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DC
#707742
DOB: 09/23/67
Eighteenth Judicial Circuit,
Brevard County, Case #90-16062-CFA
Sentencing Judge: The Honorable
Theron Yawn
Resentencing Judge: The
Honorable Theron Yawn
Attorney, Trial: Douglas T.
Squire, Esq.
Attorney, Direct Appeal: Kurt
Erlenbach, Esq.
Attorney, Direct Appeal,
Resentencing: George D. E. Burden - Assistant Public Defender
Attorney, Collateral Appeals:
Brian Onek, Esq. – Registry
Date of Offense:
09/05/90
Date of Sentence:
12/10/91
Date of Resentencing: 11/20/95
Circumstances of Offense:
On
the afternoon of 09/05/90, Marlys Sather returned home from work on her
lunch break and discovered her neighbor, Chadwick Willacy, burglarizing
her home.
When Willacy noticed that Sather was in the house, he struck her over
the head several times with a blunt object hard enough to fracture and
dislodge part of her skull.
Willacy bound her hands and ankles with
wire and duct tape. He then wrapped a telephone cord tightly around her
neck in an effort to strangle her. When this failed to work, Willacy
doused Sather with gasoline and set her on fire. Medical examiner’s
reports indicate that Sather died from smoke inhalation.
Sather’s son-in-law discovered her body when he went over to her house
following a call from her employer notifying the family that Sather
never returned from her lunch break.
*****
Trial Summary:
09/25/90 The defendant was indicted on the following charges:
Count I: First-Degree
Felony Murder (Later Dropped)
Count II: First-Degree
Premeditated Murder
Count III: Burglary With An
Assault
Count IV: Robbery
With A Firearm
Count V: First-Degree Arson
10/17/91 The
defendant was found guilty of counts II-V as charged in the indictment.
10/18/91 Upon
advisory sentencing, the jury, by a 9 to 3 majority, voted for the
imposition of the death penalty.
12/10/91 The defendant was sentenced as follows:
Count II: First-Degree
Premeditated Murder - Death
Count III: Burglary With An
Assault – 30 years
Count IV: Robbery With A
Firearm – 30 years
Count V: First-Degree Arson – 30 years
05/12/94 On
Direct Appeal, the Florida Supreme Court affirmed Willacy’s convictions,
but reversed his death sentence and remanded to the trial court for a
new penalty phase.
10/03/95 Upon
advisory sentencing, the jury, by an 11 to 1 majority, voted for the
imposition of the death penalty.
11/20/95 The defendant was resentenced as follows:
Count I: First-Degree
Murder - Death
*****
Case Information:
On
01/13/92, Willacy filed a Direct Appeal in the Florida Supreme Court.
In the appeal, he argued that the trial court erred in denying defense
counsel’s request to rehabilitate a State-stricken juror after she
indicated that she could not recommend the death penalty. The Florida
Supreme Court noted that the trial court properly sustained the State’s
challenge for cause, but erred in failing to allow the defense an
opportunity to rehabilitate the juror. Willacy also claimed that a
Neil violation
occurred when the only African-American on the panel was peremptory
challenged by the State. The Florida Supreme Court found no error in
the challenge. Willacy also argued that his Miranda rights were
violated when a detective initiated a conversation with him without his
lawyer present, in which he subsequently implicated himself in the
murder. The trial court ruled that Willacy’s statement was made
voluntarily and could be used to impeach his testimony if he took the
stand. The Florida Supreme Court agreed. Based on the error that
occurred during voir dire, the Florida Supreme Court affirmed Willacy’s
convictions, but reversed his death sentence and remanded for a new
penalty phase proceeding.
On
11/20/95, Willacy was sentenced to death again. He then filed a Direct
Appeal in the Florida Supreme Court on 02/12/95. In the appeal, he
argued the trial court erred in denying his motion to have Judge Yawn
disqualified from his case. He claimed that Yawn was biased toward the
death penalty since he presided over Willacy’s original trial. Willacy
claimed that the trial court erred in allowing the State to present
additional testimony, photos and a videotape of the victim’s burned
body. Willacy also argued the consideration and application of
aggravating circumstances. The Florida Supreme Court found no error and
affirmed Willacy’s death sentence on 04/24/97.
Willacy filed a Petition for Wit of Certiorari in the United States
Supreme Court, which was denied on 11/10/97.
Next, Willacy filed a 3.850 Motion to the State Circuit Court on
05/11/98. The motion was amended on 03/18/02, then denied on 11/19/04.
On
01/31/05, Willacy filed a 3.850 Appeal in the Florida Supreme Court.
The appeal is currently pending.
On
11/03/05, Willacy filed a Petition for Writ of Habeas Corpus in the
Florida Supreme Court. The petition is currently pending.
FloridaCapitalCases.state.fl.us
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