In a place where affiliations are always clearly delineated, this was as infuriating as the cheerleaders themselves. at that point.". But George W. Bush, Jr. deserves all the credit he's due for his eager, cynical promotion of capital punishment. Inside the unit, when asked if he had any last words, 47-year-old Hughes,
He comes in only to pronounce death." Channel 2's Suzanne Boase called it an "anti-death-penalty commercial.". And he said the stunt, however "ignorant and insensitive," had served
The North Carolina Death Records Search links below open in a new window and take you to third party websites that provide access to NC public records. Date ofMurder
Trooper Frederick exited the police car and walked up to the driver's side door of Hughes's car. "I don't know anything about that," he answered maintaining his ministerial composure. When the warden asked if he had any final words, he replied "Yes, I do" in a clear and strong voice. However, at a second psychiatric interview prior to his second trial, he denied having any amnesia and stated that he recalled everything about the offense. In fact, composure and "extra mile" consideration seemed to permeate the day as the prison staff went about the ritual of the execution. Billy was 57 years old at the time of death. The troopers observed that the car had been struck by several bullets, and inside the car was a holster and a room key from the Days Inn Motel in Brookshire. ). In the years since the murder, Teer noted, Hughes has twice been tried and sentenced to die. Don't give up, don't give in. His presence His kindness continued to blunt my anger as I asked about how the medicine used in the execution is prescribed. "Is this what George Bush wants?" The amorality of the death penalty has long been recognized for what it is throughout Europe and much of the rest of the world. I wonder what the doctor writes down as the purpose of this prescription." "No, you punish him. Hughes's conviction was automatically appealed to the Texas Court of Criminal Appeals and was affirmed in a published opinion. The pro/con groups are accustomed to their respective public roles in Texas' ongoing bacchanalia of barbarity. Rounds further testified that Hughes liked guns and was a good shot, and that he once choked her until her mother intervened. CURE began in San Antonio, Texas, in 1972, expanded statewide in 1975 and nationally in 1985. Both Rounds and Hughes were members of the Jehovah's Witnesses until Hughes was expelled from the group for incessant lying and bad-check writing. they had a lighted scoreboard counting the number of executions.
Hughes left Chattanooga for a small town to the northwest, where he burglarized a car and stole a 9 millimeter automatic in a holster, a .45 pistol in a holster, a .300 Magnum rifle with a scope, a .30 caliber carbine, .38 caliber shells, and an empty holster. unsuccessful appeals that ended with the U.S. Supreme Court rejecting
"WHILE THE BAND PLAYS ON," by Philip Brasfield. His mother, Jane Morris, was a domestic servant, and died when he was seven. A few days later, Hughes returned to Chattanooga where he bought ten-dollar traveler's checks, cashed two, reported all ten stolen and received a one-hundred dollar refund. "If there was a positive out of this, for the first time ever the 2
Billy half in jest whispered to us, "How will I buy a soft drink when I get back to death row?" The rhetoric between the two sides heated up again this week, as it does whenever the state passes a death penalty milestone or carries out a particularly controversial execution. Don't give up, don't give in. At that time 25 years old, Hughes had served time
01-26-00 - TEXAS:
The jury took only 47 minutes to sentence Hughes to death. for various offenses in his home state of Alabama and was wanted for
Later, I found out that this was the signal to the execution team located behind the one-way, glassed-in room across from us. Kill 'em to the left. Clements agreed
Due to family considerations he left Hollywood in the early 1960's despite a promising career. The amorality of the death penalty has long been recognized for what it is throughout Europe and much of the rest of the world. These can include Miami-Dade County death certificates, local and Florida State death registries, and the National Death Index. PROCEDURAL HISTORY
On June 9, 1988, a jury found Hughes guilty of the charged capital offense. They were handing out anti-George W. Bush signs and
Clements agreed
In my opinion, Texans are not the mean-spirited individuals the media portrays and even they like to present. Approaching the Ford behind Frederick, Reichert heard a "muffled shot" and saw Frederick "lurch" to the side. Jay Martel wandered through the pro-death-penalty crowd outside the Huntsville prison on the night of January 24 without arousing suspicion. Billy George Hughes, Jr. Billy Hughes Jr. played his role to a tee. Mr. Fuccillo was 64 years old who died at his home in Florida. Frederick - give him back his life, give back my father his life and my
execution, complete with cheerleaders and a marching band. think it is likely that is how the family felt about it." According to Hill, he said, "Thank you.". It was over in 15 minutes! 10th murderer executed in U.S. in 2000
out lying like he did," she said, adding that she felt Hughes' statement
Thank you,
Of course, partying when you live for 24 years on death row can mean simply eating a special candy bar. Thank you,
Because of past executions, they were probably used to disgruntled witnesses like me. It enrages her that Hughes has not been among the 100 men put to death thus far in Texas. "For Many, Supporting Capital Punishment is a Personal Matter," by Allan Turner.
