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Willie J. WILLIAMS Jr.
A.K.A.: "Flip"
Classification: Mass murderer
Characteristics: Drug
dealer - Control of drug sales
Number of victims: 4 +
Date of murders:
September 2,
1991
Date
of arrest: January 12, 1992
Date of birth:
November 9,
1956
Victims profile: Alfonda Madison, Theodore Wynn, William
Dent and Eric Howard
Method of murder: Strangulation
/ Shooting
Location: Mahoning County, Ohio, USA
Status:
Executed
by lethal injection in Ohio on October 25, 2005
Williams had returned to his hometown of Youngstown in 1991 after
serving a prison stint in California for dealing cocaine and sought
to reclaim control of drug sales in a public housing project.
In one brazen move, Williams went to the local police station and
tried unsuccessfully to gain information about local drug dealers.
In what became known as the "Labor Day Massacre," Williams recruited
three juvenile accomplices: his sixteen-year-old girlfriend, Jessica
M. Cherry; her brother, Dominic M. Cherry; and Dominic Cherry's
seventeen-year-old "cousin", Broderick Boone to set up the three men
who had taken over the drug trade.
Williams equipped the juveniles
with walkie-talkies, guns, and diagrams of the home of one of his
rivals. The juveniles entered the home and subdued Madison, the
Williams eneterd. Two others were lured to the location.
William Dent, Alfonda Madison and Eric Howard were bound, along with a
friend who came to visit, recently discharged Air Force Sgt.
Theodore Wynn. Williams strangled Madison and Wynn, and then
instructed Jessica to turn up the stereo. Going from room to room,
Williams shot each of the four victims in the head with Madison's
gun.
Shortly after his arrest as a suspect in the murders, Williams
and a group of other inmates escaped from a county jail.
A few
months later, he broke into a juvenile jail where his three
accomplices in the murders were being held, apparently intending to
kill them because they had cooperated with police. Williams took a
guard and a receptionist hostage but was unable to get in and
eventually surrendered peacefully.
Citations:
State v. Williams, 79 Ohio St.3d 1, 679 N.E.2d 646, (Ohio
1997). (Direct Appeal) Williams v. Bagley, 380 F.3d 932 (6th Cir. 2004) (Habeas)
Final Meal:
Declined.
Final Words:
Before Williams died, he winked and blew a kiss to his adult
daughter, Jameka, and thanked her and his brother and uncle for
being witnesses. "I'm not going to waste no time talking about my
lifestyle, my case, my punishment. Y'all stick together. Don't worry
about me. I'm OK."
ClarkProsecutor.org
Ohio Department of Corrections
Inmate #: 256583
Inmate: Williams, Willie
Race: Black
Gender: Male
DOB: 11/09/56
County of Conviction: Summit
Date of Offense: 09/02/91
Received at DOC: 08-13-93
Offenses: 93-04-0760: Aggravated Murder (4 counts) each with
specification of aggravating circumstances (purposeful killing of
two or more persons), Kidnapping (4 counts) each with firearm
specifications, Aggravated Burglary.
92CR175: Escape, Having Weapons under Disability, Possession of
Dangerous Ordnance, Aggravated Burglary, Aggravated Robbery with
firearm specification, Kidnapping (2 counts), Illegal Conveyance of
Weapons into Detention Facility with firearm specification.
Institution: Mansfield Correctional Institution
Ohio Attorney General
Willie Williams Death Penalty Appeals
County: Summit
Summary of Crime:
On 9/1/91, Williams murdered Alfonda Madison, Theodore Wynn, William
Dent and Eric Howard in Youngstown's Kimmelbrooks housing project.
The victims had taken over drug sales that Williams used to control
in the housing project. In an attempt to re-establish control of
drug sales, Williams instructed three juvenile accomplices, Jessica
Cherry, Dominic Cherry and Broderick Boone, to lure each victim to
Mr. Madison's house. Williams handcuffed all four victims and then
shot each of them in the head.
Ohio / State Procedural History
Original Trial: Indictment: 11/12/1991 - Sentence: 08/12/1993
First Review of Original Trial (Direct Appeal)
Court of Appeals Decision: 11/01/1995
Supreme Court Decision: 06/11/1997
First U.S. Supreme Court Review: 01/12/1998
Second Review of Original Trial (Post-Conviction Action)
Filed in Trial Court: 09/20/1996
Trial Court Decision: 12/15/1998
Court of Appeals Decision: 11/17/1999
Supreme Court Decision: 02/16/2000
Second U.S. Supreme Court Review:
U.S. / Federal Procedural History
Request Writ of Habeus Corpus - U.S. District Court in Columbus -
Judge: Gwin
Prisoner's Notice of Intent: 08/18/2000
Prisoner's Petition: 01/31/2001
State's Return of Writ: 04/02/2001
Prisoner's Traverse: 05/17/2001
Evidentiary Hearing: District Court Decision: 04/12/2002
Review of Habeus Corpus Decision
U.S. 6th Circuit Court of Appeals
Notice of Appeal: 04/24/2002
Prisoner's Final Brief: 10/28/2002
State's Final Brief: 10/30/2002
Oral Argument: 01/29/2004
Court of Appeals Decision: 08/13/2004
Third U.S. Supreme Court Review - U.S. Supreme Court
Status In State Courts:
State court proceedings completed. Execution date has been set for
October 25, 2005.
Status In Federal Courts:
Federal court proceedings completed.
Case Notes:
On 6/11/97, the Ohio Supreme Court affirmed Williams' conviction and
death sentence on direct appeal. On 4/12/02, the district court
denied Williams' petition for a writ of habeas corpus. On 4/24/02,
Williams filed a notice of appeal to the 6th Circuit. On 1/29/04,
the 6th Circuit held oral argument. On 8/13/04, the 6th Circuit
affirmed the district court's decision denying Williams' petition
for a writ of habeas corpus. On 11/22/04, the 6th Circuit denied
Williams' petition for rehearing en banc. On 4/25/05, the U.S.
Supreme Court denied Williams' petition for a writ of certiorari. On
7/13/05, the Ohio Supreme Court set Williams' execution date for
10/20/05. On 9/30/05, the Ohio Parole board recommended to Govenor
Taft that Williams be denied clemency. {Note: Williams' execution
date has been set for 10/25/05}.
Days Since Death Penalty Imposed: 4432
Killer dies without a word of remorse; I'm OK. This all ain't
nothing. That's it,
By Reginald Fields -
Cleveland Plain Dealer
October 26, 2005
Lucasville - Willie "Flip" Williams died with the same cold
disdain for his own life that he showed for the four men he shot
dead in a Youngstown housing project 14 years ago. Williams was
executed by injection Tuesday at the Lucasville prison while his
daughter, brother and an uncle watched. Also watching were 12
members of his victims' families.
With his last, defiant words, Williams, 48, spoke only to his
family and never uttered a bit of the remorse the victims' families
had hoped to hear. "I'm not going to waste no time talking about my
lifestyle, my case, my punishment," said Williams, after blowing a
kiss to his daughter, Jameka. "I love you all very much. Ya'll stick
together. Don't worry about me. I'm OK. This all ain't nothing.
That's it."
In a soft voice, Jameka replied: "I love you, Daddy." With that,
the drugs began pulsating through Williams' body. He was pronounced
dead eight minutes later at 10:20 a.m.
"I guess this is it," said Donna Wynn, mother of Theodore Wynn
Jr., one of four men murdered execution-style by Williams on Sept.
2, 1991. Donna Wynn later said she hoped Williams at least expressed
remorse to his grieving mother, who was at the prison but did not
witness the execution.
The victims' families said they were most stung by Williams'
final words. "It was almost like his last taunt, This ain't
nothing,' " said Alicia Ennis, mother to a 13-year-old daughter of
victim William Dent, who never got to see his child. "This is not
closure for me, because I still have to raise my daughter." Tawanda
Madison said Williams died too peacefully. He didn't have to plead
for his life, Madison said, like her brother Alfonda Ray Madison
did. "It was too easy," she said.
Williams' death closed the book on one of the most violent crimes
to strike a city known for its street violence. So ended the life of
a brazen, power-driven criminal with a record dating to his teenage
years. Williams killed Madison, Dent and Eric Howard inside
Madison's home in an attempt to take over a drug trafficking
business in the neighborhood, according to court records. Wynn, a
recently discharged Air Force sergeant, showed up at the wrong time
to visit his friend, Madison, police said.
Williams did not sleep more than 30 minutes in his final 24 hours,
prison officials said. He visited more than 35 family members -- the
largest throng of visitors on the eve of an execution that prison
officials could recall. They were allowed to sit with Williams for
short periods in groups of three. He refused dinner and breakfast,
accepting only a cup of coffee and two cups of water.
Williams, who did not ask for clemency, was the 18th death row
inmate executed in Ohio since the state resumed executions in 1999.
Ohio Execution; Willie Flip Williams Receives Lethal Injection
By Talia Hagler - MSNBC News
October 25, 2005
A man described as a drug dealer and convicted killer is dead.
Willie Flip Williams was the eighteenth person to be put to death in
Ohio since the death penalty was re-instated in 1981. He was
executed by lethal injection which took just eight minutes, a short
end to a long journey.
It's been a long wait for the families whose loved ones were
executed at the hand of Willie Flip Williams back on Labor Day 1991,
but they have never stopped counting the days until justice was
served. "My brother was taken from us fourteen years one month and
23 days ago," says victim Alfonda Madison's sister Tawanna Madison.
And now they can finally stop counting.
Williams arrived at the death house in Lucasville Monday morning
just before 10 a.m. from death row in Mansfield. He was offered a
special meal but refused it. He ate nothing from the time he arrived
until his death at 10:20 Tuesday morning. Prison officials say
that's unusual but they say he was in good spirits and seemed
prepared for what was to come.
25 members of William's family were visiting with him Monday and
were with him almost until the last minute. "The one thing that they
have been afforded is they have been able to spend time with him and
the opportunity to say goodbye," says victim Theodore Wynn's mother
Donna Wynn. "He did not give us that same consideration."
Williams' never addressed the victim's families or showed any
remorse for crimes he committed. While the family members believe
justice was served they also feel the lethal injection gave Willie
Flip Williams the easy way out, an option their loved ones didn't
have.
Killer admired underworld 'dons'
Ex-Youngstown drug dealer to
die Tuesday for slaying four
By Thomas J. Sheeran -
Cincinnati Enquirer
Associated Press - Monday, October 24, 2005
YOUNGSTOWN, Ohio - In a city once called the nation's crime
capital, drug dealer Willie J. "Flip" Williams Jr. pictured himself
as a modern-day successor to the underworld bosses. Williams, 48,
was convicted of aggravated murder, kidnapping and aggravated
burglary in the Sept. 1, 1991, slayings of three suspected drug
dealers and a fourth young man. He is to be executed Tuesday by
lethal injection. State and federal appeals courts rejected Williams'
appeal of his conviction and death sentence. Williams did not ask
for clemency.
The evidence against Williams included the eyewitness testimony
of three accomplices who pleaded guilty. In addition, when Williams
was arrested shortly after the deaths, a test showed he had recently
used a gun. Williams escaped soon after his arrest and three months
later broke into a juvenile detention center, taking hostages before
surrendering with no one hurt. Police think he wanted to kill his
three cohorts for testifying against him.
