"You Do Not Wish to Make a Statement": Anthony Sowell's Sentencing Hearing, Part 1, 2011

Name: "You Do Not Wish to Make a Statement": Anthony Sowell's Sentencing Hearing, Part 1, 2011
Uploaded: 2011-08-12T00:00:00Z
Duration: 33 min 1 s
Description: Raw courtroom footage from Cleveland, August 12, 2011: Judge Dick Ambrose recites the verdicts, offers Anthony Sowell the chance to speak (he stays silent), and begins his own review of the evidence before imposing sentence.

Raw courtroom footage from Cleveland, August 12, 2011: Judge Dick Ambrose recites the verdicts, offers Anthony Sowell the chance to speak (he stays silent), and begins his own review of the evidence before imposing sentence.

Subject: Anthony Sowell
Recorded: August 12, 2011
Runtime: 33:01

Content warning: The judge describes the condition of the bodies of 11 murdered women and summarizes the trial testimony of women who survived Sowell's attacks, including rape, with explicit sexual detail and profanity quoted from testimony.

The Interview

This is not an interview, and Anthony Sowell does not speak in it. It is 33 minutes of unedited courtroom footage from the sentencing hearing in Cleveland on August 12, 2011, posted by WEWS News Channel 5 as "part 1." Almost all of it is Judge Dick Ambrose speaking. The video ends in the middle of the judge's review of the evidence; the families' statements and the sentence itself came later in the hearing and are not in this part.

Historical Context

Between October 29 and November 3, 2009, Cleveland police found the remains of 11 women at Sowell's house on Imperial Avenue; he was arrested on October 31, 2009. Under Ohio law the judge must then weigh the aggravating circumstances against the mitigating factors himself before deciding whether to impose death.

Circumstances

The judge opened by asking spectators for decorum, saying that those speaking for the deceased victims would be heard later, and pointing to an overflow video room on the 12th floor. He welcomed back the jurors, who had returned to watch. He asked defense counsel John Parker whether the defense wished to comment, then offered Sowell the right of allocution. Sowell gave no answer; a voice, apparently defense counsel's, said he would not make a verbal response, and the judge proceeded "on the basis that you do not wish to make a statement."

What the Recording Covers

The judge recites the July 22 verdicts count by count, including the names of the 11 murdered women, the bench-trial findings on the repeat violent offender and other specifications, and the jury's August 10 recommendation. He reads the duties of a Tier III sex offender and has counsel sign the form when Sowell does not. He then begins his independent analysis: the aggravating circumstances (kidnapping and a course of conduct), the evidence of the medical examiners and trace analysts, the defense's mitigation witnesses (a neuropsychologist, a neuropsychiatrist, a military records witness and a mitigation specialist), and, victim by victim in order of disappearance from May 2007 to September 2009, how each woman was last seen and how her body was found. Between these he summarizes the testimony of the women who survived, and he ends with the discovery of the bodies on October 29, 2009, the arrest and Sowell's claims in interrogation that he could not identify the bodies and had choked the women in his dreams.

What Makes the Recording Significant

It preserves the first half of the judge's own narrative of the case at sentencing, as delivered in open court, and documents Sowell's silence when given his last chance to address the court before sentence.

Important Caveats

Sowell is not heard. The video is part 1 only and does not contain the sentence. The defense counsel's remarks (8:32 to 9:12) are badly garbled in the machine text and must not be quoted until checked by listening. Three surviving victims named by the judge are withheld in the transcript and must not be named on the page; Gladys Wade, who testified under her own name, is named in the recording. Sowell's statements in interrogation, as summarized by the judge, are his claims. Several dates and words are unresolved in the machine sources (see the transcript's variant readings), including the year Kim Smith was last seen (AP reported in November 2009 that she was last seen that January, that is, January 2009).