While in Alabama, Hughes stole Harold Martin's credit card, a diamond ring from Sam Caldwell, and some checks from Caldwell. He offered cans of ginger ale, passed out foam fingers and praised George W. Bush. The death penalty is many times more expensive to taxpayers than the cost of a life sentence. The fact that Hughes -- who is preparing yet another round of appeals -- continues to live angers many of those who feel strongly that the death penalty is just and that extraordinary delays rob the punishment of its deterrent effect. What provoked Dianne Clements of Justice For All in Houston, a victims'
Finally, and I know most would not agree, Texas will one day be in the forefront of death penalty abolition. According to police reports, Hughes shot the trooper in the chest as he
He was only 57 years young. Execute, execute, sis, boom, bah . moment that I have had.
The troopers were responding to a dispatcher's report that a man driving a similar car had attempted to use a stolen credit card at a nearby motel. Citations:
DRUGS AND/OR ALCOHOL
If I was going to feel any sympathy for him, I lost it all
It startled me to read his venomous condemnation of Billy or any other prisoner's attempts to remain as human and humanized as possible from deep inside prison, from behind the locked doors and concrete walls and razor wire barriers which hide the reality of doing time from the rest of the world. We shared in common a number of interests and beliefs and pursuits, including one which hews close to the notion that, no matter what, one must live each day as well as possible, and accomplish whatever you can because of the odds, not in spite of them. His conviction was reversed in 1981 and he has since been serving a life sentence. Date of Execution
Hughes was pronounced dead at 6:18 p.m., 8 minutes after a lethal
While unexpected and downright surreal, I think that marching bands and cheerleaders are just what are needed at Texas
Hughes then fled the scene. However, at a second psychiatric interview prior to his second trial, he denied having any amnesia and stated that he recalled everything about the offense. If I am paying
Ranger Scholton went to the location by helicopter, where he spotted Hughes hiding under a mesquite tree in a pasture. Occupation Actor Years active 1960-1978 Notable work Stakeout! Until 1999, it was also administered by Death Row prisoners. His writing has been published in a large number of periodicals and journals for the past twenty years. Hughes filed a notice of appeal on February 11, 1998, but the United States Court of Appeals for the Fifth Circuit on October 5, 1999, also denied permission to appeal. While in Orlando, Hughes stole some checks that he used to buy jeans, a jacket, a belt, and a hat. Hughes left behind some papers in Kenner, Louisiana, which detailed plans to continue the traveler's check scam, to rob a small-town bank, and to set up apartments in New Orleans, Daytona Beach, and Atlanta, and rob banks in the various cities. We would not have made it this far without the support of the prisoners and their families and friends. He was a role model that anyone could aspire to emulate. "It shouldn't have been this way," Atwood said, shaking his head. This theft occurred sometime during the second or third week of February. Frederick, 26, had been a trooper for 5 years when he stopped Hughes'
The pro/con groups are accustomed to their respective public roles in Texas' ongoing bacchanalia of barbarity. Billy, however, joked with everybody including his keepers. think it is likely that is how the family felt about it. Remembering
All I ask is that I have one day, and all the memories of you and my family and all the things that have happened.