Williams, who turned down interview requests, earned notoriety at
a time of rising street violence in Youngstown, with drug dealers
flashing Uzi submachine guns and the murder rate ballooning. "This
was a big fish. It's very unusual for you to get somebody on the top
of the food chain," said Kenneth Bailey, who handled the Williams
trial in Akron as a Mahoning County prosecutor.
Youngstown police detective William Blanchard thinks the top was
where Williams wanted to be. Williams' short stature - about 5 feet,
6 inches - made him aspire to seem bigger, Blanchard said. Williams'
role models were the dons of the Youngstown underworld who had
battled for control of rackets as part of a feud between the
Cleveland and Pittsburgh mobs. "He wanted to be the black Joey
Naples," the city's one-time crime boss, Bailey said.
According to Bailey and Blanchard, Williams may have killed up to
10 other people in his career but never was charged. Police said
Williams used trusted associates to gather his top rivals, including
William Dent, 23; Alfonda Madison, 21; and Eric Howard, 20. The
fourth victim, 23-year-old Air Force veteran Theodore Wynn of nearby
Coitsville, was visiting Madison and Howard. The victims were
variously bound, shot and strangled, the coroner ruled.
Williams' defense attorney, J. Gerald Ingram, said Williams
didn't get a fair trial because the judge didn't adequately respond
to allegations that some jurors heard rumors about the case.
Williams claimed there was insufficient evidence to convict him and
said prosecution witnesses were inconsistent and biased. The Ohio
Supreme Court said the hostage-taking showed Williams wanted to kill
his accomplices - an indication that Williams was aware of his guilt.
State of Ohio - Adult Parole Authority
DATE PUBLISHED: September 30, 2005
IN RE: Willie J. Williams, Jr. #A256583
STATE OF OHIO - ADULT PAROLE AUTHORITY - COLUMBUS, OHIO
Date of Meeting: September 26, 2005
Minutes of the SPECIAL MEETING of the Adult Parole Authority held
at 1030 Alum Creek Drive,Columbus, Ohio 43205.
Willie J. Williams, Jr. #A256583 - `Clemency Report
SUBJECT: Death Penalty Clemency
CRIME/CONVICTION: 93-04-0760: Aggravated Murder (4 counts) each
with specification of aggravating circumstances (purposeful killing
of two or more persons), Kidnapping (4 counts) each with firearm
specifications, Aggravated Burglary. 92CR175: Escape, Having Weapons
under Disability, Possession of Dangerous Ordnance, Aggravated
Burglary, Aggravated Robbery with firearm specification, Kidnapping
(2 counts), Illegal Conveyance of Weapons into Detention Facility
with firearm specification.
DATE, PLACE OF CRIME:
93-04-0760: September 2, 1991 / Youngstown, Ohio
92CR175: October 14, 1991 (Escape) / Youngstown, Ohio - January 12,
1992 / Youngstown, Ohio
COUNTY: 93-04-0760: Summit (Change of Venue)
92CR175: Mahoning
VICTIMS: 93-04-0760:
1) Alfonda Ray Madison
2) Theodore Wynn, Jr.
3) Eric Howard
4) William Dent
92CR175:
1) Deputy Michael A. Fonda
2) Carla Nickle
INDICTMENT: 93-04-0760:
Counts 1-12: Aggravated Murder with 4 Specifications: Specification
1: 2929.04(A) (7) and 2941.14 (Kidnapping / Principal Offender);
Specification 2: 2929.04 (A) (7) and 2941.14 (Aggravated Burglary /
Principal Offender); Specification 3: 2929.04(A) (5) and 2941.14 (Purposeful
killing of two or more persons); Specification 4: 2941.141 and
2929.71(A) (Firearm) Counts 13-16: Kidnapping with 2 Specifications:
Specification 1: 2941.142 and 2929.71(A) (Firearm); Specification 2:
2941.142 and 2929.11(B) (1) (b) (Prior Aggravated Felony conviction)
Count 17: Aggravated Burglary with 2 Specifications: pecification 1:
2941.141 and 2929.71(A) (Firearm); Specification 2: 2941.142 and
2929.11(B) (1) (b) (Prior Aggravated Felony conviction)
INDICTMENT: 92CR175:
Count 1: Escape with Specification: 2941.142 and 2929.11(B) (1) (b)
(Prior Aggravated Felony conviction) Count 2: Aggravated Burglary
with Specification: Specification 1: 2941.141 and 2929.71(A) (Firearm);
Specification 2: 2941.142 and 2929.11(B) (1) (b) (Prior Aggravated
Felony conviction); Specification 3: 2941.144 and 2929.72(A) (Automatic
or Silenced Firearm) Counts 3 & 4: Kidnapping with 3 Specifications:
Specification 1: 2941.141 and 2929.71(A) (Firearm); Specification 2:
2941.142 and 2929.11(B) (1) (b) (Prior Aggravated Felony conviction);
Specification 3: 2941.144 and 2929.72(A) (Automatic or Silenced
Firearm) Count 5: Aggravated Robbery with 3 Specifications:
Specification 1: 2941.141 and 2929.71(A) (Firearm); Specification 2:
2941.142 and 2929.11(B) (1) (b) (Prior Aggravated Felony conviction);
Specification 3: 2941.144 and 2929.72(A) (Automatic or Silenced
Firearm) Count 6: Having Weapons While Under Disability with 3
Specifications: Specification 1: 2941.141 and 2929.71(A) (Firearm);
Specification 2: 2941.142 and 2929.11(B) (1) (b) (Prior Aggravated
Felony conviction); Specification 3: 2941.144 and 2929.72(A) (Automatic
or Silenced Firearm) Count 7: Unlawful Possession of a Dangerous
Ordnance with 3 Specifications: Specification 1: 2941.141 and
2929.71(A) (Firearm); Specification 2: 2941.142 and 2929.11(B) (1)
(b) (Prior Aggravated Felony conviction); Specification 3: 2941.144
and 2929.72(A) (Automatic or Silenced Firearm) Count 8: Illegal
Conveyance of Weapons on to Grounds of Detention Facility with 3
Specifications: Specification 1: 2941.141 and 2929.71(A) (Firearm);
Specification 2: 2941.142 and 2929.11(B) (1) (b) (Prior Aggravated
Felony conviction); Specification 3: 2941.144 and 2929.72(A) (Automatic
or Silenced Firearm)
TRIAL: 93-04-0760: Found Guilty by Jury
PLEA: 92CR175: Pled Guilty to Indictment
SENTENCE: 93-04-0760: Counts 1, 2, 3, 4 with Specification 3,
Sentenced to DEATH (Specifications and remaining counts merged);
Counts 13, 14, 15, 16 with Specification 1: 15-25 years on each
count consecutive with 3 years actual for each firearm specification;
Count 17: 15-25 years consecutive.
92CR175: Counts 1, 6, 7: Sentenced 3-5 years on each count
consecutive; consecutive with: Counts 2, 3, 4, 5: 15-25 years on
each count consecutive; consecutive with Count 8: 4-10 years
consecutive with Firearms Specification: 6 years
ADMITTED TO INSTITUTION: May 6, 1992
AGE AT ADMISSION: 35 years old (DOB: 11/9/56)
PRESIDING JUDGE: 93-04-0760: Honorable James P. Winter
92CR175: Honorable Peter C. Economus
PROSECUTOR: James A. Philomena
ASSISTANT PROSECUTOR: Ken Bailey
FOREWORD
Clemency in the case of Willie J. Williams, Jr. was initiated by
the Honorable Bob Taft, Governor of the State of Ohio, and the Ohio
Parole Board, pursuant to Sections 2967.03 and 2967.07 of the Ohio
Revised Code and Parole Board Policy #105-PBD-05.
Mr. Williams was scheduled to be interviewed by a member of the
Parole Board on September 7, 2005. However, he elected not to be
interviewed.
A Death Row Clemency Review Hearing was conducted on September
26, 2005 with seven members of the Ohio Parole Board participating.
Assistant Public Defender Joseph Wilhelm was present to represent Mr.
Williams. Mr. Wilhelm advised the Board that he had no formal
presentation and that his client “was not formally seeking clemency”.
Present at the hearing and providing testimony on behalf of the
State of Ohio were Mahoning County Prosecuting Attorney Paul Gains,
former Mahoning County Assistant Prosecuting Attorney Ken Bailey,
and Assistant Attorney General Carol Ellensohn. Many family members
of the victims were present. Testimony was provided by Tawanna
Madison, sister of victim Alfonda Madison, Donna Wynn, mother of
victim Theodore Wynn, Earlina Wiggins and Jennifer Johnson, sisters
of victim William Dent.
After careful review and deliberation concerning the documentary
evidence and testimony provided, the Parole Board voted and reached
a unanimous decision. We now submit to the Honorable Bob Taft,
Governor of the State of Ohio, our report and recommendation.
The following account of the instant offense was obtained from the
Ohio Supreme Court opinion decided June 11, 1997 on appeal from the
Court of Appeals from Summit County:
Willie J. Williams, Jr., controlled the drug trafficking at the
Kimmelbrook housing project in east Youngstown, Ohio. After an
extended absence from the area, Williams returned to find that
Alfonda R. Madison, William L Dent, Eric Howard, and others had
taken over the drug trade at the Kimmelbrook project. Williams
wanted to regain control of the drug business, so he decided to rob
and kill Madison and the others. Williams recruited three juvenile
accomplices: his sixteen-year-old girlfriend, Jessica M. Cherry; her
brother, Dominic M. Cherry; and Dominic Cherry's seventeen-year-old
"cousin", Broderick Boone.
On August 27, 1991, Williams bought walkie-talkies at a Radio
Shack store. The devices had a combined microphone-earphone earpiece
that left the user's hands free. He also bought batteries and duct
tape. Williams, Dominic, and Broderick later tested the walkie-talkies.
Before the murders, Williams outlined his plan to his three
accomplices. During this meeting, he drew interior and exterior
diagrams of Madison's house. He later ordered Dominic to burn these,
but Dominic burned only one diagram. In addition, Williams supplied
each accomplice with a gun.
On September 1, 1991, Jessica met with Madison and discussed a
drug deal. Later that night, Williams and his three accomplices
arrived at Madison's home by car. Williams armed the three juvenile
accomplices with guns and a walkie-talkie and sent them inside,
while he waited outside with a walkie-talkie.
Once inside, the three
accomplices drew their guns on Madison, then, after receiving word
via walkie-talkie that the situation was secure, Williams, armed
with a semiautomatic rifle, entered the house carrying a duffel bag
containing handcuffs, duct tape, and gloves. Inside, Williams
handcuffed and bound Madison and put tape over his mouth.
Thirty to forty-five minutes later, Theodore Wynn, Jr., a
recently discharged Air Force sergeant, came to the door looking for
Madison and Howard, who were roommates. Jessica answered the door
and told Wynn that Madison was not home and Howard was asleep. As
Wynn walked back towards his car, Williams told Jessica to call Wynn
back into the house because Wynn could identify them. Inside the
house, Williams held Wynn at gunpoint and handcuffed him.
