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Spencer Corey
GOODMAN
Robbery
SPENCER COREY GOODMAN SCHEDULED
TO BE EXECUTED
AUSTIN - Friday, January 14, 2000 - Texas
Attorney General John Cornyn offers the following information on
Spencer Corey Goodman who is scheduled to be executed after 6 p.m.,
Tuesday, January 18th:
FACTS OF THE CRIME
Cecile Ham left her Houston residence at
approximately 1:20 p.m., July 2, 1991. A friend at the residence
expected her to return, but she did not return, and she was reported
missing the next day.
At the time of her disappearance, Ham was 48
years old, approximately five feet three inches in height, and
approximately 130 pounds in weight. She owned a red 1991 Cadillac
automobile.
On August 7, 1991, a deputy sheriff in Eagle
County, Colorado, arrested Spencer Corey Goodman after a high-speed
automobile chase through the Colorado mountains.
Goodman surrendered
to the deputy only after driving Ham's Cadillac over a low cliff and
wrecking it. Shortly thereafter, Goodman gave a written statement,
which read in relevant part:
On July 1, 1991, I was released from the old
Bexar County Jail where I was being held [at a ] Wackenhut Parole
Violators Facility. I was given a bus ride back to Houston, Texas by
Wackenhut and dropped off on the east side of town at 9:30 a.m. I
was given my papers to report to Texas House at 5:30 p.m. that
night. Instead of going to the halfway house I started walking west.
I walked most of the night. . . . . I laid down for a while along
the side of the railroad tracks but I kept getting eat up by
mosquitos so I could not sleep.
During the day on Tuesday, July 2,
1991, I started walking out Memorial Drive. During the mid-afternoon
it started raining. I walked up into a Walgreens parking lot maybe
about 4:00 p.m. and just hung around the parking lot for about 20 to
30 minutes. I saw a white female drive up in a 1991 red Cadillac.
She pulled up in the firelane along the blind side of the parking
lot and then went into the Walgreens store. At that time I was not
really watching her, but I don't think that she stayed inside the
drug store very long. When the lady came out of the store she opened
the driver's door and started getting into the car. I decided at
that point that I wanted to take her car from her. I had been
walking for a long time and my feet hurt and I wanted some
transportation. I ran up behind her while the driver's door was
still open. She was sitting behind the wheel, and I shoved her over
with one hand and punched her just under the left ear, to knock her
out. She fell over to the passenger's side and was knocked
unconscious. I got into the driver's seat. I think that I may have
hit her in the back of the neck to make sure that she was
unconscious. I think that the keys to the car were in her hand
because they fell to the floor. I picked them up and started the car
and then looked around to see if anyone had seen what happened. It
was raining, and there was nobody around the parking lot. I first
pulled out of the parking lot and turned right on Memorial going
west, but there was a subdivision down that way, so I turned around
and went to the Dairy Ashford for a ways and then turned off towards
the west. I know that I was near a high school off of Dairy Ashford.
I pulled off the main road and parked on a side road off behind this
little building. I then used martial arts and broke the lady's neck.
I don't know why I did it, but I know that I was lost. I then put
her in the trunk of the car. I did not have on a shirt because my
shirt was wet from the rain. I was also wearing jogging pants. After
I put her in the trunk, I drove down this road. I was right by this
high school when I saw this guy in a truck. I then asked him how to
get to I-10. . . . I followed the guy's direction. As I was driving
I went through the lady's purse and got out her wallet. I found
about $20.00 and some change in her purse and some credit cards. I
saw an Exxon gas station at HWY 6 and Westheimer so I stopped and
filled up with gas. I used the Exxon gas card and signed the name on
the card. I then got on I-10 and headed west. . . . . . . I knew
that she was dead when I put her in the trunk because I felt on her
pulse. . . .
On August 8, 1991, Goodman, after being returned
to Texas, led law enforcement officials to the remains of his
victim's body, which he had dumped in an open field near Uvalde. An
autopsy of the remains confirmed that they were those of Ham and
revealed that the cause of her death had been "blunt trauma to [her]
head and neck." On August 9, 1991, at a Houston police station,
Goodman gave a videotaped statement, which was consistent with his
earlier written statement. The videotape showed that Goodman was an
adult male approximately twenty years of age, apparently healthy and
strong, and approximately six feet in height and 200 pounds in
weight.