Following a punishment hearing, Hughes was sentenced to death. Rounds also corroborated Agent Owens's version of Hughes's extortion attempts, and she described Hughes as a methodical, deliberate person. Their cheers soon petered out, however, silenced by a kind of dazed consternation close on the heels of the realization that somebody was being duped, as a scantily clad troupe of hired cheerleaders accompanying the band began to chant: "Bush, Bush, he's our man, If he can't kill 'em, no one can!" Bush's hand isn't "on the needle every time an execution occurs." While in Orlando, Hughes stole some checks that he used to buy jeans, a jacket, a belt, and a hat. Texas Department of Public Safety (DPS)Troopers Jack Reichert and Mark Frederick pulled over the 1975 Ford LTD Hughes was driving on Interstate 10 near Sealy, Texas; they were responding to a dispatcher's report that a man driving a similar car had attempted to use a stolen credit card at a nearby motel. Frederick on Interstate 10 in Sealy as Frederick walked toward Hughes'
More or less- the official cause of death was pneumonia. Truth" denied any deception in filming the event. Frederick, 26, had been a trooper for 5 years when he stopped Hughes'
In a prepared statement, Teer said her family finally will be able to go
During the vigil held outside the death house as Billy Hughes was being executed in Huntsville, Texas on January 24, 2000, death penalty supporters -- and opponents -- were amazed and confounded to see a brass band in full regalia marching up the hill towards them. "Desperate times call for desperate measures," muttered Martel. Hughes then went to Atlanta, Chattanooga, and Nashville. ABOLISH Archives (Scripps Howard News Service)
Dr. Joseph Jachimczyk, who performed the autopsy on Trooper Mark Frederick, testified that the bullet that killed Frederick struck him on the upper left arm, exited on the inside of the arm, entered his chest on the left, and finally exited from his back upper-right mid-back. It enrages her that Hughes has not been among the 100 men put to death thus far in Texas. those in Texas who were protesting the execution. Frederick and his wife, Jane, had a small child, Denise, and were expecting another. police officers soon began, with Hughes being found near Sealy about 2
A search of the car revealed the following items: one holster for an automatic handgun on the front seat, one holster for a revolver in the glove compartment, and the following items in the trunk of the car: a fully loaded .30 caliber carbine; a loaded, sawed-off short barrel twelve-gauge shotgun; a .300 Magnum rifle; extra .38 caliber shotgun ammunition; and a Halloween mask. He was 45. that have been meted out since he came into office. According to Hill, he said, "Thank you." While in prison, Hughes earned two college degrees, developed a comic
June 28, 2000 / 4:39 PM / CBS. But, he is not that unique in character from others on death row. C.U.R.E. While in Nashville, Hughes purchased a .45 automatic handgun with another stolen check and stole an Alabama license plate from another car. 608th murderer executed in U.S. since 1976
revelers. Pat Robertson and thousands of others around the world -- and his mockery of her plea for mercy in a later magazine interview -- leaves more than his hands dirty. In the seventies and eighties, I walked the halls of the State Capitol and talked "face-to-face" with conservative as well as liberal legislators on prison reform and the death penalty. After sitting out one year because of his transfer from . death penalty after the Hughes execution Monday. I then asked about the role of the physician in the execution. Hughes' bid for help on Monday. he asked, pushing the limits of playing dumb. What provoked Dianne Clements of Justice For All in Houston, a victims'
For example, this chaplain had been present in over 100 executions. death penalty supporters seemed to join the stunt before realizing it was
-- supported by Pope John Paul II, the Rev. Approaching the Ford behind Frederick, Reichert heard a muffled shot and observed Frederick grunt and lurch to the side. "The cheerleaders?" execution, complete with cheerleaders and a marching band. was subsequently murdered," she said.
