidence of how weak thegovernment's case was. The prosecution presented the
jury with their opening argument, duringwhich they stated that it was their contention
that Robert Russell had shot Shirley Gibbsin the back of the head with a
twenty five caliber handgun while she wasstanding in a storage shed connected to their
(18:59):
old Quantico apartment. They alleged thatRobert then drove Shirley's vehicle, a station
wagon, to Pennsylvania and dumped herremains somewhere between Saint Clair and Mahnoy City.
The prosecution would introduce the computer disc. On the disc was a file
named murder, and in that filewas where they found what appeared to be
(19:23):
a twenty six step guide to carryingout a murder. Can I just make
the point if anyone ever looked atmy computer the stuff that I've googled when
researching cases, I would be inserious trouble, that's for sure. But
anyway, The prosecution also introduced ahandgun and ammunition that was similar to the
(19:47):
one that Robert had admittedly purchased theday before Shirley disappeared. I'd like to
reiterate here that this was not thegun, but was similar to the gun
they believed had been used. Theprosecution called a number of witnesses that would
incriminate the defendant, Robert Russell.Sandy Flint, Robert's girlfriend, testified that
(20:10):
Robert once told her that she shouldnot be surprised if, quote, six
months down the road you hear thatShirley is dead, because I'm going to
kill her, and that Robert onceshowed her a homemade silencer, at least
that was what he called it.Flint testified that Robert told her that if
(20:30):
Shirley was ever found dead and someone asked her about the death, she
should say she didn't know anything aboutit and she shouldn't remember this conversation.
Robert's brother, Ronald T. Russell, testified that late one cold February night,
Robert called him to make an unusualrequest. According to Ronald, his
(20:52):
brother asked for dynamite. When Ronaldasked why, Robert answered to blow her
up. Thomas J. Marris,a Marine Corps lieutenant and a neighbor of
the Russells at the Quantico base,testified that after an argument with Shirley,
Robert removed a pistol from a drawer, stating, I got something for that,
(21:15):
referring to Shirley. John Ssock,a drug and alcohol treatment specialist and
an acquaintance of Roberts, testified thathe and Robert once had a discussion about
the most effective way to commit suicide. During the course of the conversation,
Robert suggested that shooting oneself either inthe mouth or behind the ear, would
(21:37):
be the most effective method, andthat the best way to kill someone was
to shoot them behind the ear.Robert's first wife, Pamela, testified that
on one occasion in nineteen eighty one, Robert had told her that there might
be bodies hidden in the mine shaftsin Saint Clair, Pennsylvania, and that
quote if he wanted to get ridof her, nobody would ever see her
(22:02):
again. John Kievil, a MarineCorps MP and an acquaintance of Roberts,
testified that more than a year afterShirley's disappearance, Robert asked him how long
it took for a body to decompose. The prosecution introduced forensic evidence. Expert
witnesses testified that a twenty five caliberpistol of the type that Robert purchased could
(22:26):
have been fired in his quarters withoutrecognition by anyone nearby, and that a
close range shot behind the ear fromthat weapon would probably not produce an exit
wound or a significant splattering of blood. Regarding motive, prosecutors told the jury
that the jealousy of missus Russell,who was black, drove Robert, who
(22:48):
was white, to shoot her behindthe ear in the couple's quarters at Quantico
Marine Corps base and dispose of herbody in a northeastern Pennsylvania coal mine.
The defense argued that there was noproof Shirley was dead or that Robert had
killed her. They said that theprosecution's case was solely based on circumstantial evidence,
(23:11):
and that Shirley Gibbs could still bealive. The defense produced witnesses who
claimed they had seen Shirley with theirown eyes after the murder was said to
have taken place. One such witnesswas Corporal Daniel Carroway, who said he
saw Shirley talking on the phone atthe Bachelor Office's quarters between four and four
(23:33):
thirty pm on the fourth of March. Another witness, a clerk at Rutter's
convenience store positively identified Shirley from photosand said she visited the store frequently to
purchase lottery tickets. Caroline Baum,who lived on the base with her husband,
said she saw Shirley walking along theroad on the sixth of March.
(23:55):
Quote, I had a very eeriefeeling, and I wanted to go back
and pick her up, but bythe time she had turned around, she
saw the woman getting into a vehiclewith a man who was not Robert Russell.
The defense concluded their case by reiteratingthat this case was built wholly on
circumstantial evidence. There was no directevidence to indicate that Shirley Gibbs had even
(24:21):
been killed in the first place,no hair or blood inside the vehicle,
and no murder weapon was ever located. The jury was dismissed to deliberate,
and on the third of May nineteenninety one, they returned their verdict.
