Clemency Hearing – May 24, 2022

We have received formal notification of the Clemency Hearing scheduled for May, 24, 2022 for Frank Atwood, ADC#062887.

The hearing will be held at the Arizona State Prison Complex Eyman location, Rynning Unit at 4374 E. Butte Avenue, Florence, AZ 85132 and will start at 9:00 am.

We have been asked if this is open to the public, and although it is, seating is very limited. There is a strict dress code, extremely tight security & screening process and the time constraints on those speaking. A list of speakers has to be provided in advance & approved, so you can NOT plan to just show up and speak that day. We will encourage those not actively participating in the event to view the hearing virtually, a link will be provided 48 hours prior to the hearing and I will make sure I share here and via social media.

We are asking our family, friends and community to help support us and our fight for justice for Vicki Lynne by submitting a letter to the Clemency Board via mail or email PRIOR to May 17th, 2022.

Arizona Board of Executive Clemency

Attention: Kaitlin Whitton

1645 West Jefferson, Suite 101

Phoenix, AZ 85007-3000

[email protected]

We can not express how much we appreciate the love, support and prayers that we have been given all these years. We are optimistic and hopeful that this is finally the end of this chapter and we see justice served.

LOVE NEVER FORGETS

Warrant of Execution

Today the Arizona Supreme Court issued the attached Warrant of Execution for Frank J. Atwood in the murder of my sister, Vicki Lynne Hoskinson.

He is set to be put to death on Wednesday, June 8th at 10:00 am.

As a family, we can not say how relieved we are to know that justice for our beautiful daughter, sister, granddaughter, niece, cousin, friend will be seen and anticipate the next 36 days to be a roller coaster.

A Clemency Hearing will be held in this case, once we are informed of the date & how letters can be submitted on Vicki’s behalf, I will update that here and share.

Your love, support and friendship means so much as we walk these final steps. Thank you for never forgetting …

#loveneverforgets #dontforgetvickilynne

The Road to Execution – Update April 10, 2022

The past two weeks there has been forward motion in justice for Vicki Lynne after months of delays.

On Tuesday, April 5th the Arizona Supreme Court denied the defenses request to delay the Motion to Set Briefing Schedule for the Motion for the Warrant of Execution. I’ll attach the Courts ruling below, it’s short, sweet and to the point. We anticipate that the Court will conference on May 3rd, 2022. Assuming there are no delays, the Warrant of Execution could be carried out 35 calendar days from that date.

We have been in direct communications with both the Arizona Attorney General’s Office and the Arizona Department of Corrections on what lies ahead. Although we anticipate the defense will do everything it can to stop the wheels, we are fully confident that “this” time will be it.

We are aware that there is one execution ahead of ours, that was set this past week as well.

On behalf of my parents and family, we ask that you wrap us in love and prayers. It’s a roller coaster of emotions, and a lot to process and will need your support as we navigate these waters.

To our friends in the media, we ask that respect our privacy until a date has been set. At that time, my parents will grant interviews, we do have a list of those of you who have patiently waited and been so respectful to us through this process. We will welcome updated contact information for you if that has changed since our last communications.

It’s been 37 years, 6 months and 24 days since the murder of our beautiful girl. Never in a million years would we have guessed justice would take this long, maybe the devil is finally ready for him.

#loveneverforgets #justiceforvickilynne

The Last Few Miles …

Today we received word from the Attorney Generals Office that an order was issued by the Arizona Supreme Court denying the defendant an Evidentiary Hearing on the drug used for execution.  A link to the order is attached below.

They gave further clarity in the order how the protocol will commence to execution with no later than dates. We have verified from the Attorney General’s Office this afternoon that we could have an execution by September 28, 2021. The judge also indicated they would deny requests for continuances!

Vicki Lynne 1984

To help understand the process, here are the steps:

  1.  July 21, 2021, the AG sends request for execution warrant to AZ Supreme Court.(The drug is then compounded.)
  2. August 4th, Defense must have reply in.
  3. August 11th, the AG replies to defense.
  4. August 24th, conference hearing with AZ Supreme Courts, execution date is then set 35 days out. (September 28, 2021)
  5. One week before execution a one day clemency hearing is completed. (His last ditch effort for a stay)
  6. EXECUTION!