P, P-O, P-O-W-E-R . Death! Ballistics experts identified the pistol as the murder weapon. George Bush, he's a killing machine! The confusion moved to a nearby parking lot where a scoreboard read: George 117, Jeb 2. Throughout Texas history, there seems to come a time when the people including their public officials have had "enough" and rise up. and then "Texas, Texas, you're so great, You kill more than any state!". Undoubtedly, Billy Hughes was an exceptional human being. In pigtails, letter sweaters and red-pleated skirts, the fresh-faced drill team chanted, "We are Texas" and "Go, George, Go." 1976 shooting death of Texas Department of Public Safety Trooper Mark
The court also denied permission to appeal. protecting the public when he stopped Billy Hughes on April 4, 1976, and
Billy will be missed by us all. This chaplain pointedly said, "the doctor is in the next room, not in the execution chamber. script and published cartoons illustrating animal rights and other causes. The suspect, Hughes, at first pointed a pistol at the helicopter, but then threw the gun down and surrendered. then, "No!" Hughes claimed he was reaching for his wallet when
Frederick and his wife, Jane, had a small child, Denise, and were expecting another. I asked him what he wanted to do--Billy answered with one word, "Party!" Citizen provocateur and KPFT Prison Show host Ray Hill was a gold mine of information for Moore's segment producers. Rounds further testified that Hughes liked guns and was a good shot, and that he once choked her until her mother intervened. The doctor came in and pronounced him dead. "I'm pro Texas!" Billy will be missed by us all. The family of Alan Nicholls have spoken for the first time about how he. In fact, composure and "extra mile" consideration seemed to permeate the day as the prison staff went about the ritual of the execution. Hughes left Louisiana for Texas, staying in Beaumont, Texas, on the night of April 2, 1976. Even the news media -- well, those outlets that didn't miss the demonstration for days by relying on the AP feed -- didn't know where to put the blame or the credit. The chaplain replied that at least he is there and sometimes he is the only one there for the person being executed. Sharp put his hand on Atwood's shoulder and said, "Anti-death-penalty and pro-death-penalty strongly believe in what they're doing, and that doesn't include disrespecting the other side." Hughes only stayed in Pensacola for a day or two before leaving for Orlando. ABOLISH Archives (The Huntsville Item)
How did Hughes take the news that his death would be surrounded by satirical fanfare? Trooper Reichert then called for assistance and tended to Trooper Frederick; however, Reichert could find no pulse. The Court of Criminal Appeals denied Hughes's request for relief on February 26, 1997. "I'll be happy not to hear any more lies," she added. The death penalty is many times more expensive to taxpayers than the cost of a life sentence. anti-death penalty personalities, including representatives of the
Walker County District Attorney David Weeks, who was the prosecuting
family," he said. family," he said. "His story about what happened is not
Executed January 24, 2000 by Lethal Injection in Texas
being he was.
On March 30, 1976, Hughes left Montgomery for Louisiana, where he used Martin's credit card for food, motels, and gasoline. by mge-6 "You just can't have closure until the person who executed your child is put to death," said Brenda Solomon, a Waco woman whose daughter was sexually assaulted and murdered by notorious killer Kenneth McDuff, a former death row inmate released from prison. They believe the sentence is ineffective and immoral, that Texas, with its death row population in excess of 400 , is running a death mill. Who would have thought it would have taken 24
As his mother described it, "He was blown all over the road.". "The cheerleaders?" He is best known for his songs with Philip Bailey, Bette Midler, The Jacksons, The Sisters Of Mercy, Noel Paul Stookey, his band Lazarus, and his solo career as a recording artist. Billie Holiday didn't have an easy upbringing. He comes in only to pronounce death."
happened. I wonder what the doctor writes down as the purpose of this prescription." On September 10, 1997, Hughes filed a petition for writ of habeas corpus and a motion to stay his September 19, 1997, execution in federal district court. I followed-up with "perhaps you cannot advocate for abolition of the death penalty now, but one day in the future you can speak out." Billy Fuccillo's cause of death was related to his health problems. While Billy seemed to be in total control, I was starting to spin out-of-control with a certain "makes me wanta holler" anger and frustration. He then left Orlando for Daytona Beach, where he was robbed after leaving a nightclub. be a revolting display. Two days later, a helicopter approached a field where a suspect was reportedly seen. I am not the same