Upon orders from Williams, Jessica walked to a pay phone and
called William Dent for the purpose of luring him to the house. When
Dent arrived with Howard, Williams and his accomplices ambushed them
and forced them to lie down in the bathroom.
Williams strangled
Madison and Wynn, and then instructed Jessica to turn up the stereo.
Going from room to room, Williams shot each of the four victims in
the head with Madison's gun. The group left Madison's home but
Williams, according to Jessica, went back in “to make sure they were
all dead”.
Later, back at his apartment, Williams embraced his juvenile
accomplices and rewarded them with drugs. He warned them not to tell
anyone what they had done or he would kill them. The next day,
September 2, 1991, Williams and Jessica were driving down the street
when another car rammed theirs and the people in the other car shot
at them. Jessica and Williams fled the scene. When they returned to
the vicinity of the accident, officers transported them to the
Youngstown Police Department and later released them after
questioning them about the traffic accident.
Later that night, Williams, Jessica, Dominic, and Broderick fled
to Pennsylvania. They returned to the Youngstown area and parted
company.
On September 24, 1991, Dominic turned himself in, and gave
a statement about the murders. Later, officers arrested Jessica and
Broderick, and the latter also gave statements. Following their
arrests, Jessica, Dominic, and Broderick were held at the Mahoning
County Juvenile Justice Center.
Williams was later arrested in connection with the murders. On
10/15/91, shortly after being arrested, he escaped from jail. While
a fugitive from justice, a Mahoning County Grand Jury indicted
Williams on four counts of aggravated murder, four counts of
kidnapping, and one count of aggravated burglary.
On January 12, 1992, Williams and two other accomplices, Paul R.
Keiper, Jr, and a juvenile named Eric Fields, appeared at the
Mahoning County Juvenile Justice Center.
The three deceived a
receptionist and were permitted to enter. Once inside, Williams held
the receptionist and a deputy sheriff hostage, demanding to see
Jessica, Dominic, and Broderick. After lengthy negotiations,
Williams surrendered to authorities.
At trial, Keiper testified that
Williams planned to kill the three juveniles because he knew that
they had made statements to the police regarding the murders.
The Mahoning County Grand Jury reindicted Mr. Williams on twelve
counts of aggravated murder, four counts of kidnapping, and one
count of aggravated burglary. In addition, each aggravated murder
charge included two felony murder death specifications and one death
specification for multiple murders. The court transferred venue to
Summit County.
Jessica, Dominic, and Broderick all entered into plea agreements
with the Mahoning County Prosecutor's Office. All three pled guilty
to delinquency by reason of complicity to aggravated murder,
complicity to aggravated burglary, and complicity to kidnapping. All
three testified against Williams.
A jury convicted Williams on all counts and specifications. The
trial court merged the twelve aggravated murder counts into four and
the three specifications per count into a single multiple-murder
specification. Following the sentencing hearing, the jury
recommended death for each count of aggravated murder. The trial
judge sentenced Willie J. Williams to death, and the court of
appeals affirmed the sentence.
PRIOR RECORD:
Juvenile: Unknown.
Adult:
DATE: OFFENSE: LOCATION: DISPOSITION:
2-23-76 Breaking & Entering Youngstown, Ohio 8-18-76: 3 years formal
(Age 19) probation on condition that defendant attend the Mahoning
County Rehabilitation Center
7-23-76 Improper Handling Youngstown, Ohio Fined $50 and costs, (Age
19) Firearm in Motor ordered to serve 30 days Vehicle in county jail
3-29-76 Assault Youngstown, Ohio 4-5-76: found guilty in (Age 19)
Municipal Court, sentenced to 10 days City Jail, suspended.
2-16-77 Bank Robbery Cleveland, Ohio Sentenced to 12 years (Age 20)
Federal Correctional Inst.
8-26-81 Attempted Aggravated Youngstown, Ohio 10-30-81: No billed by
(Age 24) Murder Grand Jury
81CR771
8-26-81 Kidnapping Youngstown, Ohio 3-2-82: found not guilty (Age
24) by Jury.
8-26-81 Aggravated Murder Youngstown, Ohio 3-3-82: found not guilty
(Age 24) by Jury.
12-2-81 Felonious Assault Youngstown, Ohio 12-29-81: case dismissed
(Age 25) for lack of prosecution.
7-31-82 Felonious Assault Youngstown, OH 8-2-82: hearing held in (Age
25) Youngstown Municipal Court, probable cause found, held for Grand
Jury, $3,500 bond; 9-22- 82: no billed by Grand Jury, Case #82CR824.
8-9-82 Aggravated Robbery Youngstown, Ohio 8-10-82: waived hearing (Age
25) in Municipal Court, held for Grand Jury with $5,000 bond;
9-22-82: indicted by Grand Jury case 82CR787; 10-25-82: case
dismissed.
2-21-86 Felonious Assault Youngstown, Ohio 3-31-86: waived hearing;
(Age 29) 4-25-86: no billed by Grand Jury.
8-8-86 Assault Youngstown, Ohio 9-10-86: Case dismissed (Age 29)
5-31-88 Felonious Assault Youngstown, Ohio 6-21-88: Case dismissed (Age
31)
8-29-88 Possession of Cocaine Los Angeles, CA. 1-17-89: sentenced 5
yrs. (Age 31) State Penitentiary; 4-28- 91: Paroled to Ohio
INSTITUTIONAL ADJUSTMENT:
A review of the Mansfield Correctional Institution Unit file
indicates an acceptable institutional adjustment. Mr. Williams has
not been a disciplinary problem nor has he distinguished himself in
any manner.
PROPONENTS TO CLEMENCY:
The Ohio Parole Board received no written application for clemency
on behalf of Mr. Williams. In a letter to the Ohio Parole Board
dated August 15, 2005, Mr. Joseph Wilhelm, Chief Counsel of the
Death Penalty Division of the Ohio Public Defenders Office writes:
“I have contacted Mr. Williams and met with him to discuss the
clemency process. After consideration of the process, Mr. Williams
stated to me that he does not wish to be interviewed by a member of
the Parole Board. Mr. Williams also stated that he does not want a
clemency petition to be filed on his behalf.”
As previously indicated, Mr. Wilhelm informed the Parole Board of
Mr. Williams’ decision not to participate at the clemency hearing on
September 26, 2005. As part of the review process, the Parole Board
reexamined and discussed the mitigating factors presented at trial
as well as the dissenting opinions of several appellate jurists. At
the mitigation phase of his sentencing, Williams presented some
evidence that he lacked a father figure while an adolescent and had
minimal parental supervision.
A clinical psychologist, Dr. Jeffrey
Smalldon, testified that Williams’ suffered from a personality
disorder but same did not rise to the level of a mental disease or
defect. Three jurists in separate Courts dissented from their
colleagues vote to affirm the conviction and sentence. Significant
issues for the judicial dissenters included Mr. Williams’ appellate
claim that juror misconduct and juror bias precluded a fair and
impartial trial and that the trial judge abused discretion in not
conducting a more extensive examination of impaneled jurors. The
Board concluded that a fair determination of alleged bias and
misconduct is more appropriately left to appellate jurists.
OPPONENTS TO CLEMENCY:
Mahoning County Prosecuting Attorney Paul Gains and Assistant
Attorney General Carol Ellensohn provided extensive testimony in
opposing clemency for Mr. Williams at the hearing conducted
September 26, 2005. Extensive documentary evidence was provided
prior to the hearing. Arguments in opposition to the granting of
Executive Clemency included:
• The brutality and magnitude of the crime. Four young men were
shot in the head execution-style.
• No mitigation exists in the offense itself. Several of the
victims were lured to the residence prior to their murders. Each was
bound. Mr. Williams enlisted juveniles to accomplish his
premeditated plan.
• On each of the four Aggravated Murder counts, Williams was
convicted of three specifications. Although merged by the trial
Court at sentencing, the establishment of a singe factor on a single
count was sufficient to impose a sentence of death.
• Mr. Williams has never accepted responsibility for the heinous
murders of four individuals nor apologized for his callous actions.
• He is not asking for clemency.
• The aggravating and mitigating circumstances surrounding the
crime were considered at trial, upheld throughout an appellate
process lasting twelve years, and affirmed by each reviewing Court.
Family members’ surviving the four victims in this case provided
testimony at the hearing. None were supportive of clemency, although
the sister of victim William Dent noted that she has forgiven Mr.
Williams. Each described their collective loss, ongoing grief, and
impact of the tragic loss of their loved ones on their lives and the
lives of their family and friends. Their written statements and
letters were entered into the record.
CONCLUSION:
The Ohio Parole Board deliberated extensively on the documentary and
testimonial evidence provided. The Board concurs with the successive
judicial findings that there is nothing in Mr. William’s history,
character or background that can be given any significant weight in
mitigation. The aggravating circumstance of a wanton, calculated,
horrific, cold-blooded, execution-style killing of four (4)
defenseless young men greatly outweighs any proffer of mitigation.
All other statutory mitigating factors, including the factor of
mercy, were considered and no factor in mitigation of the sentence
of death is found present. The inmate does not want clemency and no
mercy appears warranted. There is no manifest injustice in denying
Executive Clemency.
RECOMMENDATION:
The Ohio Parole Board with seven (7) members participating, by a
vote of seven (7) to zero (0) recommends to the Honorable Bob Taft,
Governor of the State of Ohio, that Executive Clemency be denied in
the case of Willie J. Williams, Jr. #256583.
Governor Bob Taft News Release
TAFT STATEMENT ON WILLIAMS CLEMENCY
COLUMBUS (October 24, 2005) – Governor Bob Taft today issued the
following statement concerning the clemency of Willie J. Williams,
Jr.:
“During the early morning hours of September 2, 1991, Mr.
Williams brutally murdered four young men. The execution-style
killings of Alfonda Madison, William Dent, and Eric Howard were part
of Mr. Williams’ plan to take control over the drug trafficking
business in his neighborhood. Mr. Williams killed Theodore Wynn, an
acquaintance of the others, to avoid being identified. A jury
convicted him of four counts of Aggravated Murder, Kidnapping, and
Burglary, and he was sentenced to death.
“Since his conviction, Mr. Williams’ case has been exhaustively
litigated in both state and federal courts, and these courts have
upheld his convictions and sentence. “Mr. Williams did not request
executive clemency and has shown no remorse for his crimes. His
attorney attended the clemency hearing, but indicated only that Mr.
Williams did not wish to participate in the clemency process.
“The Ohio Parole Board thoroughly considered Mr. Williams’ case
in anticipation of his pending execution date. The Parole Board
unanimously recommended (7-0) a denial of executive clemency, noting
that the ‘aggravating circumstance of a wanton, calculated, horrific,
cold-blooded, execution-style killing of four (4) defenseless young
men greatly outweighs any proffer of mitigation.’
“Following a thorough review of the judicial opinions, the report
and recommendation of the Ohio Parole Board, recommendations from
the Ohio Attorney General’s Office and the Mahoning County
Prosecutor’s Office, and other relevant materials, I can find no
compelling reason to grant clemency.
“May God bless the families and friends of Alfonda Madison,
Theodore Wynn, William Dent, and Eric Howard.”