Judge Dick Ambrose: Thank you, everyone. You may be seated. Good morning. Okay, we are here on [unclear: "CR" / "piece"] 530885. This is State of Ohio versus Anthony Sowell. Mr. Sowell is present with his attorneys, [unclear: "partnering with the Sims" (captions); probably Mr. Parker and Mr. Sims]. Also here on behalf of [inaudible], assistant prosecuting [unclear: names garbled in the captions as "Greg Vaughn back Katie power and bail"; not transcribed]. And we are here for sentencing in this case, ladies and gentlemen. And this is going to be a proceeding that's going to take [inaudible]

Judge Dick Ambrose: [inaudible] ask you first for your patience. Also, I do have to go over a few rules of decorum. Again, this is a sentencing hearing. It is a proceeding at law before a court. [inaudible] at some portion of this hearing, [inaudible] in this case, for the victims themselves, will be able to address the court. I want that to be conducted with all proper decorum and respect for this court and respect for the process of justice that has led us here today.

Judge Dick Ambrose: All of you have certainly a lot of emotions concerning matters that have been before this court for the last two months and beyond, and I understand that, but you have to understand that we have a process here. It's been [inaudible]. There's only been two little minor incidents with respect to anything regarding spectators. So I'll ask those of you, again, who are speaking on behalf of deceased victims to honor their memories and to certainly proceed in accordance with the rules, [inaudible] and just respect for all those that have gone before this court.

Judge Dick Ambrose: With that, what I will do is review what the charges were, what the findings were, and then review with the defendant his obligations as a Tier III sex offender, as many of the counts included sexual motivation specifications. So some of the things that have to be done here today are [unclear: "proceeding" / "foreseen"], but must be done in order to have a proper hearing. So we'll take some time, as I indicated; people will get their chance. But I just want to cover that in advance. [unclear: "If we" / "If you"] can't go through this proceeding without saying something, then I think we still have our video facility available on the 12th floor. So please be mindful of that.

Judge Dick Ambrose: Okay, now as we get into the hearing itself. [inaudible] Jury, as we know, [unclear: "is simply" / "suddenly"] welcome the jury back for this proceeding. Again, thank you for your service on this case. But on July 22nd, 2011, the jury did return verdicts in this case: guilty beyond a reasonable doubt [unclear: "of all but one of 82 counts" (captions) / "of all but 82 counts" (Whisper)] in the indictment, along with the multiple specifications that were submitted to them. And of those verdicts, 21 were for aggravated murder. And for those counts, the jury found the defendant guilty of purposely causing the deaths of Tonia Carmichael, Nancy Cobbs, Tishana Culver, Crystal Dozier, Telacia Fortson, Amelda Hunter, Leshanda Long, Michelle Mason, Kim Yvette Smith, Janice Webb and Diane Turner. And those were the prior calculation and design [inaudible] [unclear: "in the jury" / "her"] in course of conduct specifications associated with each of those charges of aggravated murder.

Judge Dick Ambrose: And the jury also found the defendant purposely attempted to kill (name withheld), (name withheld) and Gladys Wade. The jury also found the defendant guilty on the other charges, which were kidnapping in Counts 3, 4, 9, 10, 15, 16, 21, 22, 27, 28, 33, 34, 45, 46, 51, 52, 57, 58, 63, 64, 67, 68, 74, 75, 80 and 81. The jury found the defendant guilty of abuse of a corpse in Counts 5, 11, 17, 23, 29, 35, 41, 47, 53, 59 and 65. Also, the jury found the defendant guilty of tampering with evidence in Counts 6, 12, 18, 24, 30, 36, 42, 48, 54, 60 and 66; attempted murder of (name withheld), (name withheld) and Gladys Wade in Counts 69, 76 and 82; felonious assault [unclear: "on victims" / "victims"] in Counts 70, 71, 77 and 83; and rape in Counts 72, 73, 76 and 79; also attempted rape in Count 84.

Judge Dick Ambrose: Now, that was the jury's verdicts on July 22nd. On July 27th, there was a bifurcated proceeding in this case. In other words, the defendant waived a trial by jury on certain of the specifications associated with the [unclear: "counts in the indictment" / "counseling indictment" / "counts involvement"], and the court did conduct a bench trial on those specifications. After a trial to the court, the court found the defendant guilty of the repeat violent offender, sexually violent offender, and the notice of prior conviction specifications associated with the remaining counts of the indictment. The court then advised the defendant that the case would go forward to the jury for consideration in the sentencing [unclear: "case" / "phase"]. The defendant waived his right to a presentence investigation and mental health examination, but did exercise his right to make an unsworn statement at the sentencing hearing.

