Polygamist killer denied clemency
Polygamist killer in Oklahoma denied clemency

By Julie Bisbee

Published: August 22, 2008

As the Pardon and Parole Board on Thursday voted unanimously against clemency for a man sentenced to death for the murder of his 11-year old niece, Janelle Jenkins threw her hands up in elation and hugged her husband.

Jessie James Cummings, 52, was convicted of the 1991 murder of his sister and niece. Prosecutors said Cummings had two wives and persuaded them to kill his sister Judy Ann Moody Mayo and her daughter, Melissa. Cummings is scheduled to die by lethal injection Sept. 25.

Jenkins, who married Cummings at 18, testified at Thursday's hearing about Jessie Cummings's controlling and abusive behavior. Jenkins left Cummings shortly after he brought another woman into their home.

Prosecutors said he constructed a twisted plot in which his wives would kill his sister so he could continue to molest his 11-year-old niece. The women, Juanita and Sherry Cummings, followed their husband's orders because they were afraid of what might happen to them or their children.

Jenkins testified how Jessie James Cummings beat her when she tried to leave and threatened to kill her family if she left.

This behavior pattern continued into his later relationships, Assistant Attorney General Robert Whittaker said.

"This man is either a monster, a misogynist sociopath with no remorse or a mild-mannered loving father, loving brother and loving uncle who would never harm a fly,” Whittaker said. "Who are you going to believe? Nobody is here saying he was a nice guy except his attorney.”

Prosecutors said Cummings stabbed and slit his niece's throat after having sex with her twice. The girl's body was found dumped in Choctaw County. Her mother's body was found near Atoka Lake in southeastern Oklahoma.

The case went unsolved until 1994, when Juanita Cummings confessed to killing Mayo. After that, Sherry and Jessie Cummings were arrested. However, there was no physical evidence linking Jessie Cummings to the crime.

Even so, Jessie Cummings was convicted in both deaths.

The Court of Criminal Appeals threw out Jessie James Cummings' conviction in his sister's death because there was no testimony linking him to the crime, outside of testimony from accomplices. The court upheld his conviction in his niece's death.

Jessie Cummings, who has maintained his innocence for the past 14 years, says his wives conspired against him.

He said he was married to both women and that the women had an "open relationship.”

Juanita Cummings, 39, is serving a life sentence for second-degree murder. Sherry Cummings, 40, is serving time after being convicted of allowing child abuse and two counts of being an accessory after the fact.

Jessie Cummings told board members Thursday that he was taking his father to an Oklahoma City hospital at the time of the crime.

"Nothing or no one can tie Jesse to this crime,” said Cummings attorney, Chris Eulberg. "I ask that he not be denied clemency because he didn't want to lie to the court.”