They found Robert Russell guilty of themurder of his estranged wife, Shirley Gibbs.
(24:45):
The verdict was so shocking one newspaperreporter wrote that the courtroom was stunned
into silence. For the first timein American history, a first degree murder
conviction had been handed down in federalcourt despite their being no body. Finellie
(25:07):
could only say he was baffled ashis client was taken away in handcuffs.
It was said that some of themost compelling evidence was given by Pamela mac
Phail, Robert's first wife, whohad testified that during her marriage to Robert,
when they were walking in the woods, he would say that there were
bog holes at the bottom of mineshafts. Quote. He told me that
(25:30):
if he ever wanted to get ridof me, nobody would ever find me
there. Another compelling piece of evidencewas the computer document, which the defense
had told the court was an outlinefor a murder mystery novel Robert and Shirley
had been working on together. Thisclearly did not convince the jury. The
verdict in this case was historic becausethere was no body, no definitive evidence
(25:56):
to show that Shirley was dead.To this case, many believed that from
a legal standpoint, without a body, there could be no conviction. When
this was put to lead prosecutor LawrenceLisa, he played it down, saying
it didn't really matter, it's notrelevant. However, Robert's mother, Patricia
(26:18):
Russell, disagreed with the prosecutor,saying, quote, do you realize this
precedent, if it's allowed to stayon the books, means that if enough
people say you did something, youwill be found guilty in a court of
law. This frightens me. Ithink the jury was intimidated by the FBI
and the military presence. After Robertwas convicted, but before he was sentenced,
(26:42):
the prosecution received a postcard from someonepurporting to be Shirley Gibbs. The
postcard was mailed from the Netherlands onthe first of July nineteen ninety one.
Tests conducted on the postcard cad thatthe fingerprints on the postcard belonged neither to
(27:03):
Shirley nor to Robert, and thatit was unlikely that the handwriting on the
postcard belonged to Shirley. The postcardand the test results were disclosed to Robert
in October nineteen ninety one, shortlyafter the tests were completed, but after
Robert had been sentenced. Prior toRobert's sentencing, there were please for leniency,
(27:26):
which included dozens of letters vouching forthe good character of the former Marine
captain. At Robert's sentencing, judgeCatcheris said he followed federal guidelines in sentencing
Robert, who was then thirty fouryears old, for the murder of Shirley.
Robert maintained his innocence before the judge, saying quote, I've always been
(27:49):
a god fearing person. I've neverheard a human being. I am innocent
of this charge. He asked forleniency. He said the judge should recognize
his opportunity for self redemption and declineto impose the mandatory sentence of life in
prison without the possibility of parole.The judge told Robert that even if he
(28:12):
had the discretion to impose a lessersentence, he wouldn't do it, and
handed down a sentence of life withoutthe possibility of parole. The judge did,
however, grant Robert's request that heserved his sentence in a Pennsylvania prison
so he was close to his family. He was transferred from the Alexandria City
(28:33):
lockup to the federal prison in Louisbourg. In May nineteen ninety one, Finelli
presented new evidence to the Fourth DistrictCourt of Appeals in Richmond, suggesting that
Shirley Gibbs was in fact still alive. He relied on the postcard allegedly signed
by Shirley as proof of this,along with Shirley's missing driving license and passport,
(28:57):
which have never been located. Leadprosecutor Lawrence Lisa, laughed at the
absurdity of Finelli's claim, saying,quote, in the whole world of people,
she chose to send a postcard toa special agent she hasn't met in
her whole life. Finelli also produceda statement from a woman who claimed she'd
(29:18):
seen Shirley Gibbs jogging in Lansford shortlyafter the murder was supposed to have happened.
In an appeal argued on the fourthof May nineteen ninety two, Robert
claimed that there was insufficient evidence tosupport his conviction. Robert claimed that much
of the evidence introduced by the prosecutionand admitted by the District Court was irrelevant,
(29:41):
and, if not irrelevant, wasso minimally relevant as to be more
prejudicial than probative. In particular,he argued that the District Court shouldn't have
admitted testimony that he purchased a gun. They shouldn't have admitted a gun similar
to the one that he purchased.They shouldn't have admitted ammunition used with that
(30:03):
gun, and they shouldn't have admitteda tape recording of the test firings conducted
at the Russell's former quarters. Robertargued that the gun evidence was irrelevant because
there was no evidence Shirley was shot, There was no evidence a gun was
fired in the Russell's quarters on thefourth of March nineteen eighty nine, and
there was no evidence that a gunhad any connection with her disappearance. Robert
(30:26):
argued that the test firings were performedunder conditions that were insufficiently similar to the
conditions that existed on the fourth ofMarch, and so were wrong. Robert
argued that the district Court shouldn't haveadmitted John Seesox's testimony regarding his conversation with
Robert about the best method of committingsuicide. They shouldn't have admitted expert testimony
(30:52):
regarding the likelihood that a shot firedbehind the ear at point blank range would
produce an exit wound or blood splatter. They also shouldn't have admitted Pamela's testimony
regarding her ex husband's familiarity with themining regions of Saint Clair, Pennsylvania.
