to win a bet with friends that he could "get it on" with a woman. He then searched her apartment for drugs and money. He came back to her with drugs and two dildos. He forced her to ingest alcohol and drugs with him and then had her insert one of the dildos into his anus. Ms. Luebbehusen told Schiro that she was also gay, that she had been raped as a child, that she had never had sex, and that she did not want to have sex. Schiro then raped her. 963 F.2d at 965-66.
After he left the room, Luebbehusen tried to leave, but Schiro dragged her back into the apartment by her hair, told her not to try to leave again, and raped her a second time. When he ran out of liquor, Schiro took Luebbehusen with him to the liquor store. Upon their return to her apartment, he raped her a third time and then passed out. He woke up to find Luebbehusen dressed and leaving the apartment. She told him that she would not turn him in and was just going to find a girlfriend. Schiro refused to let her leave and decided that he had to kill her in order to keep her quiet. When he thought she was asleep, he hit her on the head with a vodka bottle until it shattered. As she fought with him, he beat her with an iron and then strangled her. He then dragged her corpse from the bedroom to the living room, performed anal and vaginal intercourse on her corpse, and chewed on various body parts. 963 F.2d at 966.
Lubbehusen's roommate and her ex-husband found Lubbehusen's body near the doorway. Her slacks were pulled down around her ankles and her legs were spread apart; her body had many bruises, cuts, and bite marks. The walls and floor of the apartment were covered with blood and the house was in a shambles. In the meantime, Schiro disposed of one of the dildos and had his girlfriend wash, shred, and dispose of the gloves he had been wearing while committing the acts. 963 F.2d at 966.
At trial, Schiro was convicted of murder while committing or...