Richard Lynn Bible

Parties and case identification

Richard Lynn Bible was the defendant.

Jennifer Wilson was the victim.

Timeline

• May 1987 — Bible was released from prison after serving a sentence imposed in 1981 for kidnapping and sexual assault.
• April 1988 — The Coconino County Sheriff seized a dark green and white GMC “Jimmy” (or “Blazer-type”) vehicle in Sedona, Arizona.
• June 5, 1988 — Bible stole the GMC from the impound lot.
• June 6, 1988 (around 10:30 a.m.) — Nine-year-old Jennifer Wilson began bicycling from where her family was staying in Flagstaff, Arizona, to a ranch a mile away; she did not arrive.
• June 6, 1988 (11:21 a.m.) — Jennifer’s mother called police.
• June 6, 1988 (shortly after 10:30 a.m.) — Flagstaff police arrived within minutes; they called in a helicopter, set up roadblocks, and alerted the Federal Bureau of Investigation (FBI).
• June 6, 1988 (around 1:00 p.m.) — Bible arrived at his brother’s home near Sheep Hill, driving a dark green or dark silver, white-top Blazer-type vehicle with a dented left bumper.
• June 6, 1988 (about 5:00 p.m.) — The GMC was discovered missing from the impound lot.
• June 6, 1988 (6:20 p.m.) — Police saw Bible driving the GMC; a high-speed chase began after police attempted to stop him.
• June 6, 1988 (later that day) — Police located Bible using a tracking dog; he was hiding under a ledge covered in twigs, leaves, and branches.
• June 6, 1988 — Within hours after his arrest, Bible confessed to stealing the GMC the previous day and painting the vehicle two hours before his arrest.
• June 25, 1988 — Jennifer’s body was not found until June 25, 1988.
• Nearly three weeks after June 6, 1988 — Hikers accidentally found Jennifer’s body on the top of Sheep Hill.
• April 12, 1990 — A jury convicted Bible of first-degree murder, kidnapping, and molestation of a child under fifteen years of age; the verdict date was April 12, 1990.
• June 7, 1990 — The defense filed its sentencing memorandum.
• June 12, 1990 — Bible was sentenced to death; the sentencing date was June 12, 1990.
• Friday, July 1, 2011 — News accounts described Bible’s execution and witnesses present.
• June 30, 2011 — Bible was executed by lethal injection in Arizona.

Background

In May 1987, Bible was released from prison after serving a sentence imposed in 1981 for kidnapping and sexual assault.

At all times relevant to the case, Bible lived in Flagstaff, Arizona.

In April 1988, the Coconino County Sheriff seized a dark green and white GMC “Jimmy” (or “Blazer-type”) vehicle in Sedona, Arizona. The GMC had been used to deliver newspapers. A deputy who drove it to Flagstaff noticed rubber bands in the GMC and damage to the left rear quarter panel. Another officer noticed the damaged quarter panel and saw bags of rubber bands in the vehicle. The Sheriff stored the vehicle in a fenced impound lot near Flagstaff, close to Sheep Hill.

The offence

On June 6, 1988, shortly after 10:30 a.m., nine-year-old Jennifer Wilson began bicycling from where her family was staying in Flagstaff to a ranch a mile away. Her family passed her while driving to the ranch. When the child did not arrive, her family began to search and found her bicycle by the side of the road. Her naked body was found three weeks later hidden under a tree, mostly covered with branches. Her hands were tied behind her back with a shoelace. Police also found one of her sneakers without a shoelace near the body and found her panties in a tree nearby.

Police also reported that Bible drove by in a truck, forced Jennifer off her bike, and abducted her. Bible took Jennifer to a hill near his home where he sexually assaulted her. He then killed her by hitting her in the face and head with a blunt instrument, and concealed the body and left the area.

An autopsy revealed that portions of the body (including the head and genital area) were severely decomposed, consistent with having been on Sheep Hill for approximately three weeks. Multiple skull fractures and a broken jawbone indicated that blows to the head caused Jennifer’s death. Although the body was naked with her hands tied, suggesting sexual molestation, no sperm or semen was found.

Near Jennifer’s body, police found items including an unwrapped, unsmoked cigar with two distinctive breaks in the same pattern as the cigar found in the GMC; an empty ten-pack box of Carnation “Rich” hot chocolate; two empty 50-milliliter “Suntory” vodka bottles; and a piece of metal that fit the GMC’s damaged steering column.