ProDeathPenalty.com
Willie J. Williams, Jr., controlled the drug trafficking at the
Kimmelbrook housing project in east Youngstown, Ohio. After an
extended absence from the area, Williams returned to find that
Alfonda R. Madison, William L Dent, Eric Howard, and others had
taken over the drug trade at the Kimmelbrook project.
Williams wanted to regain control of the drug business, so he
decided to rob and kill Madison and the others. Williams recruited
three juvenile accomplices: his sixteen-year-old girlfriend, Jessica
M. Cherry; her brother, Dominic M. Cherry; and Dominic Cherry's
seventeen-year-old "cousin", Broderick Boone.
On August 27, 1991, Williams bought walkie-talkies at a Radio
Shack store. The devices had a combined microphone-earphone earpiece
that left the user's hands free. He also bought batteries and duct
tape. Williams, Dominic, and Broderick later tested the walkie-talkies.
Before the murders, Williams outlined his plan to his three
accomplices. During this meeting, he drew interior and exterior
diagrams of Madison's house. He later ordered Dominic to burn these
diagrams, but Dominic burned only one copy. In addition, Williams
supplied each accomplice with a gun.
On September 1, 1991, Jessica met with Madison and discussed a
drug deal. Later that night, Williams and his three accomplices
arrived at Madison's home by car. Williams armed the three juvenile
accomplices with guns and a walkie-talkie and sent them inside,
while he waited outside with a walkie-talkie.
Once inside, the three
accomplices drew their guns on Madison, then, after receiving word
via walkie-talkie that the situation was secure, Williams, armed
with a semiautomatic rifle, entered the house carrying a duffel bag
containing handcuffs, duct tape, and gloves. Inside, Williams
handcuffed and bound Madison and put tape over his mouth.
Thirty to forty-five minutes later, Theodore Wynn, Jr., a
recently discharged Air Force sergeant, came to the door looking for
Madison and Howard, who were roommates. Jessica answered the door
and told Wynn that Madison was not home and Howard was asleep. As
Wynn walked back towards his car, Williams told Jessica to call Wynn
back into the house because Wynn could identify them. Inside the
house, Williams held Wynn at gunpoint and handcuffed him.
Upon
orders from Williams, Jessica walked to a pay phone and called
William Dent for the purpose of luring him to the house. When Dent
arrived with Howard, Williams and his accomplices ambushed them and
forced them to lie down in the bathroom. Williams strangled Madison
and Wynn, and then instructed Jessica to turn up the stereo. Going
from room to room, Williams shot each of the four victims in the
head with Madison's gun.
The group left Madison's home but Williams, according to Jessica,
went back in “to make sure they were all dead”. Later, back at his
apartment, Williams embraced his juvenile accomplices and rewarded
them with drugs. He warned them not to tell anyone what they had
done or he would kill them.
The next day, September 2, 1991, Williams and Jessica were
driving down the street when another car rammed theirs and the
people in the other car shot at them. Jessica and Williams fled the
scene.
When they returned to the vicinity of the accident, officers
transported them to the Youngstown Police Department and later
released them after questioning them about the traffic accident.
Later that night, Williams, Jessica, Dominic, and Broderick fled to
Pennsylvania. They returned to the Youngstown area and parted
company.
On September 24, 1991, Dominic turned himself in, and gave a
statement about the murders. Later, officers arrested Jessica and
Broderick, and the latter also gave statements.
Following their
arrests, Jessica, Dominic, and Broderick were held at the Mahoning
County Juvenile Justice Center. Williams was later arrested in
connection with the murders.
On 10/15/91, shortly after being
arrested, he escaped from jail. While a fugitive from justice, a
Mahoning County Grand Jury indicted Williams on four counts of
aggravated murder, four counts of kidnapping, and one count of
aggravated burglary.
On January 12, 1992, Williams and two other accomplices, Paul R.
Keiper, Jr, and a juvenile named Eric Fields, appeared at the
Mahoning County Juvenile Justice Center.
The three deceived a
receptionist and were permitted to enter. Once inside, Williams held
the receptionist and a deputy sheriff hostage, demanding to see
Jessica, Dominic, and Broderick. After lengthy negotiations,
Williams surrendered to authorities.
At trial, Keiper testified that
Williams planned to kill the three juveniles because he knew that
they had made statements to the police regarding the murders. The
Mahoning County Grand Jury reindicted Mr. Williams on twelve counts
of aggravated murder, four counts of kidnapping, and one count of
aggravated burglary. In addition, each aggravated murder charge
included two felony murder death specifications and one death
specification for multiple murders.
The court transferred venue to Summit County. Jessica, Dominic,
and Broderick all entered into plea agreements with the Mahoning
County Prosecutor's Office. All three pled guilty to delinquency by
reason of complicity to aggravated murder, complicity to aggravated
burglary, and complicity to kidnapping. All three testified against
Williams. Williams had an extensive prior record of criminal
activity and arrests.
A jury convicted Williams on all counts and specifications. The
trial court merged the twelve aggravated murder counts into four and
the three specifications per count into a single multiple-murder
specification. Following the sentencing hearing, the jury
recommended death for each count of aggravated murder. The trial
judge sentenced Willie J. Williams to death, and the court of
appeals affirmed the sentence.
UPDATE: The Ohio Parole Board recommended that Gov. Bob Taft deny
clemency to a man who shot to death 3 alleged rivals and their
visitor in his Youngstown drug territory 14 years ago. "The
aggravating circumstance of a wanton, calculated, horrific, cold-blooded,
execution-style killing of four defenseless young men greatly
outweighs any proffer of mitigation," the board's unanimous report
said in the case of Willie Williams Jr. At a clemency hearing on
Monday, the men's relatives detailed how their deaths still hurt
their families.
A prosecutor said Williams deserved no mercy for
shooting the men in the head, and defense attorneys said their
client told them not to argue for it. The state pointed out several
factors in their oppostion to clemency: The brutality and magnitude
of the crime; four young men were shot in the head execution-style.
No mitigation exists in the offense itself; several of the victims
were lured to the residence prior to their murders, each was bound,
and Williams enlisted juveniles to accomplish his premeditated plan.
On each of the four Aggravated Murder counts, Williams was
convicted of three specifications; although merged by the trial
Court at sentencing, the establishment of a singe factor on a single
count was sufficient to impose a sentence of death. Williams has
never accepted responsibility for the heinous murders of four
individuals nor apologized for his callous actions. He is not asking
for clemency. The aggravating and mitigating circumstances
surrounding the crime were considered at trial, upheld throughout an
appellate process lasting twelve years, and affirmed by each
reviewing Court.
Williams, 48, is the first inmate to face death for such a large
one-day mass murder since Ohio resumed executions in 1999. He is
scheduled to die by lethal injection on Oct. 25. He has no remaining
appeals. Four days is the shortest time within the seven-day time
limit the board has reached a decision, prisons spokeswoman Andrea
Dean said. Taft can either accept the recommendation or change
Williams' sentence to life in prison without parole. Taft's legal
staff will review the report, spokesman Mark Rickel said.
National Coalition to Abolish the Death Penalty
Do Not Execute William James Williams Jr.!
OHIO - William James Williams Jr. - Oct. 25, 2005
William James Williams Jr., a black man, faces execution on Oct.
25, 2005 for the deaths of Alfonda Madison Sr., Eric Howard,
Theodore Wynn Jr., and William Dent in the home of Madison and
Howard on the morning of Sept. 2, 1991. Williams’s girlfriend,
Jessica Cherry, her brother, Dominic Cherry, and his friend,
Broderick Boone, all testified to their involvement in the deaths.
The three were tried as juveniles in exchange for their testimony
against Williams.
Williams raised a number of issues during his appeal to the
Supreme Court of Ohio that he believed should lead to a new trial.
Although the majority disagreed with Williams’ contentions, Justice
Moyer wrote a compelling dissent that was joined by Justice Pfeifer.
According to Moyer “the trial court failed to adequately protect
appellant Williams’s constitutional right to be tried before an
impartial jury.” Moyer states that “Vigilance is required to protect
the integrity of the jury from infirmities that may sap and
undermine it. Such infirmity is present in the composition of the
jury that sentenced Williams to death. I would therefore vacate the
conviction and sentence and grant Williams a new trial.”
The transcript of the prospective-juror-questioning clearly shows
evidence that the seated jurors may not have been impartial. John
Gombaski, later excused as a prospective juror, raised concerns that
other prospective jurors were concealing possible prejudice.
Gombaski explained that he was prejudiced by what he heard and
believes that others also heard what he did. Additionally, Gombaski
admitted to telling two other jurors what he heard. The trial judge
erred by not further investigating Gombaski’s statement.
Furthermore, the questioning of the prospective jurors plainly
confirms Williams’s contention that he was not protected from juror
bias in favor of the death penalty. Juror Eddleman was seated on the
jury regardless of her repeated statements that if parole was a
possibility she would automatically “go with the death sentence.” In
Williams’s case the choices of sentences were in fact various
lengths of life sentences, all including the possibility of parole,
or death. Undoubtedly Eddleman was biased in favor of the death
penalty in this case. Because William James Williams Jr. was not
tried by an impartial jury capable of sentencing him according to
the law he certainly should not be executed. As Moyer points out in
his dissent “This case represents a test for the criminal justice
system.” If Williams is executed, considering the problems with his
trial, the criminal justice system will have failed the test.
Please contact Gov. Bob Taft to request that William James
Williams Jr.’s execution be stopped.
Ohioans to Stop Executions
Petition to Commute the Death Sentence of Willie Williams
We the undersigned urge Governor Taft to commute the sentence of
Willie Williams. Mr. Williams is scheduled to be executed on October
25th , 2005.
“An evil deed is not redeemed by an evil deed of retaliation.
Justice is never advanced in the taking of human life. Morality is
never upheld by legalized murder” - Coretta Scott King
We deeply sympathize with the family and friends of the victims,
but we respectfully offer that another death will neither heal nor
resolve this tragedy. Action petitioned for: We, the undersigned,
are concerned citizens who urge our governor to act now to commute
the death sentence of Mr Williams scheduled for October 25, 2005.
Please return completed petitions to IJPC, 215 E 14th St.,
Cincinnati, OH 45202, phone: 513-579-8547, fax: 513-579- 0674, or
send directly to Governor Taft, 77 South High St., Columbus, OH
43215, fax: 614-466-9354. Thank you.
Finalities set before scheduled execution
At least 21 relatives
were to visit the condemned man
By Jeff Ortega - Youngstown Vindicator
October 25, 2005
LUCASVILLE — Condemned killer Willie Williams will be able to
meet with family members this morning, just hours before he is
scheduled to be put to death for the execution-style slayings of
four men in Youngstown in 1991 in what became known as the "Labor
Day Massacre."
Williams, 48, also known as "Flip," arrived at the Southern Ohio
Correctional Facility at 9:48 a.m. Monday from the Mansfield
Correctional Institution where he had been held, said Larry Greene,
an SOCF spokesman. Until his scheduled execution at 10 a.m. today,
Williams is expected to spend most of his time in a holding cell
just steps from the Death Chamber, where he is to die by lethal
injection, prison officials said. "He seems to be in a calm,
positive frame of mind," Greene said. "He is in good spirits."