Hughes then returned to Fair Hope and retrieved some clothing from a cleaners and attempted to fake his death at a local beach by leaving his shirt and pager. Lethal injection, rah, rah, rah! he whooped. Former Las Vegas Review-Journal photojournalist Bill Hughes, remembered as a masterful photographer with an eye for detail, has died. "I love you all and my family. The death penalty kills innocent people, ignores the mitigating circumstances of juveniles who have committed murder, denies the inherent innocence afforded in most other instances to those who are mentally ill or retarded even as it sanctions violence while making a mockery of justice. In a prepared statement, Teer said her family finally will be able to go
A correctional officer wanted to know his request for his last meal. Throughout Texas history, there seems to come a time when the people including their public officials have had "enough" and rise up. simply, "Yes I do," and then began his statement. Internet Sources:
On the evening of April 4, 1976, Billy George Hughes checked into the Days Inn Motel in Brookshire (west of Houston), Texas, using a stolen credit card. "REFLECTIONS OF A WITNESS AT AN EXECUTION," by Charles Sullivan. But the sentiments in favor of capital punishment always seem to run strongest among those whose lives actually have been touched by violent crime. he asked, pushing the limits of playing dumb. His conviction was reversed in 1981 and he has since been serving a life sentence. I love you all and my family. strip, operated a greeting card business, translated books into braille
coming together to protest what both saw as a "disgusting display"
Officials on the scene said it appeared the group was
Frederick was struck in the chest. shouted a particularly rabid member of Justice for All. Death Penalty, was a staged celebration following Billy George Hughes'
the walls of the corrections facility in Huntsville, Texas. This attitude of accommodation continued as the witnesses gathered at 5:30 to wait for the signal to enter the death chamber. Hughes's conviction was automatically appealed to the Texas Court of Criminal Appeals and was affirmed in a published opinion. The suspect, who was later identified as Hughes, called local television and radio stations and threatened to blow up two local hospitals unless the three banks paid him $100,000. It is that the persons actually being executed are those who will have the greatest influence on finally banishing the death penalty from our society. Patsy Teer, the mother of the man he killed, wants to end it. [7] Wales Hughes's mother died in May 1869, when he was six years old, he was really sad and stayed at home for 2 months. W / M / 24 - 47
Hamilton said he "couldn't speculate" on why the antics were disavowed by
rights group, and David Atwood of the Texas Coalition to Abolish the
I want the guys to know out there not to give up, not to give in, that I hope someday the madness in the system--something will come about, something will be resolved. attorney at Hughes' 2nd trial, also felt Hughes' claims of innocence
The death penalty, being racially and economically biased, fails to act as a reliable deterrent. - 20 December 2005) (his death) (1 child) William F. Buckley never met Billy Hughes. and overturned the conviction in 1987. Every one ofthose countries which have ended their "danse macabre" with capital punishment now experience far less violence and fewer murders than does the U.S. . His kindness continued to blunt my anger as I asked about how the medicine used in the execution is prescribed. Jack Buetel, the star of Howard Hughes' steamy "The Outlaw," has died in a Portland, Ore., hospital, Daily Variety reported Thursday. Hughes then fled the scene and hid until he was captured in the manhunt on April 6, 1976. "His story about what happened is not
Also, and I'm not sure I can write this thought clearly.
"They are executing an innocent man because things did not happen as they
Wayne Hughes Jr.; daughter, Tamara Hughes Gustavson; and four grandchildren. One man at the prison that night did know the score: Billy Hughes. "I guess I should expect it but I didn't expect that Mr. Hughes would go
shouted a particularly rabid member of Justice for All. David Atwood, president of the Texas Coalition to Abolish the Death Penalty, and Dudley Sharp, vice president of Justice for All, both visibly pissed off, yelled at each other at almost exactly the same time, "Did you do this?" Also, the prison staff genuinely wanted to make the execution as "easy" as possible on everyone involved. He. "For Many, Supporting Capital Punishment is a Personal Matter," by Allan Turner. Billy's death was ruled a suicide. They wanted answers: "Are you pro or against the death penalty?"
