I have a love/hate relationship with cases such as this one. It is one of those that took place back in the 1970's, before DNA had was even thought of, but a time in which blood typing could be done. Many of the cases from that era cannot necessarily depend on the evolution of DNA for many reasons. First, crime scenes were not kept as “clean” as they are now and secondly, things that were kept were not as preserved as they currently are. There is always the possibility of contamination or degrading of evidence. Many of these cases have to rely on what was available at the time. When you hear about a case you often hear those who are against the charges or the conviction that the case was “purely circumstantial.” This is true. This is true oftentimes even today. Circumstantial evidence is generally a cumulative of coincidences or eye witnesses. In those cases other things need to help collaborate that evidence and went put together it often leads in one direction towards the perpetrator committing the crime of which they have been accused. DNA and things like fingerprints, audio and video evidence are often used more as direct evidence. This is why you so often hear in today's world that we want to see the DNA, which is fairly easy to get in many cases today. But, back in 1975 that was not the case. Back then not only could they not retrieve things like skin cells and the like but detectives did not worry as much about what they touched and if they used gloves when they did. In fact, in this particular case it was discovered that an officer had smoked a cigarette at the crime scene and even put it out inside the home where the crime occurred. At first it was believed to belong to the perpetrator and even over the last forty plus years that cigarette butt has come into play.
Many cases from this era are brought to the forefront because of the emergence of DNA and other areas of forensic science. As these areas and other are studied more and more it is often found that things that were often believed in the past are not necessarily true and that can bring havoc on these old cases. A dogged defense attorney will force these cases back into the courts arguing for updated testing on the evidence or arguing that things stated in the original trial, while seemingly true at the time, have been proven to be wrong and in essence created an unfair trial for their client. The problem is that our courts are already filled to capacity as it is and if we re-tried every single case because someone perceived something not only would nothing ever be settled but there would be havoc in our justice system. Now, this is not to say that innocent people were not put in prison or that none of the cases brought up should be examined, because they should be but decisions have to be made if these “new” developments are enough to eliminate the rest of the evidence.
In this case Jerry Mark has been fighting with the courts for forty years to prove his alleged innocence. Over the last decade or so he has been arguing for DNA testing on some of the other cigarette butts found the home that the original prosecutor attributed to belong to him based on a blood typing test and the fact they were the same brand that Jerry smoked. While I too would like to see some DNA in this case to absolutely prove, or disprove, whichever the case may be, that Jerry Mark was guilty, I also understand the courts decision thus far to not order the testing. First, I found nothing in my research that has indicated that Jerry, or anyone associated with him has offered to pay for the testing. I understand that is not mandatory in things and he has the right to a defense but the courts have ruled that regardless of the results that DNA may find on the cigarette butts it would not eliminate the other evidence against him. That being said, the appeals it seems at least, are asking for the courts and tax payers to pay for this testing. Since the court has already ruled that the they do not feel that the results would influence the verdict in the case then it would be a waste of tax payer money. However, if the cost was picked up by the defense then at least they would have the testing that they say they want and need and then decide how to move forward. But here I go again getting ahead of myself. If you do not know this story then you have no idea what Jerry Mark was accused of doing, so let us get to that.
Wayne and Dorothy Mark lived in the Cedar Falls Iowa area. By 1975 they had four grown sons, Jerry, Richard, Thomas and Leslie. Now, to be fair whether Jerry was the oldest or the second oldest I cannot say, but I do know that Thomas and Leslie were the youngest of the Mark boys. Little is really known or been released about Richard or Thomas and I suspect they are, or were, just fine with that. In that year a huge spotlight was put on their family, one that still shines, although not as bright, some forty plus years later. They were likely just as happy to have some sort of privacy and be involved only as much as they had to be. In 1975 Jerry was living in Berkeley California nearly 2,000 miles away from Cedar Falls. He had graduated from law school and was described as a “hippie lawyer” around this time. It is not clear just how long Jerry lived in California but honestly I have gotten the impression that it was not long, possibly less than a year, but my impression could be wrong. I say this because prosecutors would allege that in October of 1975 Jerry bought a motorcycle in California and placed Iowa plates on it from another motorcycle that he owned. There was no indication that the plates were expired, and considering what authorities alleged he did while those Iowa plates were on the motorcycle it would seem foolish if he had placed them there while being expired. Although to be fair I have done a search on the history of Iowa license plates and it appears that a non-resident could purchase them. We also know that Jerry still maintained an Iowa identification (drivers license??) at the time because it was alleged he used this to purchase bullets in late October. With this being said, Wayne and Dorothy had raised their boys on a farm that spanned about 1,200 acres and had apparently been profitable for the family. As the boys grew up it was said that the only one of the boys interested in the farm was Leslie, the youngest, who continued to work with his father on the farm. By 1975 Leslie was twenty-five, married to a woman named JorJean and they had two children, Julie, age five and Jeff, who was almost two. It was in that year that Wayne's health had deteriorated to the point in which he decided it was time to turn over operations of the family farm.