Judge Dick Ambrose: [inaudible] sentencing phase, the state reintroduced the evidence that it had introduced during the trial phase and then rested. The defense called 25 witnesses to the stand, including the defendant, who gave his unsworn statement, and the state called two witnesses [unclear: "and rebutted" / "in the"]. Both parties did submit [inaudible] to the jury for consideration at the close of all the evidence. On August 10, 2011, the jury found that the aggravating circumstances of the felony murder and course of conduct specifications associated with each count of aggravated murder outweighed the mitigating [inaudible] and returned a verdict recommending that the sentence of death be imposed on Anthony Sowell.

Judge Dick Ambrose: And pursuant to Revised Code Section 2929.03, subsection [unclear: "F" / "after"], this court must conduct an independent review of the facts and weigh the aggravating circumstances of felony murder and course of conduct against the mitigating factors [unclear: "from"] that are obtained from all the evidence in this case. Before the court goes through its analysis, however, the defense, the defendant has the opportunity to be heard, and then the defense has the opportunity to [unclear: "consider what to conserve"] in mitigation of penalties. So at this time, I will ask Mr. Parker if the defense is going to make any comments or statements.

Defense Counsel: [Whisper only; the captions have no text for this passage, and the machine text is garbled.] In fact, I don't think we're going to say anything other than [unclear: "a number of extensive testimony"] throughout the entire case, obviously. We're going to ask you to consider all the [unclear: "many"] evidence, both in the first and second [unclear: "days"] of making your decision. I also ask that you take into consideration that [unclear: "an employee offer to be guilty to the indictment for the trial, as long as the defendant is not going to lose the evidence of the fine by the state. In the building, you agree to the maximum of the second penalty, you agree to the minimum of appeals, as long as the staff is not opposed"]. So I think that's something we can ask you to do.

Judge Dick Ambrose: Thank you. All right, and I also have to advise the defendant. Mr. Sowell, you have the right of allocution, or the right to make a statement here before the court, before the court does proceed any further. Do you wish to make a statement to the court, Mr. Sowell? [09:26 to 09:28: no response from Anthony Sowell.]

Defense Counsel: He's not going to make a verbal response to that. [09:31 to 09:37: no speech picked up.]

Judge Dick Ambrose: All right. All right, then, Mr. Sowell, I'm proceeding on the basis that you do not wish to make a statement. You've been advised that you have that opportunity. You [unclear: "have to"] remain silent when the court has offered you that opportunity, and so we will proceed.

Judge Dick Ambrose: Now, I do have to, before I go into my analysis of the facts, it is [unclear: "obvious what's" / "obvious"] necessary for me to review with the defendant his registration requirements, again because there are several rape charges here; there's also sexual motivation specifications for which the jury found the defendant guilty, and that does then classify the defendant as a Tier III sex offender, so I have to review with him the requirements as a Tier III sex offender before we can go any further.

Judge Dick Ambrose: Now, as a Tier III sex offender, Mr. Sowell, you are required to register in person with the sheriff of the county in which you establish residency within three days of coming into that county, or if temporarily domiciled for more than three days. You are also required to register in person with the sheriff of the county in which you establish [inaudible] [unclear: "and into that county" (captions)]. If you establish a place of education in another state but maintain a residence or temporary domicile here, you are also required to register in person with the sheriff or other appropriate official in that other state immediately upon coming into that state. You are also required to register in person with the sheriff of the county in which you establish a place of employment if you have been employed for more than three days or for an aggregate of 14 days in the calendar year.

Judge Dick Ambrose: If you establish a place of employment in another state but maintain a residence or temporary domicile here, you are also required to register in person with the sheriff or other appropriate official in that other state if you have been employed for more than three days or for an aggregate of 14 days in the calendar year, and employment includes volunteer services. You are required to provide the sheriff with temporary lodging information, including address and length of stay, if your absence will be for seven days or more. After the date of the initial registration, you are required to periodically verify your residence address, place of employment and/or place of education in person at the county sheriff's office no earlier than 10 days prior to your verification date.