Williams met with family in cell-front visits from about 2:30 to
4:30 p.m., Greene said. Williams was set to meet in so-called "contact
visits" — visits without any partition or barrier — from 4:30 to
7:30 p.m. Monday, Greene said. Prison officials said at least 21
family members were to meet with the convicted killer Monday. The
visitors included his mother, Joyce Williams, his sister, June
Williams, and various children and other family members, according
to prison officials. Williams was also to meet with a prison
spiritual or religious adviser, Greene said.
Taft denies clemency
Earlier Monday, Republican Gov. Bob Taft denied clemency for
Williams. Taft said he reviewed the material, including the report
from the Ohio Parole Board that urged the governor to deny clemency
for Williams. "Following a thorough review of the judicial opinions,
the report and the recommendation of the Ohio Parole Board,
recommendations from the Ohio Attorney General's Office and the
Mahoning County prosecutor's office and other relevant materials, I
can find no compelling reason to grant clemency," the governor said
in a statement.
Williams declined a "special meal," prison officials said. But he
will be allowed to eat whatever the prison serves for breakfast this
morning, they said. Williams will have access to a Bible and Quran
in his holding cell. Joe Wilhelm, Williams' lawyer and chief of the
death penalty section for the Ohio Public Defender's Office, said,
at his client's request, he will not attend the execution and that
no further legal fights are planned. "We discussed it and he
declined," Wilhelm said.
The process
Today, after Williams is prepared by the prison's execution team
and after he is led into the death chamber, three fluids will be
injected into his veins as the death sentence is carried out,
according to officials. First, prison officials said, sodium
pentothal will be injected to render Williams unconscious; then,
pancuronium bromide will be injected to stop his breathing; and
finally potassium chloride will be injected to stop his heart.
Prison officials were still trying to finalize late Monday who will
witness Williams' execution, representing both Williams and his
victims.
Recap of the crime
Williams, who authorities said used to control a major drug-trafficking
operation on Youngstown's North and East sides, was convicted in the
killing of William "Lamont" Dent, Alfonda "Al" R. Madison Sr. and
Eric Howard as part of what authorities say was a drug-related
dispute. Williams also was convicted of killing Theodore "Teddy"
Wynn Jr., who authorities say was an acquaintance of one of the
other victims. The four were found dead in a Youngstown home. Three
teen accomplices aided Williams, investigators said. Each victim was
killed with gunshots to the head, according to investigators.
After Williams' capture, he and other prisoners escaped from the
Mahoning County Jail, court records say. After months on the run,
Williams surrendered to authorities in early 1992 after he and other
accomplices armed with guns and explosives invaded the Mahoning
County Juvenile Justice Center. At the time, the JJC held the three
teen accomplices who were to testify against Williams, investigators
and court records say. In August 1993, a jury convicted Williams on
multiple charges including aggravated murder and sentenced him to
death. State and federal courts have upheld Williams' conviction and
death sentences.
Since 1999, Ohio has executed 17 men, state officials say. The
latest was Herman Dale Ashworth on Sept. 27. He was convicted of
aggravated murder in Licking County.
State to execute cocaine dealer who killed four men
Canton Repository
Tuesday,
October 25, 2005
LUCASVILLE, Ohio (AP) — With no legal obstacles remaining, the
state prepared to execute a former cocaine dealer convicted of
murdering four men in a bid to seize control of the drug trade in a
Youngstown housing project. Willie Williams Jr., 48, was to die by
injection Tuesday at the Southern Ohio Correctional Facility.
He was transferred to the prison from Mansfield Correctional
Institution on Monday and spent three hours visiting with some two
dozen friends and relatives, including his mother, a sister and a
son and daughter, a prison spokesman said. Williams opted not to
request the customary special dinner that condemned inmates are
allowed to choose before execution, said Larry Greene, an assistant
to Warden Edwin Voorhies Jr. Greene said Williams had asked only for
a cup of coffee. The prison system’s director of religious services
met with Williams, said Greene, who described Williams’ demeanor as
reserved but “positive.”
Saying Williams had shown no remorse for the slayings, Gov. Bob
Taft on Monday declined to commute the inmate’s sentence to life in
prison without parole, removing the last legal barrier to execution.
Williams had not asked for clemency and the Ohio Parole Board
earlier had unanimously recommended against it.
Prosecutors, police and court records depicted Williams as a
strongman in the Youngstown underworld. When the state of California
released him after a five-year sentence for cocaine trafficking,
Youngstown officials tried to block his return by asking California
officials to limit his probation to the West Coast. Upon his return
to Ohio, Williams walked into a police station asking for
information about some of his rivals, which he didn’t get.
Nevertheless, he managed to catch three of his rivals at home,
authorities said.
The three — William Dent, Alfonda Madison and Eric Howard — were
involved in drugs, police said. The fourth victim, Theodore Wynn,
was a recently discharged Air Force sergeant who was visiting
Madison and Howard. Two of the victims were strangled, and all were
shot in the head. Police arrested Williams soon after the Sept. 1,
1991, slayings, but he escaped from jail a month later. He was
recaptured three months after that when he took hostages in the
lobby of a juvenile lockup in what authorities said was an attempt
to kill three accomplices who cooperated with police against him.
The trial was moved from Mahoning County to Summit County, where
jurors convicted Williams of aggravated murder, kidnapping and
aggravated burglary. Williams’ trial attorney, J. Gerald Ingram,
said the judge didn’t adequately address concerns that some jurors
heard rumors about the case and some may have been worried about
courtroom security. Williams lost state court appeals in which his
lawyers claimed prosecutors were able to stack the jury with people
who favored the death penalty. Last year, a federal appeals court
declined to overturn those rulings, although a dissenting judge said
he would have thrown out the conviction because it appeared Williams’
right to an impartial jury had been violated.
Williams would be the third person to be put to death in Ohio
this year and the 18th since the state resumed executions in 1999.
Two more inmates are slated for execution next month.
Notorious felon finally caught, will be executed
By Thomas J. Sheeran -
Bowling Green News
Associated Press - October 24, 2005
YOUNGSTOWN, Ohio - In a city once called the nation's crime
capital, drug dealer Willie J. "Flip" Williams Jr. pictured himself
as a modern-day successor to the underworld bosses. Short but proud,
authorities say Williams brought a formidable persona to Youngstown’s
streets: smart, brash and vicious. A felon the city couldn’t ban,
he once walked into police headquarters, pronounced himself reformed
and asked for information on drug rivals, getting none.
Williams, 48, was convicted of aggravated murder, kidnapping and
aggravated burglary in the Sept. 1, 1991, slayings of three
suspected drug dealers and a fourth young man who had recently been
discharged from the Air Force. He is to be executed today by lethal
injection. State and federal appeals courts rejected Williams'
appeal of his conviction and death sentence. Williams did not ask
for clemency from Gov. Bob Taft.
The evidence against Williams included the eyewitness testimony
of three accomplices who pleaded guilty. In addition, when Williams
was arrested shortly after the deaths, a test showed he had recently
used a gun.
Williams escaped soon after his arrest and three months later
broke into a juvenile detention center, taking hostages before
surrendering with no one hurt. Police think he wanted to kill his
three cohorts for testifying against him. Williams was kept out of
the juvenile detention cell block when a quick-thinking employee, on
her fifth day on the job, lied to him, saying she didn’t have the
keys.
Williams, who turned down interview requests, earned notoriety at
a time of rising street violence in Youngstown, with drug dealers
flashing Uzi submachine guns and the murder rate ballooning.
Ohio Executes Cocaine Dealer for Killings
By Joe Danborn - Salon.com
Associated
Press - October 25, 2005
LUCASVILLE, Ohio -- A cocaine dealer was executed Tuesday for
killing four men in a bid to seize control of the drug trade in a
Youngstown housing project. Willie Williams Jr., 48, died by
injection at 10:20 a.m. at the Southern Ohio Correctional Facility.
Saying Williams had shown no remorse for the slayings, Gov. Bob
Taft on Monday refused to commute the inmate's sentence to life in
prison without parole. Williams did not ask for clemency and the
Ohio Parole Board unanimously recommended against it. He was the
third person to be put to death in Ohio this year and the 18th since
the state resumed executions in 1999. Two other inmates are slated
for execution next month.
Before Williams died, he winked and blew a kiss to his adult
daughter, Jameka, and thanked her and his brother and uncle for
being witnesses. "I'm not going to waste no time talking about my
lifestyle, my case, my punishment," he said. "Y'all stick together.
Don't worry about me. I'm OK."
Prosecutors, police and court records depicted Williams as a
strongman in the Youngstown underworld. When California released him
after a five-year sentence for cocaine trafficking, Youngstown
officials tried unsuccessfully to block his return by asking that
state to limit his probation to the West Coast. Williams' wanted to
be like the dons of the Youngstown underworld who had battled for
control of rackets as part of a feud between the Cleveland and
Pittsburgh mobs, authorities say. According to police and
prosecutors, he may have killed up to 10 other people but never was
charged.
He caught three of his rivals at home in September 1991,
authorities said. The fourth victim was visiting two of the others.
The victims were variously bound, shot and strangled, a coroner
ruled. Police arrested Williams soon after the slayings but he
escaped a month later. He was recaptured three months after that
when he took hostages at a juvenile lockup in what authorities said
was an attempt to kill three accomplices who had cooperated with
police against him.
Williams lost state court appeals in which his lawyers claimed
prosecutors were able to stack the jury with people who favored the
death penalty. A federal appeals court refused to overturn those
rulings last year.
Ohio executes brazen killer of drug-dealing rivals
Reuter News
October
25, 2005
COLUMBUS, Ohio (Reuters) - A drug dealer who murdered his rivals
and later broke into a juvenile jail to try to kill his accomplices
in that crime was put to death on Tuesday, Ohio prison officials
said. Willie "Flip" Williams, Jr., 48, did not ask for clemency and
died at 10:20 a.m. EDT after a lethal injection at the Southern Ohio
Correctional Facility in Lucasville. He turned down an offer of a
special meal the night before and had only a cup of coffee.
"I'm not going to waste no time talking about my lifestyle, my
case or punishment. Mom, you've been there for me from the beginning.
I love you. To my nieces, nephew and uncle I love you very much.
This ain't nothin', I'll be OK," he said just before he was put to
death.
Williams was the 988th inmate executed in the United States since
the death penalty was reinstated in 1976. It was the third execution
in Ohio this year and the 18th since the state resumed capital
punishment in 1999.
Williams had returned to his hometown of Youngstown in 1991 after
serving a prison stint in California for dealing cocaine and sought
to reclaim control of drug sales in a public housing project. In one
brazen move, Williams went to the local police station and tried
unsuccessfully to gain information about local drug dealers. In what
became known as the "Labor Day Massacre," Williams enlisted the help
of his 16-year-old girlfriend, her brother and a friend to set up
the three men who had taken over the drug trade. William Dent,
Alfonda Madison and Eric Howard were bound, along with a friend who
came to visit, recently discharged Air Force Sgt. Theodore Wynn, and
Williams strangled or shot them, prosecutors said.
Shortly after his arrest as a suspect in the murders, Williams
and a group of other inmates escaped from a county jail. A few
months later, he broke into a juvenile jail where his three
accomplices in the quadruple murder were being held, apparently
intending to kill them because they had cooperated with police.