My research did not discuss when Wayne decided to back off from the family farm or if a “family meeting” was done for certain. However, I have seen this story on episode of “A Crime to Remember” on the Investigation Discovery channel and there was an indication that a meeting with all of the boys did occur. To be fair, I understand that not everything we see on these types of television series' are true and in addition to that in this particular episode an author of a book about this case was featured in the case. The book is called “Blood Brothers” and was written by a man named Scott Cawelti who had gone to school with Jerry Mark. I have not read the book but I have read reviews and it is indicated that while the writing was not done as well as the book “In Cold Blood” by Truman Capote, it was done in the same style. What this means is that it was written like a novel in the sense that things were “dramatized” and conversations, as well as situations sometimes exaggerated or in essence “made up” to “tell the story better.” With this being said it does not mean that the “family meeting” did not take place, but in the same respect it does not mean it did either. However, the television series did indicate that it happened and that at this meeting Wayne and Dorothy announced they were turning operations of the farm, and the farmhouse in which the family had been raised, over to Leslie and his family. There were indications made that Jerry and Wayne had a confrontation over this after the announcement was made as he was angry that he had not been given the farm. Now, as I said earlier, whether this happened in this manner for certain is unclear, but there was at least one person back in California (if not more) that would testify later that Jerry was angry over the decision that Leslie obtained the farm. According to reports aside from likely chores he had been required to do while growing up Jerry had never had any interest in the family farm or in it's operations. Indications were made that the only reason Jerry was upset over the fact that he did not receive any portion of the farm may have come down to financial reasons.
At any rate it seems that life went on as expected for the Mark family. Leslie and Jorjean moved into the farmhouse with Dorothy and Wayne living nearby and Jerry was back out in California. As I scrolled through obituaries of family members throughout the years is seems that Thomas may have also stayed in the nearby area. Wayne died in 1976 and Thomas died in 2005. Richard it seems at one time lived in Canada and later he was back in the States but not near the family. And then came the morning of November 1, 1975.
Early that morning neighboring farmer, Clark Renner had planned to spend the day working with Leslie, apparently on the Mark farm, or at the very least using equipment there. He did not see Leslie out at the normal time and decided to just get on with his own work for a bit. Around eight that morning he made his way over to the Mark farm. Again, he did not see Leslie out but he thought he would just start on what they had planned to do and Leslie would find his way to him. He apparently went to use a piece of equipment but it would not start so Clark decided to head up to the farmhouse and talk to Leslie about it. He would later say that when he got there he noticed one of the panes in the door had been broken and it alarmed him. Instead of attempting to go in Clark Renner went to Dorothy and Wayne's home. Dorothy followed him back to the farmhouse and the two went inside. Officers would later say that there was some disturbances in the house, such as the mentioned window pane and a Grandfather clock had been damaged but there was not so much disarray as to look as if a robbery had taken place. But, before the officers were even called it was Dorothy who would discover the bodies of her son, his wife, and her two young grandchildren. Each of them lay in their own bed and their own blood. Of course there were not cell phones in 1975 and the lines to the phone to the farmhouse had been cut so Dorothy and Clark had to go elsewhere to call the police.
Now, I have to admit that I am a little sketchy on a few things. If you were to search about this case now you will find a lot of information about Jerry Mark, who as I am sure you have figured out was ultimately convicted of committing this crime. You will see an abundance of articles from more recent years and stories told about what was found and what was not found. You may even come across a few of the appeals that have been published by the courts in this case. It was not until late in my research as I Googled a different phrase than I had previously that I found an article that had copies of articles from 1975 attached. It was in those articles that I heard the story of Clark Renner and some of what the investigators say they found, prior to announcing any suspect or an arrest. It was in those articles where I heard about the broken pane in the door and the Grandfather clock being damaged. Information is also sketchy on exactly what was found or discovered that led to the arrest of Jerry Mark just nine days after the murders. I can tell you at least some of what would come out in his 1976 trial and since then but I cannot say for certain what was known prior to his arrest that convinced investigators he was their man.