Judge Dick Ambrose: And if you do change residence address, place of employment and/or place of education, you shall provide [unclear: "a sheriff" / "the sheriff"] with whom you most recently registered and [inaudible] or establish a place of employment and/or place of education at least 20 days prior to any change and no later than three days after change of employment. If the residence address changes not to a fixed address, you shall include a detailed description of the place or places you intend to stay, and no later than [inaudible] they obtain a fixed address, you must register with the sheriff that fixed address. And you shall provide written notice within three days of any change in vehicle information, email address, internet identifier or telephone numbers registered to or used by you to the sheriff with whom you have most recently registered.

Judge Dick Ambrose: [unclear: "As a fender" (Whisper) / "Thunder" (captions); probably "As a Tier III offender"], you are required to register for your lifetime with in-person verification every 90 days. I'll ask counsel just to have the defendant sign this form for me, [unclear: "to pick the yellow copy on the back"], and that will be [unclear: "as satisfied as the court is notified"] about those registration requirements. [13:15 to 13:29: no speech picked up.]

Defense Counsel: I don't think he's going to sign this.

Judge Dick Ambrose: Then I'll have counsel sign it for him in open court. [pause] Okay.

Judge Dick Ambrose: Now, going forward again, in a capital case, or death penalty case, such as this one, the law requires that the court do an independent analysis of the aggravating circumstances and mitigating factors and weigh those against one another. The court does have the option of not following the jury's [unclear: "record" / "right"] and imposing instead the only other penalty that can be imposed in this case, which was a life sentence without the possibility of parole. So the court is required to do that analysis. I have done that analysis and will review that for you now.

Judge Dick Ambrose: First, the aggravating circumstances in this case that have to be weighed against the mitigating factors are, number one, that the offense of aggravated murder was committed while the offender was committing or attempting to commit, or fleeing immediately after committing or attempting to commit, kidnapping, and either the offender was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder [inaudible]. And two, that the offense was part of a course of conduct involving the purposeful killing or attempted killing of two or more persons by the defendant.

Judge Dick Ambrose: Now, regarding these aggravating circumstances, the state introduced evidence during the trial phase, which was reintroduced during the mitigation [inaudible] reasonable doubt that the defendant, Anthony Sowell, purposely caused the deaths of 11 women over approximately two and a half years. The state's evidence also established that, except for one victim, Leshanda Long, the defendant committed each aggravated murder while committing or attempting to commit kidnapping. [inaudible] County medical examiners Dr. Krista Pekarski, Dr. Frank Miller and Dr. Elizabeth Balraj clearly established that the deaths of all 11 victims were homicides and all but three were caused by asphyxia due to cervical compression. Trace evidence analysis, analysts, excuse me, Christopher [unclear: "Kern" / "current"] and Curtis Jones testified as to the various ligatures and bindings found around the bodies of nine of the 11 victims, establishing the restraint element of kidnapping by direct evidence.

Judge Dick Ambrose: The aggravating circumstances [unclear: "prove" / "proved"] beyond a reasonable doubt, and the nature and circumstances are entitled to great weight in the process of weighing them against the factors in mitigation. The mitigation factors considered by this court include the evidence presented at trial, the arguments of counsel and the statement of the defendant, the relevant factors identified in Ohio Revised Code Section [inaudible] (B), and any and all other information and reports that are relevant to the nature and circumstances surrounding the aggravating circumstances, including but not limited to the history, character and background of the defendant.

Judge Dick Ambrose: And during the mitigation phase, in addition to the various witnesses testifying as to his history, character and background, the defendant also introduced the testimony of Dr. Dale Watson, a neuropsychologist, and Dr. George Woods, a neuropsychiatrist, and their testimony concerned whether at the time of the offense the defendant, due to a mental disease or defect, lacked substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. The defendant also offered, as a factor relevant to the issue of whether the defendant should be sentenced to death, [inaudible] the records expert and former Marine to describe the defendant's performance and career in the United States Marine Corps. Defendant's mitigation expert, Lori James-Townes, also testified about the defendant's social history and background, as will be discussed further. The defendant's mitigation [inaudible]. [unclear: "Determining" / "Turning"] whether the aggravating circumstances outweigh the mitigating factors:

Judge Dick Ambrose: First, the court reviews the circumstances surrounding each of the aggravated murders of the 11 victims, and this is solely to determine the presence of any mitigating circumstances. The aggravated murders, or murder for each victim, or murders collectively, are not considered part of the aggravating circumstances relating to a particular victim, nor does the court give the aggravated murder, the individual aggravated murders, any weight against the mitigating factors presented in this case.