Williams took a guard and a receptionist hostage but was unable to
get in and eventually surrendered peacefully.
The state's parole board described the murders of the four men as
"wanton, calculated, horrific, cold-blooded."
Williams "did not request executive clemency and has shown no
remorse for his crimes," Ohio Gov. Bob Taft said in ordering the
execution to proceed.
Condemned killer saw himself as a gangland don
Ohio News Network
YOUNGSTOWN, Ohio -- In a city once called the nation's crime
capital, drug dealer Willie J. "Flip" Williams Jr. pictured himself
as a modern-day successor to the underworld bosses. Short but proud,
authorities say Williams brought a formidable persona to
Youngstown's streets: smart, brash and vicious. A felon the city
couldn't ban, he once walked into police headquarters, pronounced
himself reformed and asked for information on drug rivals, getting
none.
Williams, 48, was convicted of aggravated murder, kidnapping and
aggravated burglary in the Sept. 1, 1991, slayings of three
suspected drug dealers and a fourth young man who had recently been
discharged from the Air Force. He is to be executed Tuesday by
lethal injection. State and federal appeals courts rejected Williams'
appeal of his conviction and death sentence. Williams did not ask
for clemency from Gov. Bob Taft.
The evidence against Williams included the eyewitness testimony
of three accomplices who pleaded guilty. In addition, when Williams
was arrested shortly after the deaths a test showed he had recently
used a gun. Williams escaped soon after his arrest and three months
later broke into a juvenile detention center, taking hostages before
surrendering with no one hurt. Police think he wanted to kill his
three cohorts for testifying against him. Williams was kept out of
the juvenile detention cellblock when a quick-thinking employee, on
her fifth day on the job, lied to him, saying she didn't have the
keys.
Williams, who turned down interview requests, earned notoriety at
a time of rising street violence in Youngstown, with drug dealers
flashing Uzi submachine guns and the murder rate ballooning. "This
was a big fish. It's very unusual for you to get somebody on the top
of the food chain," said Kenneth Bailey, who handled the Williams
trial in Akron as a Mahoning County prosecutor and now works in the
Trumbull County prosecutor's office.
Youngstown police detective William Blanchard thinks the top was
always where Williams wanted to be seen. Williams' short stature _
about 5 feet, 6 inches _ made him aspire to seem bigger, Blanchard
said. Williams' role models were the dons of the Youngstown
underworld who had battled for control of rackets as part of a feud
between the Cleveland and Pittsburgh mobs. "He wanted to be the
black Joey Naples," the city's one-time crime boss, Bailey said.
According to Bailey and Blanchard, Williams may have killed up to
10 other people in his career but never was charged. Williams
typically would insist that his buddies also shoot a victim to make
sure they were equally responsible, they said. Williams had a
criminal record before he turned 18. He later was sentenced to five
years in prison in California for cocaine trafficking and, upon
release, decided to return to Youngstown. The city tried and failed
to block his return by asking California to limit his parole to the
West Coast.
Williams' request to the police chief for information to "get
these guys" dealing drugs amounted to asking for police intelligence
on his drug rivals, said Blanchard, laughing at the brazen tactic.
Police said Williams used trusted associates to gather his top
rivals, including William Dent, 23, Alfonda Madison, 21, and Eric
Howard, 20. The fourth victim, 23-year-old Air Force veteran
Theodore Wynn of nearby Coitsville, was visiting Madison and Howard.
The victims were variously bound, shot and strangled, the coroner
ruled.
Police at first said all four victims had been dealing drugs.
Authorities backed off that contention, but the extra hurt had been
done, Wynn's parents said. "What we're looking for is closure," said
Theodore Wynn Sr., 65, a retired postmaster. His wife, Donna, 62,
nodded in agreement. Their other children, Monica, 39, and Jason,
31, whose goal was to serve in the Air Force alongside his brother,
also plan to witness the execution at the Southern Ohio Correctional
Facility.
Williams' defense attorney, J. Gerald Ingram, said Williams
didn't get a fair trial because the judge didn't adequately respond
to allegations that some jurors heard rumors about the case.
Williams claimed there was insufficient evidence to convict him and
said prosecution witnesses were inconsistent and biased. The defense
also said testimony about the juvenile detention center hostage-taking
should have been excluded from the murder trial. The Ohio Supreme
Court said the hostage-taking showed Williams wanted to kill his
accomplices _ an indication that Williams was aware of his guilt.
Ingram described Williams as polite, cooperative, likable and
smart enough to submit questions to his attorneys during trial
testimony.
Williams' relatives _ his mother, Joyce; a sister; and a son and
daughter _ couldn't be contacted. Ingram said he didn't know how to
reach them. The only phones listed in Youngstown under the name
Joyce Williams are unpublished. At the time of his surrender, Joyce
Williams was supportive of her son. "He's my child and I love him.
I'll go down with him to the end," she told reporters. "He's going
to face it like a man, very stoic," Bailey, the prosecutor,
predicted of Williams' final moments. "With honor and dignity,"
Ingram agreed.
State v. Williams, 79 Ohio St.3d 1, 679 N.E.2d 646,
(Ohio 1997). (Direct Appeal)
Defendant was convicted in the Court of Common Pleas, Summit
County, of 12 counts of aggravated murder, four counts of kidnapping,
and one count of aggravated burglary with each aggravated murder
charge including two felony-murder death specifications and one
death specification for multiple murder. Defendant appealed. The
Court of Appeals Slaby, J., affirmed. Defendant appealed as of right.
The Supreme Court, Lundberg Stratton, J., held that: (1) defendant
failed to establish any juror misconduct; (2) defendant was not
entitled to challenge for cause a prospective juror on ground that
she was overly concerned about possibility of parole; (3) denial of
defendant's challenges for cause were not an abuse of discretion;
(4) evidence sustained convictions; (5) other acts evidence was
admissible; (6) officer had probable cause to arrest defendant; (7)
accomplice's motion to suppress his statements in connection with
arrest and investigation into murders was not admissible; (8) grand
jury commissioners' failure to file a certified duplicate of jury
list with clerk's office did not materially affect a substantial
right of defendant and did not require reversal; and (9) mitigating
factors did not outweigh aggravating facts with respect to death
penalty. Affirmed. Douglas, J., concurred in the judgment only.
Moyer, C.J., filed a dissenting opinion in which Pfeifer, J.,
concurred.
Defendant-appellant, William J. Williams, Jr., controlled the
drug trafficking at the Kimmelbrooks housing project in east
Youngstown, Ohio. After an extended absence from the area, appellant
returned to find that Alfonda R. Madison, Sr., William L. Dent, Eric
Howard, and others had taken over the drug trade at the Kimmelbrooks
project. Appellant wanted to regain control of the drug business, so
he decided to rob and kill Madison and the others.
Appellant had three juvenile accomplices: his sixteen-year-old
girlfriend, Jessica M. Cherry; her sixteen- or seventeen-year-old
brother, Dominic M. Cherry; and Dominic Cherry's seventeen-year-old
"cousin" (i.e., best friend), Broderick Boone. On August 27, 1991,
the appellant bought walkie-talkies at a Radio Shack store. The
devices had a combined microphone-earphone earpiece that left the
user's hands free. The appellant also bought batteries and duct
tape. The appellant, Dominic, and Broderick later tested the walkie-talkies.
Before the murders, the appellant outlined his plan to his three
accomplices. During this meeting, the appellant drew interior and
exterior diagrams of Madison's house. The appellant later ordered
Dominic to burn these, but Dominic burned only one diagram. In
addition, the appellant supplied each accomplice with a gun. The
appellant purchased Jessica's gun from a neighbor.
On September 1, 1991, Jessica met with Madison and discussed a
drug deal. Later that night, the appellant and his three accomplices
arrived at Madison's home by car. The appellant armed the three
juvenile accomplices with guns and a walkie-talkie and sent them
inside, while he waited outside with a walkie-talkie.
Once inside,
the three accomplices drew their guns on Madison. Then, after
receiving word via walkie-talkie that the situation was secure, the
appellant, armed with a semiautomatic, entered the house carrying a
duffel bag containing handcuffs, duct tape, and gloves. Inside, the
appellant handcuffed and bound Madison and put tape over his mouth.
Thirty to forty-five minutes later, Theodore Wynn, Jr., a
recently discharged Air Force sergeant, came to the door, looking
for Madison and Howard, who were roommates. Jessica answered the
door and told Wynn that Madison was not home and Howard was asleep.
As Wynn walked back towards his car, the appellant told Jessica to
call Wynn back into the house because Wynn could identify them.
Inside the house, the appellant held Wynn at gunpoint and handcuffed
him.
Upon the appellant's orders, Jessica walked to a pay phone and
called and asked for Dent for the purpose of luring him to the house.
When Dent arrived with Howard, the appellant and his accomplices
ambushed them and forced them to lie down in the bathroom. The
appellant strangled Madison and Wynn, and then instructed Jessica to
turn up the stereo. Going from room to room, the appellant shot each
of the four victims in the head with Madison's gun.
The group left Madison's home, but the appellant, according to
Jessica, went back in "to make sure they were all dead." Later, back
at the appellant's apartment, he embraced his juvenile accomplices
and rewarded them with drugs. The appellant warned them not to tell
anyone what they had done or he would kill them.
The next day, September 2, 1991, the appellant and Jessica were
driving to pick up appellant's son in Youngstown when another car
rammed theirs and the people in the other car shot at them. Jessica
and the appellant fled the scene.
When Jessica and the appellant
returned to the vicinity of the accident, officers transported them
to the Youngstown Police Department and later released them after
questioning them about the traffic accident. Later that night, the
appellant, Jessica, Dominic, and Broderick fled to **651
Pennsylvania. The appellant and the three juveniles returned to the
Youngstown area and parted company.
On September 24, 1991, Dominic turned himself in, and gave a
statement about the murders. Later, officers arrested Jessica and
Broderick, and the latter also gave statements. Following their
arrests, Jessica, Dominic, and Broderick were held at the Mahoning
County Juvenile Justice Center ("JJC").
The appellant was arrested in connection with the murders.
Shortly after being arrested, he escaped from jail on October 15,
1991. While the appellant remained a fugitive from justice, a
Mahoning County Grand Jury indicted him on four counts of aggravated
murder, four counts of kidnapping, and one count of aggravated
burglary.
On January 12, 1992, the armed appellant and two other
accomplices, Paul R. Keiper, Jr., and a juvenile named Eric Fields,
appeared at the JJC. The three deceived a receptionist and were
permitted to enter. Once inside, the appellant held the receptionist
and a deputy sheriff hostage, demanding to see Jessica, Dominic, and
Broderick. After lengthy negotiations, the appellant surrendered to
authorities. At trial, Keiper testified that the appellant planned
to kill the three juveniles because he knew that they had made
statements to the police regarding the murders.
The Mahoning County Grand Jury reindicted the appellant on twelve
counts of aggravated murder, four counts of kidnapping, and one
count of aggravated burglary. In addition, each aggravated murder
charge included two felony-murder death specifications and one death
specification for multiple murder. On the appellant's motion, the
court transferred venue to Summit County.