Obviously all family members were interviewed, as well as many others. The crime seemed to obviously be very personal. There were no reports of anything being stolen from the home and while Julie may have been old enough to recall things and relay them to police officer, there is no possible way that Jeff, who was not yet two years old could have done so. In addition to this the victims were shot multiple times, including the children, obviously to ensure their deaths. Leslie had been shot five times, four times in the head and once in the stomach. His wife, Jorjean, who lay next to him in bed was shot twice in the head, once in the back and yet another bullet had grazed her skin. Each of the children had been shot twice, once in the chest and once near their right eye. Investigators apparently at first, despite the multiple wounds, attempted to consider a murder/suicide scenario but no murder weapon was found. I am sure even if one had been found it could have easily been disputed. The only two people who could have done it in that type of situation would have been Leslie or Jorjean. Jorjean could not have shot herself in the back, let alone likely shoot herself in the head twice. The same would go for Leslie. He may have been able to shoot himself in the stomach, but not four times in the head. No, this seemed to be about revenge, anger and was very, very personal.
Here is what we do know about what may have happened to cause Jerry to pop up on the radar and cause his arrest so soon after the murders. By his own admission he was on a “road trip” at the time of the murders on his new motorcycle. He also admits that he lied to the police when they interviewed him about just where that road trip had taken him. He had told his girlfriend that he had gone to Southern California and that is what he initially told detectives also. However, whether it was before or after the investigators were already aware that was not true, he changed his story. He then said that he had picked up a female hitchhiker while still in California and took her to Wyoming, claiming never to have gone to Iowa. One thing that I found interesting is that I could find no other mention about this alleged hitchhiker. Nothing ever stated she was looked for and found, or not found. I never even saw anything that stated whether anyone believed she even existed although I would gander to guess that it was mentioned in the trial. Something else questionable in Jerry's interviews came up. It has been indicated that Jerry lied about buying a particular type of bullets within less than two weeks of the murder. The bullets were .38 caliber Long Colt bullets and apparently, at least at the time, were considered to be rare. Not only was this the type of bullet that was used in the murders, two unspent casings were found at the scene also. Investigators learned that on October 20th Jerry had bought a box of 50 in California and had used is Iowa identification to do so. When confronted with this information Jerry would admit purchasing the bullets but said they were to “form connections with Weather Underground radicals” for a book he planned to write.
I did a quick search on the Weather Underground radicals that were mentioned and while obviously I am not going to claim to be an expert on their organization I feel like I can give you an idea of what they were about. It was an “organization” formed in Michigan in 1969 and basically was in opposition of the Vietnam War and for civil rights. It was said that their “goal was to create a revolutionary party to overthrow U.S imperialism.” In the early 70's they were apparently responsible for several bombings that targeted banks and government buildings. Their membership had declined greatly after a peace treaty was made in 1973 with Vietnam and by 1977 they were totally defunct. Now, obviously they were a violent group but to be fair nothing in my quick look gave any indication why Jerry Mark would feel the need to buy any sort of bullets, let alone this rare type, that just so happened to be used in the murders of his brother and his family, to “connect” with them. Nor did I find any indication that Jerry Mark had ever written a book in the past or any other information indicating that his statement about planning to write a book was anything more than a ploy or excuse as to why he bought the bullets.