Hallelujah! Once the warrant is issued the clock starts ticking. Tic Toc Frank, Hell is waiting for you! You will have gotten 37 additional years of life and Vicki got none. We can’t thank everyone enough for all your love, continued prayers, support and friendships throughout all these 37+ years.

May God Bless you and always keep you in his loving care, Debbie & George Carlson, Parents of Vicki Lynne

The Road to Execution

It seems surreal to say that we are actually truly on the road to execution.

In the first two decades after the murder of my sister, Vicki Lynne, I believed this day would come. In the third decade, I lost hope and I know I am not alone in that feeling of desperation and disappointment that our court system failed her, failed us and failed her community time and time again.

Vicki Lynne 1984

Today the Attorney General’s Office filed a Motion to Set Briefing Schedule for Motion for Warrant of Execution. In layman’s terms, they are asking the Arizona Supreme Court to set a schedule to lay out a timeline for execution.  Specifically, because the State (and the rest of the normal thinking world) knows that the defense is notorious for its frivolous filings and using every angle they can to delay the due process.

The motion specifically outlines that the defense has been previously notified of the State’s intent to move forward with executions, that the drug to carry out the executions by lethal injection is secured by the state but has a 90-day shelf life. With a schedule laid out, it allows all parties involved in this process to have a clear expectation of the timeline for their part to act accordingly within those guidelines.

The brief is also asking to add the current pending petition that the defense has before the court to this motion.

It is important to remember that Atwood’s first post-conviction proceeding and habeas appellate review has been exhausted. All filings now have revolved around technicalities, not lack of guilt.

As survivors of this heinous crime, we have a renewed sense of hope that punishment will be carried out as the law allows. The execution of Atwood will never bring Vicki back, we know that. But what it will do is stop the roller coaster of living hell we face every day while he breathes on this earth.

We hope that the Arizona Supreme Court will take into account the length of time and due process that has been exhausted and move swiftly in every aspect of this. Once the court makes a decision on this motion, we will have a better idea of a timeline. If we could be cautiously optimistic, we would love to see this wrapped up in 90-120 days.

The link to the press release issued today by the Arizona Attorney General’s Office can be read here: https://www.azag.gov/press-release/attorney-general-brnovich-files-motions-move-forward-executions-two-death-row-inmates

We ask you wrap us in your love and prayers as we walk this final path to see justice served and close this chapter of Vicki’s story. Love NEVER Forgets.

The Drug

On Friday, March 5, 2021, my parents were notified of the following press release:

ADCRR Stands Ready for Executions: PHOENIX — The Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) has notified the Arizona Attorney General, that the Department is prepared to perform its legal obligation and commence the execution process as part of the legally imposed sentence. At the direction of Governor Doug Ducey, ADCRR has been working diligently to obtain the drugs necessary to implement executions in the State of Arizona, and to identify sources to prepare the drugs in compliance with Arizona law.  ADCRR stands ready, with the AG’s Office, to administer justice according to A.R.S. § 13-757(A). Link to ADCRR release: https://corrections.az.gov/article/adcrr-stands-ready-executions

Vicki Lynne, Age 4

Whoever coined the phrase “It’s going to be a long, dusty road” had no idea some of us would live it. Literally. It’s been 36 years, 5 months and 17 days since my sister, Vicki Lynne Hoskinson’s life was taken at the hands of a monster.

It is a long time to live without her and to also fight tooth and nail for justice to be carried out. I won’t go too far down the long list of disappointments, delay’s and heartache our family has been through in those years since but we stand before you stronger than ever in our convictions to see that the man who took my sisters life is punished to the full extent of the law.

With Friday’s press release, we are very optimistic that not only do we have full forward motion but that the reality of seeing justice served is truly in sight. We are hopeful and confident that those with the task of deciding who gets executed first will chose Frank Atwood and we will finally be able to close this chapter of HER story.

As we are informed of the steps moving forward, we will keep you posted here. We are eternally grateful for the love and unwavering support our family, friends and community has given us all these years … we wouldn’t be here without you and can’t finish this chapter alone.

