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Circumstances of Offense:

Brett Bogle, the defendant, was convicted and sentenced to death for the murder of Margaret Torres on 09/13/91.

Margaret Torres stayed with her sister, Katie Alfonso, four to five nights a week. In June 1991, Alfonso met the defendant, and soon after, Bogle moved in with the two sisters. Since Bogle and Torres never got along, Alfonso had to ask him to move out. The three remained acquaintances and went out together on 09/01/91, the week after Bogle moved out. During the course of the evening, Bogle and Torres began to argue. The sisters refused to let him in their house, but Bogle broke through the screen door and pushed his way past Alfonso to stop Torres from calling 911. Bogle warned Torres that he would kill her if she told the police and pressed charges. Bogle called Alfonso a few days after the incident and again threatened that if Torres contacted the police, she would not live to tell about it.

On 09/13/91, Bogle ran into Torres at a local bar. Witnesses testified that Bogle was clean and free of any visible injuries when he entered the bar and that he and Torres spoke briefly. Torres left the bar at 1 a.m., and the defendant was seen leaving five minutes later. When Bogle was seen 45 minutes later outside the bar, his clothes were soiled, his crotch was damp and his face was scratched.

Torres’ nude body was found the next day close to the bar. She had been beaten severely, her head had been crushed with a piece of cement, and medical examiners found semen in her vagina and anus. Tests confirmed that the semen matched Bogel’s DNA type, and that only 12.5 percent of white males could have left that particular type of semen.

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