A jury convicted the appellant on all counts and specifications.
The trial court merged the twelve aggravated murder counts into four
and the three specifications per count into a single multiple-murder
specification. Following the sentencing hearing, the jury
recommended death for each aggravated murder. The trial judge
sentenced the appellant to death, and the court of appeals affirmed.
The cause is now before this court upon an appeal as of right.
James A. Philomena, Mahoning County Prosecuting Attorney, and
Michele G. Cerni, Assistant Prosecuting Attorney, for appellee. John
Juhasz and Mary Jane Stephens, Youngstown, for appellant.
LUNDBERG STRATTON, Justice.
We have reviewed the appellant's nine propositions of law,
independently weighed the evidence relating to the death sentence,
balanced the aggravating circumstance against the mitigating factors,
and compared the sentence to those imposed in similar cases. As a
result, we affirm the convictions and sentences of death.
* * *
In Proposition of Law III, the appellant argues that his
convictions were not supported by sufficient evidence and that the
verdict was against the manifest weight of the evidence. In our
review of the evidence, our standard is "whether, after viewing the
evidence in a light most favorable to the prosecution, any rational
trier of fact could have found the essential elements of the crime
proven beyond a reasonable doubt." State v. Jenks (1991), 61 Ohio St.3d
259, 574 N.E.2d 492, paragraph two of the syllabus, following
Jackson v. Virginia (1979), 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d
560. After a thorough review of the evidence, we find it to be
sufficient.
The appellant's accomplices in the murders all testified against
him at trial. The appellant challenges their testimony as
inconsistent, inaccurate, and biased due to their plea agreements
with the state. All three testified that they saw the appellant
shoot Dent and Howard. None of the accomplices saw the appellant
shoot Wynn, but all three saw the appellant walk into the bedroom
where Wynn was held, and all three then heard a shot.
Jessica testified that she saw the appellant strangling Madison
in the kitchen. Later, Jessica heard the appellant say that he was
going to kill Madison, saw him enter the kitchen where he was
restraining Madison, heard the appellant say to Madison, "I'll see
you in hell," and heard a gunshot. Jessica testified that the
appellant told her to turn up the stereo to drown out the shots.
During the planning stages, Broderick heard the **656 appellant
state his plan to kill Madison. During the murders, Broderick, who
was guarding Wynn in the bedroom, also heard the appellant shoot
Madison. Dominic testified that he saw the appellant walk into the
kitchen area and shoot Madison in the back of the head.
This testimony, if believed, was enough by itself to convict.
Further, the events that occurred on the evening of January 12, 1992
at the Mahoning County Juvenile Justice Center are strong evidence
of the appellant's guilt. After the appellant escaped from the
Mahoning County Jail, he purchased a police uniform, armed himself,
and used deception to gain entry to the JJC, allegedly with the
intent to kill his three juvenile accomplices to the murders.
Paul
Keiper, one of the appellant's accomplices on January 12, testified
that the appellant told him that he planned to kill the three
juveniles. Further, Jerome E. Gibson, a fellow prisoner while the
appellant was awaiting trial at the Summit County Jail, testified
that the appellant told him he had intended to kill his three
juvenile accomplices with "explosives and guns" at the JJC. Physical
evidence included duct tape and electrical cord recovered from the
victims, the recovered murder weapon, slugs removed from the victims,
and spent shell casings.
While it is true that there were inconsistencies in the testimony
of the three juvenile witnesses, this evidence must be viewed in the
light most favorable to the state. This court will not resolve
evidentiary conflicts or determine credibility. State v. Waddy
(1992), 63 Ohio St.3d 424, 430, 588 N.E.2d 819, 825.
The jurors had
the opportunity to fully observe and hear the testimony of each
witness. The defense pointed out inconsistencies in their testimony
during cross-examination and in closing argument. It was up to the
jurors to weigh these inconsistencies and assess the witnesses'
credibility. When all the evidence is viewed in the light most
favorable to the prosecution, the jury could reasonably have found
the evidence sufficient to prove beyond a reasonable doubt that the
appellant committed the crimes charged. Accordingly, we reject
Proposition of Law III.
The appellant
pled guilty before trial to an escape from the Mahoning County Jail
and to the unlawful entry into the JJC. At trial, the prosecution
introduced evidence about the appellant's armed entry into the JJC.
In Proposition of Law IV, the appellant argues that this evidence
violated Evid.R. 404(B) because the evidence was not needed to prove
motive or intent and because it was offered solely to inflame the
jury and to bolster the credibility of the three juvenile witnesses.
Further, the appellant argues that the evidence should have been
excluded under Evid.R. 403(A) because the prejudicial impact
substantially outweighed its probative value. Ohio Evid.R. 404(B)
provides:
"Evidence of other crimes, wrongs, or acts is not admissible to
prove the character of a person in order to show that he acted in
conformity therewith. It may, however, be admissible for other
purposes, such as proof of motive, opportunity, intent, preparation,
plan, knowledge, identity, or absence of mistake or accident."
Other acts may prove identity by "establishing a modus operandi
applicable to the crime with which a defendant is charged." State v.
Lowe (1994), 69 Ohio St.3d 527, 531, 634 N.E.2d 616, 619. In this
case, the incident at the JJC is evidence of modus operandi. It
established a "behavioral fingerprint" linking the appellant to the
crime due to the common features shared by both events. Id.
In both
instances, the appellant sent others into the building first to
create a diversion and to hold the victims at gunpoint, while the
appellant waited outside until his accomplices had secured the
situation. In both instances, he used at least one juvenile
accomplice. In both instances, the appellant dressed in dark
clothing from head to toe and wore a mask and gloves.
In both
instances, the appellant carried automatic firearms. In both
instances, the appellant handcuffed some of his victims' hands
behind their backs and confined them in the bathroom. These examples
demonstrate a similar **657 method of operation, thereby
establishing identity.
Further, we find that the evidence of the appellant's entry into
the JJC showed the appellant's intent to kill the three juvenile
witnesses. Evidence of conduct designed to impede or prevent a
witness from testifying is admissible as showing consciousness of
guilt. See, e.g., United States v. Cirillo (C.A.2, 1972), 468 F.2d
1233, 1240; 2 Wigmore, Evidence (Chadbourn Rev.1979) 133, Section
278. The three juveniles were the only eyewitnesses to the crime.
The appellant had discovered that the three juveniles had agreed to
testify against him. The appellant had told at least two persons,
Keiper and Gibson, that he planned to kill the juveniles.
Thus, evidence of the incident at the JJC was admissible to show
consciousness of guilt. " 'It is today universally conceded that the
fact of an accused's flight, escape from custody, resistance to
arrest, concealment, assumption of a false name, and related conduct,
are admissible as evidence of consciousness of guilt, and thus of
guilt itself.' " State v. Eaton (1969), 19 Ohio St.2d 145, 160, 48
O.O.2d 188, 196, 249 N.E.2d 897, 906, vacated on other grounds
(1972), 408 U.S. 935, 92 S.Ct. 2857, 33 L.Ed.2d 750, quoting 2
Wigmore, Evidence (3 Ed.) 111, Section 276.
In addition, the appellant argues that it was error for the trial
court to refuse to give a limiting instruction. However, because the
entry into the JJC presented substantive evidence of modus operandi
and consciousness of guilt, we do not find that the court was
required to give a limiting instruction. Finally, we find *12 that
the probative value substantially outweighs the danger of unfair
prejudice, confusion of the issues, or misleading the jury pursuant
to Evid.R. 403(A) and State v. Morales (1987), 32 Ohio St.3d 252,
258, 513 N.E.2d 267, 274. Accordingly, we reject Proposition of Law
IV.
Williams v. Bagley, 380 F.3d 932 (6th Cir. 2004)
(Habeas)
Background: Following affirmance of his aggravated murder
conviction and death sentence, 679 N.E.2d 646, the United States
District Court for the Northern District of Ohio, James Gwin, J.,
denied petitioner's application for habeas relief, and petitioner
appealed.
Holdings: The Court of Appeals, Rogers, Circuit Judge, held that:
(1) Ohio courts did not unreasonably determine that juror was not
biased;
(2) court did not render petitioner's trial fundamentally unfair
when it denied petitioner's request to reexamine juror on voir dire
regarding whether juror lied in response to the trial court's
question about her "knowledge" of the case;
(3) petitioner procedurally defaulted most of his theories of
prosecutorial misconduct; and
(4) petitioner's appellate counsel was not deficient for failing to
raise the procedurally-defaulted claims on his direct appeal.
Affirmed. Merritt, Circuit Judge, filed dissenting opinion.
ROGERS, Circuit Judge.
An Ohio jury convicted the petitioner, William J. Williams, Jr., of
four counts of aggravated murder, and, on the jury's recommendation,
the trial court sentenced Williams to death. After unsuccessfully
challenging his convictions and sentence on direct appeal and in
state post-conviction proceedings, Williams filed a petition for a
writ of habeas corpus, which set forth twenty-four claims for relief,
in the United States District Court for the Northern District of
Ohio. The district court denied Williams's petition, finding that
Williams had procedurally defaulted the majority of his claims and
rejecting the balance of his claims on the merits. However, it
issued Williams a certificate of appealability for all claims, and
Williams's appeal is now before the court. For the following reasons,
we affirm the judgment of the district court.
BACKGROUND
I. THE MURDERS.
The Ohio Supreme Court made the following factual findings on
direct review: Williams controlled the drug trafficking at the
Kimmelbrooks housing project in east Youngstown, Ohio. After an
extended absence from the area, Williams returned to find that
Alfonda R. Madison, Sr., William L. Dent, Eric Howard, and others
had taken over the drug trade at the Kimmelbrooks project. Williams
wanted to regain control of the drug business, so he decided to rob
and kill Madison and others.
Williams had three juvenile accomplices: his sixteen-year-old
girlfriend Jessica M. Cherry; her sixteen- or seventeen-year-old
brother, Dominic M. Cherry; and Dominic Cherry's seventeen-year-old
"cousin" (i.e., best friend), Broderick Boone. On August 27, 1991,
Williams bought walkie-talkies at a Radio Shack store. The devices
had a combined microphone-earphone earpiece that left the user's
hands free. Williams also bought batteries and duct tape. Williams,
Dominic, and Broderick later tested the walkie-talkies.
Before the murders, Williams outlined his plan to his three
accomplices. During this meeting, Williams drew interior and
exterior diagrams of Madison's house. Williams later ordered Dominic
*938 to burn these, but Dominic burned only one diagram. In addition,
Williams supplied each accomplice with a gun. Williams purchased
Jessica's gun from a neighbor.
On September 1, 1991, Jessica met with Madison and discussed a
drug deal. Later that night, Williams and his three accomplices
arrived at Madison's home by car. Williams armed the three juvenile
accomplices with guns and a walkie-talkie and sent them inside,
while he waited outside with a walkie-talkie.
Once inside, the three
accomplices drew their guns on Madison. Then, after receiving word
via walkie-talkie that the situation was secure, Williams, armed
with a semiautomatic, entered the house carrying a duffel bag
containing handcuffs, duct tape, and gloves. Inside, Williams
handcuffed and bound Madison and put tape over his mouth.