Judge Dick Ambrose: But going back through that evidence, the first person to disappear in this case was Crystal Dozier. She was last heard of on May 17, 2007. Her body was found almost two and a half years later, buried in a shallow grave in the backyard of 12205 [inaudible], elaborately wrapped in multiple layers of heavy-duty plastic sheets, which were held in place with duct tape and electric cable. There was a cloth fabric ligature wrapped tightly around the neck, and the hands were bound at the wrist and held above the head. The ankles were bound with wire cables. The body was nude. The cause of death as asphyxia by cervical compression due to ligature strangulation, and Crystal Dozier's death was ruled a homicide.

Judge Dick Ambrose: Tishana Culver was last seen sometime in March of 2008. [inaudible] in the crawl space next to the south bedroom of the third floor of 12205 Imperial Avenue on October 30, 2009. The body was wrapped in multiple black plastic bags secured with gray tape in the center and was covered with dirt. The body was clothed in a T-shirt, dress pants and socks. Autopsy revealed a knotted rope binding the wrists and a fractured hyoid bone in the neck. The coroner ruled the death a homicide caused by asphyxia due to strangulation.

Judge Dick Ambrose: Leshanda Long disappeared in the summer of 2008. [inaudible] The only remains of Leshanda Long that were recovered was her skull, which was found in a bucket in the basement of 12205 Imperial Avenue, and the cause of death was determined to be homicidal violence.

Judge Dick Ambrose: Michelle Mason went missing in October of 2008. [inaudible] backyard at 12205 Imperial Avenue, and the body was wrapped in two black plastic bags, a black comforter, a discolored orange blanket and additional black plastic bags with gray tape in the center. There was a cloth ligature secured with a loop knot around the neck [inaudible] and the body [inaudible]. The coroner ruled Michelle Mason's death a homicide, with the cause of death asphyxia due to cervical compression caused by ligature strangulation.

Judge Dick Ambrose: Tonia Carmichael was last seen alive on November 10, 2008. Her body was found in a shallow grave next to a bush in the backyard of 12205 Imperial Avenue. It was wrapped in clear plastic material. The body was nude. An electrical cord, believed to be the charging cord of a cell phone or camera, was wrapped tightly around the neck. The wrists were tied behind the body with a cloth ligature. The death was ruled a homicide, and the cause of death was asphyxia due to cervical compression caused by ligature strangulation.

Judge Dick Ambrose: Gladys Wade came into court and testified that on December 8, 2008, she was walking towards [unclear: "100" / "on her"] East 116th and Kinsman to catch a bus when she stopped at the beverage store [unclear: "in" / "on"] East 120. As she left the store, a person she identified as the defendant said "Merry Christmas" and began to follow her, attempting to strike up a conversation. She was continuing to walk toward the bus stop and not trying to get involved in that conversation when the defendant grabbed her from behind and [unclear: "began to drive into" (Whisper) / "again after driveway into" (captions)] 12205 Imperial. Ms. Wade testified that she passed out due to the choking and woke up on the third floor of the defendant's house in a room with a Christmas tree. She began to scream, and the defendant then punched her and said, "Bitch, take your clothes off."

Judge Dick Ambrose: A struggle ensued between Ms. (name withheld; the judge's slip, corrected at once) and the defendant, which eventually led to their tumbling, uh, excuse me, Ms. Wade and the defendant, which eventually led to their tumbling down the hallway and into a glass door, [unclear: "shattering, which shattered"], and then cut Ms. Wade's thumb. Ms. Wade escaped from the defendant's house and ran across the street. [unclear: "I'm on one" (both sources)] store owner refused, told her to leave the store because she was bleeding on the floor, and told her to use a pay phone outside. The defendant then crossed the street, came into the store and threw her the sweater that she had left at the house. Cleveland police cruiser officers did investigate, and an arrest was made; however, the defendant was released with no charges filed at that time because a city prosecutor deemed there to be no credible evidence.

