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William Wesley
CHAPPELL
Monday, November 18, 2002
William Wesley Chappell Scheduled to be Executed.
AUSTIN - Texas Attorney General John Cornyn
offers the following information on William Wesley Chappell, who is
scheduled to be executed after 6 p.m. on Wednesday, Nov. 20, 2002.
On Nov. 22, 1989, William Wesley Chappell was sentenced to die for
the capital murder of Alexandra Heath, which occurred in Fort Worth,
Texas, on May 3, 1988:
FACTS OF THE CRIME
William Wesley Chappell was charged with
murdering Alexandra Heath in the course of committing or attempting
to commit burglary of a building owned by her mother, Martha Lindsey,
with the intent to commit the felony offense of retaliation against
Lindsey or her husband, Elbert Sitton, or commit theft of property
belonging to Lindsay or Sitton. Heath, Lindsey and Sitton were all
killed inside Lindsey's home.
The evidence illustrates that Chappell had a
strained relationship with Lindsey, Sitton, and their daughter, Jane
Sitton - Alexandra's half sister.
Chappell, who was then 43 or 44
years old, and Jane, who was then 14 or 15 years old, began dating
in 1981 or 1982 and stopped seeing each other in 1983 or 1984.
In
May 1984, Chappell was indicted for molesting Jane's daughter.
Lindsey had reported the offense to police. In May 1987, Chappell
was found guilty of one count of indecency with a child and was
sentenced to five years confinement. Chappell was released on bond
pending appeal.
After the indecency trial, the Lindsey/Sitton
family congregated outside the courtroom. When Chappell came out, he
informed Lindsey that "it wasn't over yet" and that he "would get
her for that."
Chappell related this threat to his then-wife Sally
Hayes, denied molesting Jane's daughter and said that Lindsey and
the Sittons were after his money. Chappell stated that he wanted to
"do away" with the Lindsey/Sitton family.
In January 1988, Hayes drove Chappell to
Lindsey's home where Elbert and Jane also resided. Chappell had
purchased gasoline and put it in jugs. Hayes let Chappell out near
Lindsey's home and drove around for 15 minutes.
When Chappell
signaled Hayes with his flashlight, she picked him up. Chappell no
longer had the jugs and said that he had set fire to Lindsey's house.
Chappell became upset when he later learned that the home suffered
relatively little damage and that none of the occupants were injured.
In February 1988, Chappell and Hayes went to a
gun show. Hayes testified that she purchased ammunition, an extra
barrel, a spring, and a "small round thing with holes in it" that
fit over the barrel of the gun. Thereafter, Chappell began working
on a silencer for the gun. In March 1988, Chappell and Hayes
purchased two walkie-talkies at Radio Shack.
In April 1988, Chappell settled an unrelated
personal-injury suit against a church and received a cashier's check
for $66,000.
That same month, Chappell and Hayes went to Hornbeak,
Tennessee, where Hayes owned a house. Chappell brought $60,000 of
his settlement to put into certificates of deposit in hopes of
preventing the Lindsey/Sitton family from getting it. Hayes
testified that Chappell planned to return to Texas and the Lindsey
home in order to kill anyone who happened to be in it.
On May 3, 1988, Chappell and Hayes left Tennessee
at 10:30 a.m. in a van. They arrived in Fort Worth around 8:30 p.m.
and stopped at a grocery store. While Hayes went into the store,
Chappell changed into dark clothing, makeup and a wig. Chappell also
had a black ski mask, brown gloves and a nylon tote bag containing a
walkie-talkie, the 9-mm gun, a pistol, the silencer, clips for the
guns, a crowbar, and wire cutters.
Sometime after 9:00 p.m. Hayes let Chappell out
of the van near Lindsey's home. Hayes then drove around the
neighborhood waiting for Chappell to contact her by walkie-talkie.
Fifteen to 20 minutes later, Chappell contacted Hayes, and she
picked him up. When he got into the van, Chappell stated that he had
"shot Jane, her mother, and her daddy." He also said that he had
taken some money to make it look like a robbery.
The pair then drove
back to Tennessee, where they disposed of as much evidence as
possible. Chappell was shocked when he learned that it was not Jane,
but her half sister, Alexandra Heath, whom he had killed.
Heath was shot several times while lying in bed
and died at the scene. Before his death, Sitton told a Fort Worth
police officer that an intruder wearing a ski mask had confronted
Sitton and Lindsey in their bedroom.
After Lindsey complied with the
intruder's demand for money, the intruder shot the couple several
times. Lindsey died two days later. Sitton, who survived for two
months in the hospital, was able to tell the emergency room
physician that he believed the intruder was the same man who raped
his daughter or granddaughter. [The physician could not remember
whether Sitton said "daughter" or "granddaughter."]