Thirty to forty-five minutes later, Theodore Wynn, Jr., a
recently discharged Air Force sergeant, came to the door, looking
for Madison and Howard, who were roommates. Jessica answered the
door and told Wynn that Madison was not home and Howard was asleep.
As Wynn walked back towards his car, Williams told Jessica to call
Wynn back into the house because Wynn could identify them.
Inside
the house, Williams held Wynn at gunpoint and handcuffed him. Upon
William's orders, Jessica walked to a pay phone and called and asked
for Dent for the purpose of luring him to the house. When Dent
arrived with Howard, Williams and his accomplices ambushed them and
forced them to lie down in the bathroom. Williams strangled Madison
and Wynn, and then instructed Jessica to turn up the stereo. Going
from room to room, Williams shot each of the four victims in the
head with Madison's gun.
The group left Madison's house, but Williams, according to
Jessica, went back in "to make sure they were all dead." Later, back
at Williams's apartment, he embraced his juvenile accomplices and
rewarded them with drugs. Williams warned them not to tell anyone
what they had done or he would kill them.
The next day, September 2, 1991, Williams and Jessica were
driving to pick up Williams's son in Youngstown when another car
rammed theirs and the people in the other car shot at them. Jessica
and Williams fled the scene. When Jessica and Williams returned to
the vicinity of the accident, officers transported them to the
Youngstown Police Department and later released them after
questioning them about the traffic accident.
Later that night, Williams, Jessica, Dominic, and Broderick fled
to Pennsylvania. Williams and the three juveniles returned to the
Youngstown area and parted company. On September 24, 1991, Dominic
turned himself in, and gave a statement about the murders. Later,
officers arrested Jessica and Broderick, and the latter also gave
statements. Following their arrests, Jessica, Dominic, and Broderick
were held at the Mahoning County Juvenile Justice Center ("JJC").
Williams was arrested in connection with the murders. Shortly
after being arrested, he escaped from jail on October 15, 1991.
While Williams remained a fugitive from justice, a Mahoning County
Grand Jury indicted him on four counts of aggravated murder, four
counts of kidnapping, and one count of aggravated burglary.
On January 12, 1992, the armed Williams and two other accomplices,
Paul R. Keiper, Jr., and a juvenile named Eric Fields, appeared at
the JJC. The three deceived a receptionist and were permitted to
enter. Once inside, *939 Williams held the receptionist and a deputy
sheriff hostage, demanding to see Jessica, Dominic, and Broderick.
After lengthy negotiations, Williams surrendered to authorities. At
trial, Keiper testified that Williams planned to kill the three
juveniles because he knew they had made statements to the police
regarding the murders.
Jessica, Dominic, and Broderick all entered into plea agreements
with the Mahoning County Prosecutor's Office. All three pled guilty
to delinquency by reason of complicity to aggravated murder,
complicity to aggravated burglary, and complicity to kidnapping. All
three testified against Williams. State v. Williams, 79 Ohio St.3d
1, 679 N.E.2d 646, 650-51 (1997). [FN1]
II. PROCEDURAL HISTORY.
While Williams was a fugitive, a Mahoning County Grand Jury
returned a nine count indictment against Williams. After his
capture, a Mahoning County Grand Jury returned a superseding
indictment charging Williams with twelve counts of aggravated murder,
four counts of kidnapping, and one count of aggravated burglary.
Each of the aggravated murder counts included a pair of felony-murder
specifications and a multiple-murder specification, which rendered
Williams eligible for the death penalty. See Ohio Rev.Code Ann. §
2929.04(A) (Anderson 2003).
Williams entered a plea of not guilty to all charges and
specifications. On Williams's motion, the trial court transferred
venue from Mahoning County to Summit County. At the guilt phase of
his trial, the jury found Williams guilty of all charges and
specifications. On Williams's motion, the trial court merged the
twelve aggravated murder counts into four counts and the three
specifications per count into a single multiple-murder specification
per count. At the penalty phase of his trial, the jury recommended a
sentence of death for each count of aggravated murder, and the trial
court adopted this recommendation. [FN2] Additionally, the trial
court sentenced Williams for the kidnapping and aggravated burglary
convictions.
FN2. Under Ohio's capital punishment scheme, a jury must
recommend a sentence of death if it finds, by proof beyond a
reasonable doubt, that the aggravating circumstances the offender
was found guilty of committing outweigh the mitigating factors. Ohio
Rev.Code Ann. § 2929.03(D)(2) (Anderson 2003). If the jury
recommends a sentence of death, the trial court must independently
review the evidence. If it finds, beyond a reasonable doubt, that
the aggravating circumstances outweigh any mitigating factors, the
trial court must impose a sentence of death. Id. § 2929.03(D)(3)
Williams appealed, raising nine assignments of error. [FN3] On
November 1, 1995, the Ohio Court of Appeals affirmed the judgment
and sentence of the trial court. In addition to overruling
Williams's assignments of error, the court concluded that the
aggravating circumstances outweighed the mitigating factors and that
Williams's sentence was not disproportionate to the death sentences
imposed in similar cases. [FN4]
On June 11, 1997, the Ohio Supreme Court *940 affirmed the
judgment of the Ohio Court of Appeals. In addition to rejecting
Williams's propositions of law, the court concluded that the
aggravating circumstances outweighed the mitigating factors and that
Williams's sentence was neither excessive nor disproportionate when
compared to the sentences imposed in similar cases. On January 12,
1998, the United States Supreme Court denied Williams's petition for
writ of certiorari.
FN3. Specifically, he raised the following issues: (1) juror
misconduct; (2) denial of challenges for cause to "automatic death
penalty" jurors; (3) sufficiency of the evidence; (4) admission of "other
acts" evidence; (5) prosecutorial misconduct; (6) denial of motion
to suppress the results of an "atomic absorption" test; (7)
limitations on cross-examination of Dominic Cherry; (8)
constitutionality of Ohio's capital punishment scheme; and (9)
denial of motion to quash the indictment due to irregularities in
the selection of the grand jury.
FN4. Under Ohio's capital punishment scheme, the Ohio Court of
Appeals and the Ohio Supreme Court each must independently review
the record and "determine whether the aggravating circumstances the
offender was found guilty of committing outweigh the mitigating
factors in the case, and whether the sentence of death is
appropriate." Ohio Rev.Code Ann. § 2929.05(A) (Anderson 2003). In
determining whether a sentence of death is appropriate, the courts
must consider "whether the sentence is excessive or disproportionate
to the penalty imposed in similar cases." Id.
Williams fared no better in state post-conviction proceedings. On
September 20, 1996, Williams filed his Petition to Vacate or Set
Aside Sentence, which set forth a single cause of action challenging
the constitutionality of Ohio's capital punishment scheme, in the
Ohio Court of Common Pleas. The matter sat dormant until October 20,
1998, when the state filed a motion for leave to respond to
Williams's petition. The court granted the motion, finding that the
state had not received proper notice of the petition.
On October 29, 1998, the state moved for summary judgment,
arguing that Williams's sole claim was barred by the doctrine of res
judicata. In his response, which was filed on November 19, 1998,
Williams ignored the constitutional issue raised in his petition and
instead requested leave to amend his petition. He claimed that he
was attempting to interview his accomplices, who had testified
against him at trial, and that he expected Jessica Cherry to recant
her original testimony.
On December 15, 1998, the court denied Williams's petition. It
held that the doctrine of res judicata barred Williams's
constitutional challenge to Ohio's capital punishment scheme.
Further, it denied Williams a hearing on his actual innocence claim
on the ground that he had not presented any affidavits or other
evidence supporting his contention that his accomplices intended to
recant their testimony.
On December 24, 1998, Williams filed a motion requesting
permission to interview Broderick Boone, one of his accomplices, who
was then incarcerated. On the same day, Williams filed a motion
requesting that the court reconsider and vacate its order denying
his petition, arguing that he needed time to interview his
accomplices. On January 5, 1999, the court denied both motions.
Williams appealed to the Ohio Court of Appeals, contending that
the Court of Common Pleas had abused its discretion by denying his
request for a court order permitting an interview of Broderick Boone
and by refusing to permit him to amend his petition.
On November 17, 1999, the court affirmed the judgment of the
Court of Common Pleas. On February 16, 2000, the Ohio Supreme Court
declined jurisdiction over Williams's appeal, finding that it did
not involve any substantial constitutional questions. On October 2,
2000, the United States Supreme Court denied Williams's petition for
writ of certiorari.
On August 18, 2000, Williams filed a Notice of Intent to File
Habeas Corpus Petition in the United States District Court for the
Northern District of Ohio. Counsel was appointed, and, on January
31, 2001, Williams filed his Petition for a Writ of Habeas Corpus,
which raised 24 claims for relief. [FN5]
On February 20, 2001, *941 Williams filed a motion to conduct
discovery pursuant to Rule 6 of the Rules Governing Section 2254
Cases. On June 22, 2001, the district court denied Williams's motion,
holding that Williams had not demonstrated "good cause" entitling
him to discovery. On April 12, 2002, the district court denied
Williams's petition. It held that Williams had procedurally
defaulted the majority of his claims and that the balance of his
claims lacked merit. The district court also denied Williams's
request for an evidentiary hearing, finding that no material factual
dispute made such a hearing necessary. On the same day, the district
court denied Williams a certificate of appealability. However, on
April 15, 2002, the district court amended its April 12 order and
issued Williams a certificate of appealability. Williams filed a
timely notice of appeal.
FN5. Williams raised the following issues in his petition: (1)
juror bias; (2) retention of "automatic death penalty" jurors; (3)
improper dismissal of jurors; (4) Batson claim; (5) ineffective
assistance of counsel at the guilt phase of trial; (6) prosecutorial
misconduct; (7) Brady violations; (8) denial of right to experts;
(9) various errors by trial court; (10) admission of crime-scene
photographs; (11) lack of a complete transcript of proceedings; (12)
cumulative error; (13) ineffective assistance at the penalty phase
of trial; (14) ineffective assistance of appellate counsel; (15)
improper aggravating circumstances; (16) omission of mitigation
evidence at the penalty phase of trial; (17) improper jury
instruction on sympathy at the penalty phase; (18) lack of
meaningful proportionality review; (19) improper standards of review
employed by the Ohio appellate courts; (20) lack of adequate state
post-conviction procedures; (21) constitutionality of Ohio's capital
punishment scheme; (22) aggravating factors did not outweigh
mitigating factors; (23) allocation to the defendant of the burden
of production for mitigating evidence during the penalty phase; and
(24) failure of Ohio's capital punishment scheme to narrow the class
of persons eligible for the death penalty.
* * *
CONCLUSION
Based on our review of the record, the briefs, and the earlier
opinions in this case, and our consideration of oral argument, we
conclude that Williams has not established a claim for habeas corpus
relief. We further conclude that the district court did not abuse
its discretion in denying Williams's requests for discovery and an
evidentiary hearing. We therefore AFFIRM the judgment of the
district court.
MERRITT, Circuit Judge, dissenting.
I would issue the writ of habeas corpus because the jury selection
process violated Williams' right to an "impartial jury" under the
Sixth Amendment, as explained by Chief Justice Moyer in his
dissenting opinion in the Ohio Supreme Court in this case.