Judge Dick Ambrose: Kim Smith was last seen on January 17, [unclear: "2008" (Whisper) / "2000..." (captions, cut off)]. [inaudible] in the backyard of 12205 Imperial Avenue, buried in a shallow grave and wrapped in two sheets of translucent plastic and three plastic, black plastic bags. There were no ligatures found around the neck, but the body had fabric twine bindings around the wrists, tied in front of the body, and the ankles. The body was nude from the waist down. The death was ruled a homicide, and the cause of death was homicidal violence, type undetermined.

Judge Dick Ambrose: Amelda Hunter was last seen sometime during the middle of April 2009. [unclear: "the Melda was hunter" (captions only)] Amelda Hunter's body was found in a shallow grave in the backyard of [unclear: "12205" / "one, two, two"] [inaudible] in multiple heavy-duty plastic garbage bags. There was a ligature in the form of a shoulder strap [unclear: "on" / "in"] the handbag or carrying case wrapped tightly around the neck. The body was nude from the waist down. The death was ruled a homicide, and the cause of death was asphyxia due to cervical compression.

Judge Dick Ambrose: (name withheld) then came into court and testified that on April 21, 2009, she went to the defendant's house to watch the Cavaliers game, drink and get high. The defendant was talking about his ex-girlfriend, (former partner, name withheld), and after taking a hit on a crack pipe, he grabbed Ms. (name withheld) by the throat, pushed her up toward the headboard of his bed and began choking her. As he was choking her, the defendant said, "Bitch, you can be the next crackhead bitch dead up in the street with nobody give a fuck about you." Ms. (name withheld) testified that she had tears coming out of her eyes. The defendant then told her, [unclear: "if he wants to live" / "if he want to live"], knock three times on the floor. After indicating that she did want to live by knocking three times on the floor, the defendant released her. The defendant then slapped her and said, "Bitch, shut the fuck up, take off your clothes."

Judge Dick Ambrose: Ms. (name withheld) asked to go to the bathroom to look at her face, which was swelling. The defendant [inaudible] went back in the room. She testified that she started to put her clothes back on. The defendant told her, "Bitch, nobody told you to put your clothes back on." In response, Ms. (name withheld) testified that she laid down on the side of the bed naked in the fetal position and cried herself to sleep. In the morning, she stated that the defendant acted as if nothing had happened. [unclear: "Without her daughter needing her due to a sick child" (Whisper) / "about our daughter kneading her new with a sick child" (captions)], and the defendant let her leave. Ms. (name withheld) did not report this incident to the police until after she became aware of bodies being found at 12205 Imperial Avenue.

Judge Dick Ambrose: Nancy Cobbs was last seen [inaudible]. Her body was found wrapped inside six black plastic bags and a white blanket and was lying on the floor of the south bedroom on the third floor of 12205 Imperial Avenue. The body was nude from the waist up and had a 36-inch-long shoelace wrapped two times around the neck, and there was also a sock tied around the neck. The wrists were bound by an 18-inch-long shoestring. The death was ruled a homicide, with the cause of death [unclear: "six-year" (Whisper) / "fix you up" (captions); probably "asphyxia"] by cervical compression due to ligature strangulation.

Judge Dick Ambrose: Janice Webb was last seen on June 21, 2009. Her body was found [unclear: "in 9th Avenue" (Whisper) / "having you" (captions)] under a pile of dirt located under the basement steps. The body was found in a plastic bag, nude, with a belt tied tightly around the neck, wrists bound in front by shoelaces, and a shirt tied around the mouth as a gag. The coroner ruled the death a homicide, and the cause of death [unclear: "after her strangulation" (Whisper) / "mr. strangulation" (captions)].

Judge Dick Ambrose: Telacia Fortson, she disappeared in June of 2009 and was last seen by her daughter on June 3, 2009. Her body was found lying on the floor in the south bedroom of the third floor of 12205 Imperial Avenue, [inaudible] from the waist down, and there was a shirt tied around her neck as a ligature. Her death was ruled a homicide by the coroner, and the cause of death was asphyxia by cervical compression due to ligature strangulation.

Judge Dick Ambrose: Diane Turner was last seen in late August, early September 2009. Her body was found lying on the floor of the south bedroom on the third floor of 12205 Imperial Avenue, nude from the waist down and with a black plastic bag around her leg. There were two robes and a pair of black pants laying over the body. The coroner ruled her death as a result of homicidal violence of [unclear: "undertone" (Whisper) / "bundage" (captions)].