Investigation

Police received information that Jennifer’s mother saw two vehicles while driving to the ranch. One was a royal blue Blazer-type vehicle. At the ranch, she saw the same vehicle going the opposite direction at a high rate of speed. She described the driver as a dark-haired, dark-complected Caucasian male, mid-to-late twenties, possibly wearing a white T-shirt, who had looked at her intently.

The detective realized that the description of the Blazer-type vehicle and its driver approximated Bible and the vehicle described by Bible’s brother.

In the GMC, police found a green blanket and numerous rubber bands but no rubber band bags. The steering column had been cut open and one piece of metal had fallen to the floorboard. The GMC contained a case of twenty 50-milliliter bottles of “Suntory” vodka with two bottles missing. In the console was a wrapped cigar broken in two places, a “Dutchmaster” cigar wrapper and band in the ashtray, and Carnation “Rich” hot chocolate packets in the vehicle.

Investigators found blood smeared inside and under the GMC, although testing did not reveal whether the blood was human.

At the scene of Jennifer’s body, police observed rubber bands everywhere and found a rubber band bag containing a few rubber bands five feet from the body. A patch of blood-matted grass was near the body. Testing revealed this blood was human and was phosphoglucomutase (“PGM”) subtype 2+, the same subtype as Jennifer’s blood. Luminol spraying revealed a faint blood trail leading from the blood-matted grass to the body. Testing showed blood on the top of the branches covering the body.

Police found a piece of metal near the body that fit the GMC’s steering column. In Flagstaff, where the GMC was seen parked the day before Jennifer disappeared, police found another piece of metal from the vehicle’s steering column. The three metal pieces fit together like jigsaw puzzle pieces, and an investigator concluded that the three metal pieces were part of the GMC’s steering column.

Microscopic analysis showed that the cigars near the body and in the GMC looked very similar, had consistent breaks, and had identical seals. The analysis showed that the cigars had similar thresh cuts and tobacco mixtures, and similar sieve test results and pH values. Although nicotine values and ash content were slightly different, the cigars were from the same lot and were similar to and consistent with tobacco residue found in Bible’s shirt pockets.

Investigators found hair near the body and hair on Bible’s clothing, and police found that hairs were similar between Jennifer and Bible, including pubic-type hair that was similar to Bible’s pubic hair samples, as well as fibers and clothing items.

Police confiscated Bible’s clothing when he was booked, and Bible was wearing items including a “levi-type” jacket, jeans, a plaid shirt, boots, and wool gloves. Police also found a baseball-type cap and knives where Bible was hiding and in one of his pockets.

In one of the first DNA cases, blood smeared on a shirt and worn by Bible at his arrest was tested and found to be Jennifer’s blood. Testing performed by Cellmark Diagnostic Laboratories, Inc., showed that DNA in the blood on Bible’s shirt and Jennifer’s DNA were a “match.” Cellmark concluded chances were one in fourteen billion or, more conservatively, one in sixty million that the blood on Bible’s shirt was not Jennifer’s.

Arrest

A police officer saw the stolen vehicle parked in Flagstaff the day of the theft. Later that day, officers attempted to stop Bible. A high-speed chase ensued. When cornered, Bible ran from the vehicle and hid. Using a tracking dog, officers found Bible hiding under a ledge camouflaged with twigs, leaves, and branches. Police located him and arrested him.

Within hours after his arrest, Bible confessed to stealing the GMC the previous day and painting the vehicle two hours before his arrest. He denied being in the area of the abduction.

Trial

Court and presiding judge

The proceedings listed the presiding judge as Richard K. Mangum.

Jury verdict and convictions

In April 1990, a jury convicted Bible on all charges. The verdict date was April 12, 1990.

The jury convicted Bible of first-degree murder, kidnapping, and molestation of a child under fifteen years of age, and the conviction was affirmed on direct appeal.

Evidence of other crimes

Bible moved to exclude evidence of his 1981 sexual assault and kidnapping convictions. Following a hearing, the court found the evidence admissible to show identity but not emotional propensity. The evidence consisted primarily of testimony by the victim of the 1981 incident, and the court gave a limiting jury instruction.