13,320 day’s … justice is long overdue. Love NEVER Forgets.

A Letter to Governor Ducey from Stephanie Brandt

Following is the letter that I wrote to Arizona’s Governor Ducey on September 9, 2019.

As a family and community, we are asking the Governor directly to order the drug necessary to resume executions in the state, the authority and power lie within him.

Nothing will bring Vicki back. The absence of Atwood from this earth can close this chapter, end the continued victimization we receive by “him”, his wife, and paid supporters. It is TIME this nonsense stops.

35 years is too long to carry out punishment that the people handed down. Every minute, hour and day we wait for it to happen is just a mockery of the system & is a slap in the face of justice & my sister.

We won’t stop. If anyone thinks we will they have grossly underestimated the love & promise our family, friends and community have to see justice for Vicki.

Vicki & Stephanie

September 9, 2019

Honorable Governor Ducey

1700 West Washington Street 

Phoenix, AZ 85007

Dear Governor Ducey,

I was 11 years old when my life was taken from me by the choice of one person. The choices he made from the time he was a young person were all enabled by a broken system, people who weren’t invested in doing the right thing and an evil cycle pursued. 

The murder of my sister, Vicki Lynne Hoskinson, robbed any sense of a normal life, and continues to rob the same thing from my children. 

The choices the monster, Inmate # 062887, currently held in Florence State Penitentiary didn’t just start with the kidnapped, sexual assault and murder of my sister, I am confident you are well aware of his record and crimes he committed that lead up to September 17, 1984. 

As a clinically diagnosed psychopath, he believes he is above us & will stop at nothing to outthink us. Manipulate you and the system that he has controlled for almost 35 years. 

He made a choice to defy his parole in 1984. 

He made a choice to troll the neighborhood of a town in another state he didn’t belong in.

He made a choice to hit a little girl with his car riding her bike down a road in the neighborhood she lived in.

He made a choice to drive her approximately 20 miles from her home

He made a choice to sexually assault her, while she cried for her mommy.

He made a choice to stab her.

He made a choice to leave her in the dessert to die. 

Because he has a history of being irresponsible in his choices, he almost let her live. He dropped his keys and had to return to where he left her to find them. As she crawled through the desert, crying for help and begging for her life, he would have to fulfill a vow he wrote in a letter to a friend saying he would never let the next child “tell” and he lived up to that promise by murdering my sister. 

The last words she spoke, I know haunt him, because he doesn’t understand them. I promise to share the rest of that story the day he is no longer breathing on this earth because he doesn’t deserve the satisfaction of knowing why she spoke the words she did as she clung to her death. 

The terror she experienced in the time she was in his control and alive on this earth is unimaginable.

Vicki Lynne was a beautiful, witty, blue eyed little girl. She loved French Fries and Spaghetti-o’s, watching her grandfather race cars & playing softball, she wanted to twirl batons & beating the boys on the playground at tetherball. 

The day my sister was take, she didn’t have a choice. 

Now, the choice to carry out justice ultimately lies within you. My sister deserves justice. She deserved to live a beautiful life and be 43 years old today. 

She deserves someone who wants to fight for her today the way she fought for herself that day against a monster who still breathes now. 

So, I ask you, who do you fight for? Innocent children like my sister, Vicki, or do you fight for pedophiles who kill them?

What’s your choice Governor? Who do you protect? 

Respectfully,

Stephanie D. Hoskinson Brandt 

Cc: Mark Brnovich, Arizona Attorney General

Erin Duffy, Law Offices of Erin E Duffy P.L.L.C.

Home Stretch …

In September of 1984 our whole world was shook, and in the course of the last 34 years there have been so many bizarre occurrences that have happened involving our case that I am not surprised that on the home stretch, things would continue on such a peculiar path.

In January of this year (2018), the 9th Circuit Court of Appeals denied the defendants motion for a rehearing en banc, which would send this 34 year old case back to the United States Supreme Court for the 3rd time.

The defense had until April to file their appeal to the United States Supreme Court. In late March, they asked for an extension, which we knew they would, and that was granted by the Court.