At his 1976 trial the prosecutor often referred to the Biblical story of Cain and Abel, the two sons of Adam and Eve that had a rivalry and where in the end one brother killed the other. As is often the case a prosecutor has a theory to go along with the evidence in which they have found so as to give a story to the jury as to how the crimes may have occurred. It appears that at least part of that theory holds true today, while other parts do not. Investigators were able to determine that on October 3, 1975 Jerry Mark bought a used motorcycle described as a 450cc Honda. This apparently is not in dispute, nor is the fact that this motorcycle was the one used, as opposed to his other motorcycle, in his “road trip.” At some point between buying the motorcycle and taking off for his road trip on the 29th he had placed his Iowa plates from his other motorcycle onto the new one. On October 20th he just happened to buy a box of bullets that matched the bullets found at the scene and used in the murders. On the 28th he bought a riding suit and motorcycle gloves. Now, this latter purchase would not seem odd considering he admits to going on a road trip, but it could also be important as to prints or fibers left at the scene. On the early morning of the 29th he headed out of California. This of course is where the prosecution and the defense differed on just where he went and where he was at particular times. As we know he initially told police he had stayed in Southern California, but later stated he picked up a hitchhiker and took her to Wyoming. Where exactly he claims he took her in Wyoming is unclear. Now, between Wyoming and Iowa is the state of Nebraska. It seems that he was indicating initially with the second story that he headed back to California after Wyoming but he was allegedly seen in Nebraska during this time. Whether he admits that is true and still maintains he never entered Iowa is also not clear. I have a feeling that he had to admit to being in Nebraska because prosecutors allege that between three and four on the afternoon of November 1st he had called his girlfriend at his home in California from Alda Nebraska. Alda Nebraska is located just over 400 miles from Cedar Falls Iowa. But, aside from that there were people who allegedly seen him along the way. At least one person testified seeing him in Ackley Iowa at a gas station about 8pm on the night of October 31st. This is located only about thirty six miles from the Mark farm. The next alleged sighting occurred on November 1st about 5am in Williams Iowa, some sixty-six miles west the Mark farm. A few hours later he was allegedly seen in Stuart Iowa about one hundred miles south west of Williams.
Now, over the years one of the arguments made by the defense was not only did the prosecution allegedly not give them information or evidence of people who did NOT see Jerry Mark prior to the trial but the fact that these people did not see him means to them that the people who claimed they did were wrong. I personally find this to be a weak argument to use towards his innocence. Now in 2006 however a judge actually agreed with the defense on this issue. The 2006 appeal ruling stated that the prosecution had allegedly withheld evidence of witnesses who suggested he was not in the area, but “hundreds of miles away” and they “hid” the identity of people who contradicted their witnesses. The appeal also alleges that more than fifty pages of the investigation report was not turned over to the defense. The judge in 2006 actually reversed Jerry Mark's conviction and ordered that the prosecution either release him or re-try him. The prosecution appealed that verdict and in 2007 his conviction was re-instated. The second appeals court ruled that just because some people said they did not see Jerry Mark at particular places and at certain times did not mean that those witnesses who said they did were lying.
Aside from having witnesses allegedly seeing Jerry Mark on the route from California to Iowa and back around the time of the murders the prosecution felt there was more evidence. Remember those cigarette butts I mentioned earlier? Well there were apparently at least three left at the scene. Two were in the basement and one was in little Julie Mark's room. There had been testing done on the saliva found and it was alleged to have all come from someone with Type O blood. This is the same blood type as Jerry Mark and the cigarettes were Marlboro, the brand he smoked. But first off let us keep in mind this is 1975, where the most popular brand of cigarette was Marlboro and blood typing was all they could do and even that was not without its faults. It seems that before the trial began the prosecution got wind that the cigarette found in Julie Mark's room was not smoked by the perpetrator, who they were now saying was Jerry Mark, but by a police officer. The other odd thing about it was apparently the officer had Type A blood while the testing had allegedly indicated it as being Type O. A memorandum was sent out in March of 1976 with this information and an “expert” alleging that it was not uncommon for “a Type A secretor to have Type O results.” This memo, nor the conclusion was allegedly hidden from the defense. Whether or not this is true, and what significance it may have had on the case is still being debated forty years later.