Goodman testified in his defense and admitted
that, while in the Walgreens parking lot in Houston on July 2, 1991,
he struck Ham in the head and neck with his fist in order to steal
her car, but he denied breaking her neck or intending to cause her
death.
PROCEDURAL HISTORY
On January 13, 1992, Goodman was indicted in Fort
Bend County, Texas, with the capital offense of the intentional
murder of Cecile Ham in the course of robbery or kidnapping.
A jury
found Goodman guilty of the capital offense on May 26, 1992. A
separate punishment hearing ensued, and, on June 1, 1992, the jury
answered affirmatively the two special issues submitted to them and
in accordance with state law, the trial court assessed punishment at
death.
Appeal was automatic to the Texas Court of
Criminal Appeals, which affirmed the conviction and sentence on
April 10, 1996, and denied a motion for rehearing on May 15, 1996.
Goodman did not seek certiorari review to the United States Supreme
Court.
Goodman next filed an application for state writ of habeas
corpus with the convicting court on April 24, 1997. The trial court
entered findings of fact and conclusions of law recommending that
habeas relief be denied, and these findings were adopted by the
Court of Criminal Appeals on October 8, 1997. Goodman did not seek
certiorari review to the Supreme Court.
Goodman next filed a federal habeas petition in
the United States District Court for the Southern District of Texas,
Houston Division, on November 4, 1997, and an amended petition on
April 27, 1998.
However, on May 29, 1998, prior to the State filing
a response to the petition, Goodman unilaterally dismissed his
federal action. Several days later, on June 1, 1998, Goodman filed a
second application for state writ of habeas corpus with the
convicting court.
The Court of Criminal Appeals dismissed the second
application as an abuse of the writ under statutory provisions on
July 1, 1998. Goodman did not seek certiorari review to the Supreme
Court. On July 13, 1998, returned to the federal district court by
filing a second federal habeas petition.
Goodman filed an amended
petition on October 5, 1998. The State responded to the merits of
the claims raised in the petition and also argued that the second
petition was not timely filed under the controlling federal habeas
statute.
On February 22, 1999, the district court entered an order
dismissing the petition as time barred and denying Goodman
permission to appeal. On March 23, 1999, and April 7, 1999, the
district court entered orders denying several post-judgment motions
filed by Goodman.
On September 16, 1999, the United States Court of
Appeals for the Fifth Circuit similarly denied Goodman permission to
appeal. Goodman then filed a petition for writ of certiorari to the
United States Supreme Court, which is pending before the Court.
PRIOR CRIMINAL HISTORY
At the punishment phase of trial, the State
presented evidence of Goodman's significant criminal record.
On January 10, 1989, in Harris County, Goodman
was convicted of the felony offense of burglary of a building and
sentenced to imprisonment for two years.
On March 6, 1989, in Runnels County, Goodman
received seven years deferred-adjudication probation on a felony
charge of unauthorized use of a motor vehicle.
On August 27, 1990, Goodman's deferred-adjudication
probation was revoked and he was convicted of unauthorized use of a
motor vehicle and sentenced to imprisonment for five years.
He was paroled in December 1990, but he soon
violated the conditions of his parole and was sent to the Wackenhut
Parole Violators Facility in Bexar County. He was paroled from
Wackenhut on July 1, 1991, but he immediately violated the
conditions of his parole again by not reporting to the Texas House,
a "halfway house," in Houston. The very next day, he murdered Cecile
Ham.
Several prosecution witnesses also testified
regarding Goodman's character.
Houston Police Department Sergeant J.W. Belk
testified that, based on his experience in more than 100 homicide
investigations, he believed Goodman had the "psychological profile"
of a "cold-blooded murderer."
Sociologist James W. Marquart testified that an
individual with appellant's background would pose "a risk" of future
acts of criminal violence. Gregory Eric Holmes testified that
Goodman once told him that he (i.e., Goodman) had been a gang member
while in prison and had engaged in gang violence.
Finally, David William Carleton testified that
Goodman had threatened his life during an encounter they had several
days after Goodman committed the instant offense.
DRUGS AND/OR ALCOHOL
There was no evidence of
drug or alcohol use connected with the instant offense.