When I read the defense’s petition for extension, it made me wonder if they knew they were at the end of their rope and would do everything they could legally do to buy their client as much time on the calendar as they could? They cited the busy case load the defense attorneys had, basically stating they were to busy to be ready to file by the first date the court had set. I once used the “I’m to busy” line with someone, and they simply replied that I wasn’t to busy, I was just unwilling to make it a priority what needed to be done. Pretty simple statement. It seems that our judicial system is made up more of a game of manipulating time and shoving as many requests for extensions, appeals, etc into the courts to bog down the process than actual due justice.

In June, the defense filed their petition for Writ of Certiorari.

Now, one would think once you are dealing with the United States Supreme Court, as counsel in a case of this magnitude, you would make sure your I’s are dotted and your T’s are crossed. So to discover that they filed their petition electronically on the day it was due but did not file the paper copy until the following business day came as a shock and surprise. To read the request to ask the court to forgive the oversight and blaming the counsel’s assistant was just as pathetic as the original request to ask for the extension. Counsel was to busy to file in the first place and now blames the assistant for the oversight in filing deadline.

It is all so very bizarre.

The Supreme Court took the case into Conference on Monday, September 24, 2018 to decide if they would accept or deny it.

On Monday, October 1, 2018, the United States Supreme Court officially denied the motion to file the writ of certiorari.

In all honesty, we never felt that the court would accept the case, let alone hear it before the court but there was that possibility that still held us hostage.

What next?

The case is sent briefly back to the 9th Circuit Court which issues its mandate, a formality that closes out the case.

Closes out the case… it is so strange to think we can actually say those words now, 34 years later.

A Writ of Execution is the next step, however, there is a stay of execution right now in the state of Arizona due to the inability to get the drug the state needs to carry out executions. Until this issue is resolved by the Arizona Federal Court, no execution date can be requested.

So here we are, once again, dealing with attorneys appealing and shoving as much paperwork in the pipe that they can to prolong the issue of the drug. Knowing we can humanely euthanize a 1,200 pound horse, I am confident that we have the ability to humanely put down a child murdering man who doesn’t deserve to die humanely.

What can we do about this now?

Be Vicki’s Voice.Vicki Lynne Hoskinson, 4

Although, the defense team can continue to appeal to the very last minute of execution, which we know they will cowardly continue to do, we can rally, we can be stronger and we will see this to the end.

As Vicki’s Voice, we would ask that you take a minute to send an email or a letter to both the Governor of Arizona and Arizona’s Attorney General.

As a family, we would encourage you to write from your heart, especially those who have walked this long and dusty road with us. It can also simply say:

Dear Governor Ducey or Attorney General Brnovich,

I am writing to you in regards to the issue of executions in our state. I realize that the question of the drug in which to carry out executions is tied up in our Federal Court System, and I would like to know what we can do to move this process along.

I was recently made aware of that Frank Jarvis Atwood’s case was turned down by the United States Supreme Court, and in order to carry out his execution, we need to be able to get the issue of the drug for the executions to be carried out resolved.

I am a Voice for Vicki Lynne.

Respectfully,

Signed by you and mailed to both:

Office of the Governor, Attention: Governor Doug Ducey
1700 West Washington Street
Phoenix, AZ 85007

Or via email at: [email protected]

Office of the Arizona Attorney General
Attention: Mark Brnovich
2005 N. Central Ave

Phoenix, AZ 85004

As we walk these last steps together, as Vicki’s Voice, we hope you know how much we appreciate the undying love and support that our family and community has given in the days and years since September 17, 1984. As this chapter writes itself and a new one begins, we will all share part of her in our hearts forever. Love Never Forgets.

Victory for Vicki

On September 13, 2017, our family was notified by the Arizona Attorney General’s Office that the 9th Circuit Court of Appeal had denied Atwood’s Writ of Habeas Corpus. 

The defense had a small window of time to appeal this ruling back to the court. 

On November 3, 2017 they filed a motion for a Panel Rehearing or Rehearing en banc before the 9th Circuit, meaning they were asking to have another chance to plead their case in court in front of a panel of 11 judges. 