coming together to protest what both saw as a "disgusting display"
Texas Department of Criminal Justice
At this point, Trooper Frederick, who was driving, turned on the overhead lights, and Hughes pulled over to the shoulder of the exit ramp. But, I love you all, and you all watch out for Mom and you all keep up, keep going. was punished to the full extent of the law after having one of the
204th murderer executed in Texas since 1976
"They're not here all the time?" Although we never even saw each other, there were two groups of witnesses: those asked by Billy and those asked by the immediate relatives of the victim. "It appeared to be a parody of the death
After the morning visit, Billy was transported from death row at the Ellis Unit to the Walls Unit in Huntsville where the execution would take place. Kill 'em to the right. I am not the same
We shared in common a number of interests and beliefs and pursuits, including one which hews close to the notion that, no matter what, one must live each day as well as possible, and accomplish whatever you can because of the odds, not in spite of them. "I want to tell you all how much I love you all, how much I appreciate
The case was tried on a change of venue in Matagorda County, Texas, and Hughes entered a plea of "not guilty." If there had been cheerleaders, which there were, you can bet he wasn't surprised. William F. Buckley would not agree. As the antis struggled to maintain their circle vigil, the pros turned into fans at a football game. From his cell at the Ellis Unit north of Huntsville, the baby-faced killer from Montgomery, Ala., has drawn and marketed greeting cards, launched a series of appeals, argued against the death penalty as a registered lobbyist and charmed the media. But, the prison staff and Billy, I think, knew this execution was going to happen that evening. Billy was already lying on his back on the table with his right arm outstretched and the needle in it. Texas Department of Public Safety (DPS)Troopers Jack Reichert and Mark Frederick pulled over the 1975 Ford LTD Hughes was driving on Interstate 10 near Sealy, Texas; they were responding to a dispatcher's report that a man driving a similar car had attempted to use a stolen credit card at a nearby motel. The car was abandoned and after a massive manhunt, Hughes was found hiding in a field six miles away. Pat Robertson and thousands of others around the world -- and his mockery of her plea for mercy in a later magazine interview -- leaves more than his hands dirty. "Mr. Hughes has told a number of stories over the years," he continued. They have been manipulated by the politicians who have set up this "death machine" that seems to be functioning on automatic pilot. Texas Attorney General Media Advisory
There was an orientation for witnesses at 3 PM. Executions have been on hold in Florida since July, when a possible malfunction in "Old Sparky" caused Allen Davis to bleed profusely through his nose as he died.) was 'true to his manipulative character.' Hughes claimed that, after he left the motel and was pulled over by Troopers Frederick and Reichert, the troopers opened fire on him without provocation, whereupon he fired a blind shot out the window. Both Rounds and Hughes were members of the Jehovah's Witnesses until Hughes was expelled from the group for incessant lying and bad-check writing. I treasure every moment that I have had. Officials on the scene said it appeared the group was
It was over in 15 minutes! He was the son of former stuntman and producer Billy E. Hughes Sr. His uncle is stuntman Robert (Whitey) Hughes. at that point." Generally, they peacefully coexist like this until the witnesses emerge from the execution, indicating that everyone can go home. After the clerk left his room, Hughes got into his car and sped away on Interstate 10 heading west. A search of the car revealed the following items: one holster for an automatic handgun on the front seat, one holster for a revolver in the glove compartment, and the following items in the trunk of the car: a fully loaded .30 caliber carbine; a loaded, sawed-off short barrel twelve-gauge shotgun; a .300 Magnum rifle; extra .38 caliber shotgun ammunition; and a Halloween mask. A weapon was never found, though the wound was suggested to be from a stiletto. His initial account of being intoxicated prior to the offense is also contradicted by testimony from other trial witnesses who observed him at that time. While unexpected and downright surreal, I think that marching bands and cheerleaders are just what are needed at Texas
The clerk then left Hughes's room to notify the motel security guard of the problem. Another officer tapped him on the shoulder to make certain his commissary account would be entirely erased. "Do you wait 10 years to send a robber to prison?" penalty, which I agree with," he said, adding that initially some of the
That would be Billy. Executed January 24, 2000 by Lethal Injection in Texas 10th murderer executed in U.S. in 2000 608th murderer executed in U.S. since 1976 5th murderer executed in Texas in 2000 204th murderer executed in Texas since 1976 Since 1976 Date of Execution State Method Murderer (Race/Sex/Age at Murder-Execution) Date of Birth Frederick had sustained a fatal wound. We were ushered out. Hughes claimed he was reaching for his wallet when
The cheerleaders spelled out the letters as they called them: Gimme a "D" Gimme an "E" Gimme an "A" Gimme a "T" Gimme an "H" What's that spell? Then, just after Hughes was executed, pompon waving cheerleaders and
I want the guys to know out there not to give up,
At this stage, with the delays in carrying out capital sentences, the deterrent question is moot." Although we never even saw each other, there were two groups of witnesses: those asked by Billy and those asked by the immediate relatives of the victim. On April 13, 1994, that court affirmed his conviction in a published opinion. who actually witnessed the execution on Hughes' behalf. blind. "Stand Up and Holler; A Huntsville execution draws a strange crowd," by Lauren Kern. Hughes's ex-wife, Beth Rounds, related that Hughes was a violent husband who hit, slapped, punched, and choked her. But when six cheerleaders and a makeshift marching band came prancing around the corner belting out "When the Saints Come Marching In," it was clear that number 117 was not routine. "If there was a positive out of this, for the first time ever the 2
Police spokesman said his death is being treated as 'unexplained .