Robert explained that the admission of thisevidence was improper because the prosecution's expert witnesses
(31:15):
had no opportunity to perform an autopsyor other medical examination as there was no
body, and because there was noevidence he had transported Shirley's body to Pennsylvania.
The Court of Appeal stated that relevantevidence is defined broadly as evidence having
any tendency to make the existence ofany fact that is of consequence to the
(31:38):
determination of the action more probable orless probable than it would be without the
evidence. The gun evidence, theblood evidence, the evidence of how much
noise the gun was likely to make, and the evidence of Robert's trip to
Pennsylvania, all of which Robert contendswas improperly admitted, was said to be
unquestionable unquestionable relevant to the prosecution's case. The evidence tended to prove that Robert
(32:06):
had committed the crime and disposed ofthe body in the manner that the prosecution
argued to the jury. The Courtof Appeal stated that much of the evidence
was directly responsive to one of Robert'schief lines of defense, namely that a
shot inside of his quarters would havebeen heard by neighbors. All of the
evidence was relevant in light of otherevidence that was either undisputed or introduced without
(32:31):
objection. For example, Robert admittedthat there was a blood stain on the
floor of the storage shed adjacent toRoberts married quarters at the time of Gibbs's
disappearance, and that he removed thestain shortly thereafter. It was held that
this evidence was not so prejudicial thatit required exclusion. The Court of Appeal
(32:53):
was not persuaded by the argument thatthe test firings were performed under conditions that
were insufficiently similar to the conditions thatexisted on the fourth of March nineteen eighty
nine. The test was admittedly conductedfour hours later in the day than the
actual shot was allegedly fired, andthere was no evidence that the weather conditions
(33:15):
on the day of the test firingwere exactly the same as the weather conditions
on the fourth of March. However, the test firings were conducted in the
same location with the same type ofweapon, at approximately four p m on
the fourth of March. The Courtof Appeal stated that the significance of these
differences was clearly a question of weightfor the jury, not a question of
(33:37):
admissibility for the Court. Robert arguedthat the District Court shouldn't have admitted testimony
regarding the circumstances surrounding his discharge fromthe Marines and testimony regarding his extramarital affairs.
The District Court did not abuse itsdiscretion in admitting the evidence. As
evidence of other crimes, wrongs oracts are missible to prove motive, opportunity,
(34:02):
intent, preparation, planning, knowledge, identity, or absence of mistake
or accident. Evidence of prior badacts are admissible unless it is introduced for
the sole purpose of proving criminal disposition. Robert challenges two of the District Court's
(34:23):
jury instructions and its refusal to givetwo others. During the course of the
trial, the jury foreman sent anote informing the court that the jury was
unable to reach a unanimous verdict.The court recommended the jury be given the
so called Alan charge. When jurorscannot agree on a verdict and report this
(34:44):
to the judge, the judge mayissue further instructions to them to encourage those
in the minority to reconsider their position. This is known as an Alan charge.
Neither party objected in this case,and the charge was given three hours
later, the jury returned its guiltyverdict. Robert claimed that this was an
(35:06):
error. He argued the charge likelycoerced the jury into returning a guilty verdict,
and that a coerced verdict is particularlylikely because the prosecution's case was so
weak. The Court of Appeal determinedthat the fact the jury deliberated for approximately
three hours after hearing the charge providesadequate assurance that the jury was not improperly
(35:30):
coerced by the District Court's instruction.At another point during the deliberations, the
foremans sent a note to the courtrequesting a legal definition of reasonable doubt.
The prosecution objected to the giving ofthe instruction. Robert, on the other
hand, didn't object, but askedthe court to give a supplemental instruction to
(35:52):
the effect that the prosecution's burden ofproof is strict and heavy. The court
gave the instruction defining reasonable doubt,but did not give the requested supplemental instruction.