PROCEDURAL HISTORY
May 3,1988 - Chappell murdered Alexandra Heath,
Martha Lindsey and Elbert Sitton.
Feb. 7, 1989 - Chappell was charged by an
indictment in Tarrant County for the capital murder of Alexandra
Heath.
Nov. 19, 1989 - A jury found Chappell guilty of
capital murder.
Nov. 22, 1989 - Following a separate punishment
hearing, the trial court sentenced Chappell to death.
Feb. 3, 1993 - On direct appeal, the Court of
Criminal Appeals reversed the judgment and remanded the cause for
retrial because the trial court erred in granting the State's motion
for second shuffle of jury venire.
April 7, 1993 - The Court of Criminal Appeals
overruled the State's petition for rehearing.
Oct. 1993 - On remand, sometime after voir dire
began, the trial court declared a mistrial.
Oct. 9, 1996 - On retrial, a jury again found
Chappell guilty of capital murder.
Oct. 9, 1996 - Following a separate punishment
hearing, the trial court sentenced Chappell to death.
Oct. 29, 1998 - Chappell filed his Brief on
direct appeal raising seven points of error.
May 21, 1999 - Chappell filed a state writ of
habeas corpus petition raising six grounds for relief.
Oct. 13, 1999 - On direct appeal, the Court of
Criminal Appeals rejected Chappell's seven claims and affirmed his
conviction and sentence. Chappell did not petition for certiorari
review from the United States Supreme Court.
Nov. 24, 1999 - On state habeas, the Court of
Criminal Appeals denied relief on all six of Chappell's claims based
on the Court's own review and on the state trial court's findings
and conclusions.
Dec. 26, 2000 - Chappell filed a federal writ of
habeas corpus petition raising seven claims.
Jan. 26, 2001 - The State (through Gary Johnson,
former Director of the Texas Department of Criminal Justice's
Institutional Division) filed an answer and moved for summary
judgment.
Feb. 7, 2001 - The United States District Court
for the Northern District, Fort Worth Division, issued a memorandum
opinion and order denying habeas relief and issued final judgment.
Feb. 21, 2001 - Chappell filed notice of appeal
and an application for certificate of appealability.
March 1, 2001 - The district court denied a COA.
May 14, 2001 - Chappell filed an application for
COA in the United States Court of Appeals for the Fifth Circuit.
June 13, 2001 - The State (through former TDCJ
Director Gary Johnson) filed its opposition to COA.
April 9, 2002 - The Fifth Circuit denied a COA in
an unpublished opinion.
June 10, 2002 - Chappell petitioned for a
rehearing, and the Fifth Circuit denied the request.
Sept. 5, 2002 - Chappell petitioned the United
States Supreme Court for certiorari review of two claims.
Oct. 10, 2002 - The State (through current TDCJ
Director Janie Cockrell) filed a brief in opposition.
Nov. 13, 2002 - Chappell filed a successive state
habeas application and moved for a stay of execution in the trial
court. Chappell also appealed the denial of DNA testing.
PRIOR CRIMINAL HISTORY
Evidence was introduced that in May 1987,
Chappell was found guilty of one count of indecency with a child and
was sentenced to five years confinement. Because it was theorized
that Chappell killed his three victims in retaliation over his
conviction and imprisonment, this testimony was introduced during
the guilt/innocence stage of trial.
During the punishment phase, the State presented
a daughter of the victims who testified that in January 1984, her
parents' home in Fort Worth caught fire and the kitchen area was
destroyed.
This witness also testified that Chappell was 43 or 44
years old when he started dating Jane Sitton (who was 14 or 15 years
old at the time); that Ms. Sitton already had a child, but had not
been married; and that while they were dating, Chappell attended
high school functions with Ms. Sitton, including football games and
the senior prom.
The State also called Ms. Sitton's daughter to
testify regarding several incidents where Chappell sexually molested
her, including once at Chappell's boat shop and once in a car.
According to this witness, the molestation ended when she was four
years old, after she reported the events to her uncle.
An additional State's witness testified that in
the mid-1980s, Chappell was involved in a fraudulent theft whereby
the witness falsely reported that his 1986 Dodge van had been stolen,
when, in reality, Chappell had taken the van from a shopping mall
parking lot by using the keys provided by the witness.
On May 8,
1988, Chappell brought the Dodge van to the witness' property;
however, 12 days later, the police seized the van because it had
been used in the commission of the Heath/Lindsey/Sitton murders.
This witness also testified that he later learned that Chappell was
accusing him of the murders, and felt that Chappell left the van at
his property in order to frame him.