Judge Dick Ambrose: (name withheld) came into court and testified that on September 22, 2009, she went to the house at 12205 Imperial with the defendant to drink and get high. After smoking and drinking, the defendant told her to stand up and turn around. The defendant then put his hand on the back of her neck, [unclear: "kind of forced her" / "kind of forceful"], and she turned around and pushed him. She testified that at that point he hit her hard on the side of her face and told her to take off her clothes. She took off her pants, and he forced her to lie down on a blanket spread on the floor. The defendant performed oral sex on her. Ms. (name withheld) testified that she was crying. The defendant then made her turn onto her stomach, and he penetrated her vagina with his penis from behind. As he was penetrating her, he put an extension cord around her neck and began to squeeze it until she could not breathe. She tried to struggle but eventually passed out.

Judge Dick Ambrose: When she woke up, she testified that the defendant looked shocked that she had woken up. He then told her that he was going to kill her and then himself because he knew he was going to jail. Ms. (name withheld) assured him that he was not going to jail and then turned the focus onto her ripped sweater. The defendant then told her to come back tomorrow and he would [unclear: "pay her for the sleep" (Whisper) / "repay her for this" (captions)] [inaudible] again together at that time. Ms. (name withheld) did seek treatment for her injuries and did report it to the police. After delays in communication between Ms. (name withheld) and the police, a warrant was obtained for the arrest of Anthony Sowell, and while attempting to serve [inaudible], police began the discovery of bodies at 12205 Imperial Avenue.

Judge Dick Ambrose: (name withheld) also came into court and testified that on October 19, 2009, she did have [unclear: "a" / "the"] [inaudible] a prior period of sobriety and met the defendant, went back to his house and was smoking crack cocaine and drinking with the defendant. She did leave the house that morning but then realized she left her ID back at the house. She went back to the house, hollered up to the defendant to throw down her ID. The defendant told her to come up and get it. As she entered the house and began walking up the stairs, the defendant grabbed her from behind, put her in a military chokehold and dragged her upstairs to his bedroom on the third floor. Once in the bedroom, the defendant told her to take off her clothes and get on the bed. He told her to lay on her stomach and then proceeded to violently rape her.

Judge Dick Ambrose: While he was raping her, the defendant was talking about how he hated [unclear: "you bitches" (Whisper) / "these [masked]" (captions)]. He said, "Look at [unclear: "you" / "me"]. You've got a husband at home and you're out here in the streets." According to Ms. (name withheld), the defendant was saying, "That's why I [inaudible]." [unclear: "testified" / "to find"] that the defendant tried to penetrate her anus with his penis, and she screamed. The defendant then started closing windows, and when he left the room to close other windows, Ms. (name withheld) began to climb out of the window in the bedroom to escape, thinking that she could hang, drop and perhaps only break a leg or twist an ankle. [unclear: "The room saw" (Whisper) / "Saruman Thomas" (captions)] Ms. (name withheld) hanging from the window, the defendant tried to pull her back into the house. However, when the defendant realized he could not pull her back in, he shoved her down as hard as he could. Ms. (name withheld) fell to the ground below, broke both hands, eight ribs, fractured her skull and experienced an aneurysm. The fall also rendered her unconscious.

Judge Dick Ambrose: On October 29, 2009, Cleveland police SWAT units entered the house at 12205 Imperial and found the bodies. The defendant was later arrested on October 31, [unclear: "2003" (Whisper) / "2000..." (captions, cut off)], [unclear: "extreme" (captions only)] near Mount Auburn Avenue, which was a few blocks from Imperial Avenue. The defendant gave police a false name and indicated that he had been stopped the day before and cleared. However, when it was suggested that the police would run his fingerprints through their computer system, the defendant [inaudible]. During the following extensive interrogation by Cleveland police homicide detectives, the defendant could not identify any of the six bodies that had been recovered from his house at that time. He described [unclear: "dreams" (Whisper) / "during" (captions)] and that he choked them, and according to the defendant, he did this in his dreams to punish them. [33:00 to 33:01: the video ends here, in the middle of the judge's analysis.] ---