There is a part of me that believes the allegation that the defense did not see this memo or were made aware that the cigarette found inside Julie Mark's room was not being attributed to the perpetrator. Why is that? I believe that if the defense had known this there would have been a larger issue about the cigarette butts at the trial then what appears to have happened. The defense attorney could have easily argued that if the one was not smoked by his client and had allegedly had wrong test results than it would be reasonable to believe it possible that the other two were not from him either. Then there is another issue that leaves me a bit confused. It has been said that in the 1990's after DNA became available one of the cigarette butts was tested and that it allegedly excluded Jerry Mark as the smoker. Since that time the defense continues to argue to have DNA testing done on the other two cigarette butts as well as other evidence from the crime scene. Where I am confused is why testing was only apparently done on one of the three cigarette butts found. This is where I am left on the fence in determining whether I believe that the defense was made aware of the fact that the officer had admitted smoking the cigarette found in Julie's room, or they had not. If they did in fact already know that information then they knew that particular butt would have come back with results not matching Jerry Mark to which they could have then used to attempt to get a new trial or use as leverage. On the other hand, if they really did not know that information then they likely felt extremely lucky. In October of 2013 an appeals court ruled that DNA testing “would have done little to undermine the state's case” and they have continually refused to allow the cigarette butts to be tested. In fairness while one of the appeals mentioned other evidence at the scene I did not find anymore information about the defense arguing more for those items over the years, only the cigarette butts.
So, what did the appeals court mean that even if DNA testing was done it would not have an impact on the case the state had against Jerry Mark? Well of course there were the alleged sightings of Jerry, mainly in Nebraska and Iowa at the time in which the murders occurred. Which, by the way the coroner concluded that they likely occurred between one and three on the morning of discovery. The last alleged sighting of Jerry before the murders was thirty miles away around eight the night before and the next was approximately at five in the morning, just over sixty miles away.
Not only had the murders been committed using .38 caliber Long Colt bullets, the same bullets Jerry Mark had bought just a few weeks before, but the prosecution alleged that prior to going to the farmhouse Jerry had cut the wires to the phone, connected to a box across the street and when doing so he dropped two bullets on the ground next to the box. Testing in 1976 indicated that those bullets found came from the same box of bullets that Jerry Mark had bought. And, at the time that was accepted science. However, by 2005 it seems that bullet-lead analysis was discontinued as it was becoming clear that it was unreliable or as many would call it.... “junk science.” Now, to be fair throughout all of this I found nothing that indicated that a murder weapon was found, or that they had even put a gun in Jerry Mark's “hand.” Keep in mind though what I mentioned earlier about how so little is known about what they did have at the time and specifics about the trial except those things that have been argued in appeals over the last forty years. I never claim to be any sort of gun expert but I do try to do quick searches and consult someone who does know a little about guns when I need to learn something. This was one of those times. My research consistently called the bullets used in the murders and the ones that Jerry Mark bought as being “rare.” They were described as .38 Long Colt bullets. So I did a search on just how “rare” they are or even would have been in 1975 as well as what sort of gun they can or cannot be used in. It does appear that they are a very rare sort of bullet and are likely more available now than in even in 1975 due to technology and availability issues. They are more often now used by gun collectors and historians but it appears there are only a few types of guns in which they can be used in. The .38 caliber Long Colt gun itself emerged around 1875 manufactured obviously by Colt. As the .38 pistol evolved, so did the bullets used for the guns. The barrel would become longer but more narrow throughout the years and while .38 Short Colt ammo could be used in the newer, and even older models the same could not be said about the Long Colt. It appears that there are only about three guns that can use this type of ammo and that would obviously be the original .38 Long Colt but also a lever action rifle and the more “modern” .357 magnum. All three guns however only have the capacity to hold six bullets at a time. There were at least thirteen bullets fired in the Mark farmhouse meaning the gun had to be re-loaded approximately three times. This too adds to the fact that this seemed to be a very determined and personal murder. But, as I stated I have heard nothing on a murder weapon ever being found, or any ballistic testing being done. Now, if the ammo had been shot through a classic .38 Long Colt then there would not have likely been any kind of lands and grooves on the bullets as the barrel is smooth and open. The same could not be said about a .357 magnum. While obviously I cannot say for sure what type of gun was used in the murders to expel that ammo it is my belief that it was likely the
.357 magnum. Most murderers dispose of the gun that is used to ensure it cannot be found or at least linked to them at the time of the murder. If we are to believe that this crime was committed in essence for financial gain then it seems unreasonable that a classic gun would have been used and then later it was disposed. It is likely that a classic Colt would have been valuable and it does not seem very reasonable that someone would commit a murder to obtain some wealth at a later date no less, only to throw something valuable away like trash. The issue with bullet-lead analysis no longer being a science that is depended upon has also been brought up in appeals but again the courts have argued that it did not negate the other evidence.
