Cabbie’s killer accepted his fate but still fights death sentence

His name was Kenneth Marcum. He was a 50-year-old Checker Cab driver.

He hadn't been driving a taxi long. The few acquaintances he'd made at the cabstand liked him after just a few months on the job.

You're forgiven for forgetting his name after all these years. Marcum was shot twice in the back of the head on the morning of Jan. 19, 1990. He died a day later. His killers escaped with about $45.

I was reminded of Marcum on Friday after learning that his killer, Frederick Paine, was about to have the latest appeal of his death sentence heard this week in Carson City before the Nevada Supreme Court. Before his original sentencing back in October 1992, Paine told a three-judge panel, "They call me a murderer. It's just a title. It's what's inside your heart. That's what you are. ... One day, this storm will blow over, and I'll still be standing here and still be a caring person. ... I can't express my sorrow for the pain I caused. I'd gladly trade my life for his."

Well, I guess that depends on what your definition of "gladly" is.

Through his court-appointed attorneys, Paine has spent the past 19 years appealing the death sentence he received after he admitted killing Marcum and nearly murdering cabdriver William Walker, whom he shot three times in the back of the head with a cheap .25-caliber pistol during a bloody robbery spree after New Year's in 1990. Paine was joined in his exploits by fellow Boys Town graduate Marvin Doleman, who also received the death penalty.

Blessed with a thick skull, Walker recovered and was able to identify Doleman and Paine as his attackers. He also recalled their laughter as they ran away after robbing and attempting to kill him.

Back at the time of sentencing, we learned that Paine was regularly beaten as a child. He traveled from one foster home to another before ending up at Boys Town, Neb., where witnesses for the defense testified Paine was forced to steal to feed himself and his housemates.

Paine was a decent student and a gifted athlete. He earned a college track scholarship and, despite his nightmarish start in life, had an opportunity to make something of his life.

Instead, as he described it, he fell under the influence of Doleman, his more violent Boys Town running mate. It was Doleman who had talked him into the idea of robbing cabdrivers, Doleman who had dropped the .25 in his lap as the two sat in the backseat of the unsuspecting Marcum's cab.

Doleman was the devil, but Paine did the deed.

The killers were caught within hours of shooting Marcum outside the Viking Villas Apartments at 1503 E. Viking Road.

After Paine's confession, he was interviewed by court-appointed psychologists and psychiatrists. One veteran would write, "His description of the killing is told with little feeling, no remorse, and an acknowledgment that he has no reason to deny anything. ... The affect was memorable only by the lack of appropriateness to the heinous quality of the crimes."

In fact, witnesses testified Paine had laughed after each shooting, according to published reports. Paine and Doleman even found reason to smile during one of their District Court appearances.

Back in 1992, that three-judge death penalty panel deliberated about 10 minutes before determining Paine's fate. When he heard the bad news, Paine was emotionless. He had agreed to plead guilty and had agreed to accept his fate.

But that was then.

All these years later, the state Supreme Court is once again asked to determine whether the District Court wrongly denied his second post-conviction petition for a writ of habeas corpus. That's long hand for his attorney's attempt to have his death sentence reconsidered on procedural grounds.

I could go on for days about the ineffectiveness of the death penalty in our society, but why waste the ink?

Fact is, inside the justice system the death penalty is a game. Advocates on both sides of the complex issue take their place and battle it out daily in courts across the land. They argue the law, the investigative flaws, and the moral questions inherent in the state's decision to take a life.

I prefer to remember Kenneth Marcum, rookie cabdriver, would have turned 69 this year.

John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295. He also blogs at lvrj.com/blogs/smith.