DNA evidence and Frye issues

During trial, Cellmark Diagnostic Laboratories, Inc. performed DNA testing on blood and on victim samples. The State moved for a Frye hearing to determine admissibility of DNA test results. After an extensive hearing, the trial court found DNA testing performed was generally accepted in the relevant scientific community and admitted results at trial.

Admission of flight and concealment evidence

Bible moved to preclude evidence of flight and concealment immediately before his arrest. Following a hearing, the court denied the motion, admitted the evidence, and instructed the jury that running away or hiding does not itself prove guilt and that concealing evidence does not itself prove guilt.

Trial judge communications and other trial incidents

During the trial, Bible challenged the trial judge’s statements and actions related to courtroom control. The trial judge stated:

I shall continue to control the proceedings in this court. Some other body will have to decide whether my actions are reasonable or not. I will not be intimidated by this presentation. If you ask the same question over and over, I will stop it, and if you can't keep track of where you are in your questions, I will, and apparently you have learned nothing by this experience. If you want to find fault with what I do as it occurs, you will have to take appropriate action on the spot.

An outburst occurred during testimony about Bible’s 1981 sexual assault and kidnapping convictions. The victim’s father ran out of the courtroom and yelled “[t]hat fucking asshole.” The judge stated:

I think the record should reflect at this point that [the victim's father] went out of the courtroom obviously disturbed and yelled an obscenity which I'm sure the jury heard, as I did. I think it might be well to remind the jury what you are told at the beginning of the case ... which is that you are not to base your decision in this case on emotion or prejudice or sympathy, ... but to base it on the facts. You notice we don't tell you not to have emotion or not to have sympathy, just that you don't base your decision on that. You base it on the facts that are presented in court, so please disregard the outburst. I'm sure we can understand the feelings that were being vented, but that's not the way that decisions are made.

The court excluded the victim’s father from the courtroom for the remainder of the trial. Defense counsel moved for a mistrial, and the trial court denied the motion, stating:

I don't think it's really the substance for a mistrial. I don't think there is any doubt in the jury's mind about how [the victim's father] feels about Mr. Bible. That's certainly been clear for days.[[[FN40] It's just the venting of that in an inappropriate way that I think troubles us.

Sentencing

Bible was sentenced to death on June 12, 1990.

Aggravating circumstances

The trial court found aggravating circumstances, including:

• prior convictions involving violence
• especially cruel
• victim under 15

Mitigating circumstances

The trial court listed mitigating circumstances as none sufficient to call for leniency.

In the sentencing record, the Arizona Supreme Court later described the trial court’s conclusions, and it corrected one aggravating circumstance while affirming the sentence after concluding that the lack of mitigating evidence meant there was nothing sufficient to call for leniency.

Appeals

State direct appeal

On direct appeal, the Arizona Supreme Court affirmed the conviction and death sentence. It held:

• defendant was not denied fair trial by pretrial publicity or trial atmosphere
• DNA sample matching met Frye test
• particular laboratory’s probability calculations did not meet the Frye test
• error in admitting probability calculation testimony was harmless
• two aggravating circumstances were not established
• the court could reweigh evidence and affirm the death sentence where defendant established no mitigating factors
• errors in prosecutor’s opening statement and closing argument were harmless

The disposition stated that the court affirmed the convictions and sentences.

Ninth Circuit habeas appeal

On habeas appeal, the United States Court of Appeals for the Ninth Circuit affirmed denial of relief. It held:

• any deficient performance in presenting mitigating evidence during sentencing phase did not prejudice Bible
• counsel’s failure to further investigate potentially mitigating evidence of defendant’s brain damage did not prejudice Bible
• affirmed the denial of habeas relief

Outcome

Bible’s convictions and sentences were affirmed.

Bible was executed by lethal injection in Arizona on June 30, 2011.

Final words

Bible’s final words were:

"I want to thank my family and my lawyers. I love them all and everything's OK. That's it."

Final/special meal

His final/special meal was:

• Four eggs with cheese, hash browns, biscuits and gravy, peanut butter and jelly, and chocolate milk

Execution-related details reported

Bible was pronounced dead at 11:11 a.m. The execution was described as taking place at the Arizona Department of Corrections Central Unit, after Bible was moved from the Browning Unit to the Eyman Housing Unit 9. The execution room included more than 40 witnesses, and his attorneys were described as his only witnesses; Bible’s family was described as not present in the execution room.