Whatever that evidence may have been that was presented in 1976 it was apparently enough for a jury to determine that Jerry Mark was guilty of the murders. He was sentenced to four consecutive life sentences. I suspect that he would have likely been sent to death if it had not been around the time period in which the death penalty was not available, if for no other reason than for the murders of the children.
In the August 2007 appeal in which they reversed the lower courts decision to vacate the conviction they went through much of what was alleged to have occurred and what prosecutors said happened. With that being said it also has left me with a few questions. The prosecution believed that prior to going into the farmhouse Jerry Mark had cut the phone wire where he allegedly dropped two bullets onto the ground. They then alleged that he used a key that hung by the back door to gain access. Now, as I have repeatedly stated, I do not know all that was said or alleged in the trial. I would hope or assume that the prosecutor then alleged that the window pane in the door had been broken only in attempts to make the scene look staged but I cannot be certain. Initial articles on this crime reported this window pane being broken prior to any arrest or any suspects being named so on the surface it would appear that there was forced entry, although it could have just as likely been made to appear that way. The appeal then states that after gaining entry to the home he had gone into the basement where he turned off the power to the home. Here again is where I may have an issue, and yet, the fact that forty years have passed it is difficult to know what is true. I say this because the article written at the time indicated that one of the “electric” clocks in the home stopped at 5:00. Now keep in mind that there was likely more than one electric clock in the home but only one was mentioned. If we are to believe that this “electric” clock stopped at 5:00 then we are to assume that it meant 5 in the morning, which is not only two to four hours after the murders allegedly took place but also around the time that a witness claims to have seen Jerry Mark in Williams Iowa, some sixty miles away. He could not be in two places at once. I do however question the time on the clock because it seems to me that it would be odd for someone to go into a home that is located on a farm and decide that five in the morning would be a good time. Now of course besides hearing that they grew corn and soybeans on the farm I could not tell you anything more. Of course dairy farmers are up even earlier than five. If this was a stranger that committed the murders they would not have likely known for sure if there were cattle on the farm or not.
The appeal goes on to say that the perpetrator then went to the master bedroom and murdered Leslie and Jorjean. Now, this makes whether you believe the perpetrator was Jerry Mark or not. First, the master bedroom was downstairs and the first to be accessed, but secondly, it would make more sense to murder the adults before the children so there was less resistance throughout. It does also note the two cigarette butts in the basement and the one in Julie's room.
Today Jerry Mark is seventy-five years old. He was arrested when he was just thirty-two. He maintains his innocence and although it has been said that he no longer has the money he once had, he still seems to come up with an appeal every few years. The Iowa Department of Corrections website tells me very little about his status other than the fact that he is in their system and the prison in which he is located.
So, is Jerry Mark guilty as the jury said in 1976 or is he innocent as he and his attorney's maintain? That is hard for me to say without absolute certainty to be truthful, but I do lean towards the fact that he is guilty and I believe that if I was on the jury in 1976 I would have voted to convict even with whatever issues I may have now some forty years later. If you ask Jerry Mark, he was convicted because he lied to authorities, and maybe that is part of it, but I do not believe that was all of it. Again, I believe that this crime was very personal to the perpetrator. There was not only a lot over “overkill” but the murders of the children themselves are out of place. Had the children not been murdered then legally they would have inherited the farm in which their father had recently been given. Without them alive the farm likely reverted back to Wayne and Dorothy, who would have likely given it to another or all the other sons. Just exactly what happened to the farm is unknown. For all I know it could have been sold in order to help with Jerry's attorney fees throughout his trial considering that his mother apparently steadfastly believed in his innocence. Even some of the most hardened killers draw a line at murdering children, especially the youngest of them who have no ability to talk or identify them. Of course there were others two other brothers who had just as much to gain with the death of Leslie but the story is that neither Richard or Thomas cared about the fact that Leslie got the farm. Only Jerry seemed to express anger towards the decision and only Jerry it seems lied to the detectives about his whereabouts and about ammo that he had bought. So yes, deep down I do believe Jerry Mark is guilty. Whether he got a fair trial in 1976 is another question. But, it is another question I cannot fully answer with confidence. Yes, some issues have obviously come to light over the years, but many cases have issues. But, I also have to consider what may or may not have been fair and accurate in 1976. I would like to know more. I would like to know how they determined Jerry was lying and what other evidence they may or may not have had then... and now. It looks as if Jerry Mark will remain in prison until his last breath is taken.