Robert contends the court's instruction defining reasonabledoubt was itself constitutionally defective. The
Court of Appeal called his claim frivolous. Another frivolous claim, according to the
(36:17):
Court of appeal was Robert's criticism followingthe court's refusal to give the jury an
instruction on circumstantial evidence. It's wellsettled that as long as a proper reasonable
doubt instruction is given, a jurydoesn't need to be instructed that circumstantial evidence
must be so strong as to excludeevery reasonable hypothesis other than guilt. Robert
(36:42):
asked the court to give the jurya corpus and I don't know if I'm
pronouncing this right. I don't speakLatin. A corpus delicti delicti, delicty
delicti, d e l i ct I. I mean, I'm seeing
deli. But that's not right delictidelis. If you speak Latin, did
(37:06):
you just like let me know that'dbe fab because if this ever comes up
again, I'm just gonna look afool again. Corpus I'm just gonna say,
I'm just gonna call a corpus deliscrew corpus deli? Are the facts
and circumstances constituting a crime? Whythey couldn't just say that? I have
no idea. Why do you haveto call it corpus deli delicti? Why
(37:29):
do you have to call it that, just call it the facts and facts
and circumstances constituting a crime. Butwhen the court refused to give this instruction,
Robert constituted this as a reversible error, but shockingly, the Court of
Appeal disagreed. Robert moved unsuccessfully fora judgment of acquittal at the conclusion of
(37:51):
the prosecution's case in chief and againat the conclusion of the trial. Robert
claims the evidence against him was insufficientas a matter of law, and that
the District Court therefore made a mistakein failing to enter a judgment of acquittal.
Robert accepted that the recovery of thevictim's body is not necessary to prove
murder beyond a reasonable doubt. Instead, he argued that when a body is
(38:15):
not recovered, the corpus delicte delhiwhatever must be established by either confession,
forensic evidence, bodily remains, discoveryof the victim's possessions, or eyewitness or
earwitness testimony. I've never heard ofearwitness testimony. Of course it makes sense,
but earwitness never heard of it beforethe Court of Appeal held that the
(38:38):
evidence in this case was substantial andmore than sufficient to sustain Robert's conviction.
They also stated that, based uponthe evidence, a rational trier of fact
could easily have determined both that Shirleyis no longer alive and that Robert was
responsible for her death. In thecase of Virgin Islands versus Harris, neither
(39:00):
the victim's body nor a weapon wasrecovered, and there were no eyewitnesses to
the crime. The murder conviction wasaffirmed, with the Third Circuit relying on
evidence that was strikingly similar to theevidence in this case. Finally, the
postcard. The Court of Appeal declinedto address Robert's claim, noting that it
(39:21):
was doubtful Robert was prejudiced by theprosecution's failure to disclose the postcard immediately because
it arrived after he was convicted.As long as evidence is disclosed before it
is too late for the defendant tomake effective use of it, there is
no due process violation. Needless tosay, Robert's appeal was rejected. The
(39:43):
same court also rejected an appeal intwo thousand and fourteen. The Third US
Circuit Court rejected Roberts two thousand andsixteen appeal in August two and eighteen,
District Judge John E. Jones notonly rejected another appeal by Robert, who
was then fIF eight, but orderedthe case closed permanently and refused to issue
(40:05):
a certificate of appealability. Robert Russellis presently serving his life sentence at the
Allenwood Federal Correctional Complex in Lycoming County. I'm sorry if I pronounced that wrong.
People of Lycoming and will most likelydie inside its walls. He has
filed thirty five motions, petitions,and appeals related to his conviction, the
(40:29):
most recent of which was dismissed onthe tenth of May twenty nineteen. The
lead prosecutor in the case, LawrenceLysa, was reportedly suspended by the Justice
Department in nineteen ninety five on chargesof prosecutorial misconduct. It was alleged that,
during a high profile nineteen ninety threetrial of occult D programmer named Galen
(40:52):
Kelly, Lysa intentionally withheld evidence thatthe defendant could have used to prove his
innocence. The charges are identical tothe accusations made by Russell's attorneys in nineteen
ninety one. And that's the endof today's story. I've found this such
an interesting case. I'd love toknow your thoughts. Should a conviction be
(41:14):
allowed where there is nobody, noforensic evidence, and no murder weapon recovered.
Let me know by tweeting me atStudent Verdict. Thank you so much
for joining me for today's episode.The Student's Verdict is a bi weekly podcast,
so follow us on social media tohear about our next episode. The
Student's Verdict can be found anywhere youlisten to podcasts, including Spreaker, YouTube
(41:37):
and iHeartRadio. See you on thenext one, and remember to keep living
the dream.
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