The State of Arizona filed their response to this motion on December 5, 2017.

Today, January 11, 2018, our family was informed that the 9th Circuit Court of Appeals denied the motion for Rehearing en banc.

Denied. Home Stretch.

After almost 20 years since the Writ of Habeas Corpus was filed (March of 1998), we are truly on the home stretch. This case has moved at such a glacial pace for so long it’s reassuring the momentum it has gained.

So, what does all of this mean?

In layman’s terms, the defense has 90 days, with one extension of 60 days, to appeal this to the United States Supreme Court. 

150 days.

And, the United States Supreme Court can do one of two things.

  • Grant Oral Arguments in the case
  • Deny the petition 

IF the Supreme Court grants oral arguments, the court would hear arguments and rule by June 2019. 

IF and When they deny the claims presented, a Writ of Execution will be issued. 

Yes, I am going out on a limb and wagering that they will NOT hear Oral Arguments in this matter and a Writ of Execution will be ordered. 

I could give you a list till next Tuesday of the reasons why the court won’t hear this case, but the reality of the claims left to argue in an almost 34 year old case, presented to them already in two other instances with the miles of paperwork, rulings and hearings that have already taken place, I just can not imagine our nations highest court taking this on. 

As the last chapter writes itself, I hope that you know how very much our family appreciates your love and support. Who would have ever imagined a beautiful little 8 year old, blue eyed girl, who loved riding her bike, playing softball & watching her Papas race cars, would impact the hearts of so many? We are Vicki’s voice. Our strength continues to grow with her memory and with you.

Love Never Forgets. 

September 17, 2017

The afternoon of September 17, 1984 the world of my family, friends and community was forever changed. The disappearance of my sister, Vicki Lynne, would become so much more than we ever knew.

In the days and months that she was missing, people tied yellow ribbons to everything as a symbol of hope for her safe return. On February 7, 1985, Vicki had been missing 143 days. To bring a positive token of love and hope for her safe return, our family with students & teachers from Homer Davis Elementary School, planted a Palo Verde tree in the courtyard. Yellow ribbons were tied to the branches of the tree. https://youtu.be/v0W4U0GLhDo

For the next 30 years the tree grew tall and strong, blooming yellow flowers, still representing hope as we fought to bring justice to her. In October of 2015, the tree was uprooted and blown over in a storm. We were devastated that the beautiful symbol of love and hope was forever gone, and although we thought to replace it we knew we never could properly do so.

With the help of some amazing men, we were able to have a bench made from the wood of the Palo Verde tree and just a few short days before school started this August, the bench was placed in the front office of Homer Davis Elementary bringing back to the school the beautiful symbol of hope in Loving Memory of Vicki Lynne.

My mom and dad were able to take a special part of the tree which they will hang in their dining room, it will have the scripture “With God all things are possible” Matthew 19:26 placed with it.

I’m so very grateful for all those involved in making this possible. What started out in February of 1985 to be a positive tribute to my sister, still gets to be part of our lives for years to come.

A very special thanks to Jaime Sirminski who spearheaded the project and was able to put it all together, Rob Assenmacher, of Kevin Stout Operations who did the the CAID laser cut of the butterfly backing, and Matt McDonald of MHM Resources for milling the wood. I hope you realize what an incredible gift you have made by taking something so important to so many and making it beautiful again. 

To Dr. Baker, Superintendent of Flowing Wells Unified School District, Mr. Dunbar, Principal of Homer Davis School,Chad Miller, Principal Flowing Wells Junior High School, and all the staff, thank you for encouraging us to keep a piece of Vicki’s memory forever part of the school.

Vicki lives on in so many of us, our hopes are to continue to honor her in a positive and beautiful way. I encourage you, today especially, on the 33rd anniversary of her disappearance to share any stories you may have about her. If you never had the chance to meet her, share how her life and death impacted you… we will never be able to know all those who she has touched, but we do love to know her voice in strong in us all.

If you happen to stop in and sit on the bench, be sure to share a picture here or via Facebook. 

Today we will honor the beautiful little freckled face, blue eyed girl who lives in our heart forever.

Don’t forget Vicki Lynne.