Walter Junior Blair

Case information

Walter Junior Blair was convicted of capital murder and sentenced to death. He was executed by lethal injection in Missouri on July 21, 1993.

Timeline

• July 16, 1979 — Blair was released on bond from jail.
• August 17, 1979 — Blair went to watch the “white girl” and possibly “take her out [kill her]”.
• August 18, 1979 — Blair entered the victim’s bedroom; police later found the victim’s body next to her abandoned Volkswagen.
• August 19, 1979 — Blair met his girl friend, Sharon Jones; they went to Blair’s mother’s residence; Blair later walked to Allen’s apartment and hid across the street.
• August 21, 1979 — Blair contacted the Jackson family, showed Allen’s driver’s license, and later talked by telephone to Larry Jackson.
• August 22, 1979 — Ernest Jones called a number Blair had given to Tina Jackson; police entered Linda Robertson’s apartment and found Blair with several members of the Jackson family.
• September 24, 1990 — The federal appellate court case (Walter J. Blair, Appellant, v. Bill Armontrout, Appellee) was decided by the Court of Appeals, Eighth Circuit.
• November 3, 1992 — Rehearing and suggestion for rehearing en banc was denied.
• July 20, 1993 — The Eighth Circuit granted a stay of execution.
• July 21, 1993 — Blair was executed by lethal injection in Missouri.

Background

Blair was convicted of killing Kathy Jo Allen, who was scheduled to testify as the victim in the rape trial of Larry Jackson.

While incarcerated with Blair in the Jackson County Jail, Larry Jackson offered Blair $2,000 to keep Allen from testifying against him. Jackson raised the offer to $6,000 after Blair was released on bond.

Blair’s reputation in jail was “being able to hold his own” and not being afraid of anyone.

The offence

Blair was convicted of capital murder and sentenced to death for the death of Kathy Jo Allen.

Blair told friend Ernest Jones that he was going to watch the “white girl [Allen]” that evening and that he might “take her out.” Later Blair told Jones that he had seen Allen and her boyfriend in her apartment the previous evening and that if he had had a gun he could have killed them both.

In the early morning hours, Blair walked to Allen’s apartment, hid across the street, and watched for suspicious activity. Seeing none, Blair stood under the apartment bedroom window, removed the screen, and entered the bedroom. Allen and her boyfriend were asleep on a mattress in the living room.

When they awakened, Blair ordered Allen to get up and leave with him. Blair then warned the boyfriend and pointed his gun at him not to move. Allen hearing the men talking woke up.

Blair told the couple that he was just there to rob them and that he would not harm them. Blair took the boyfriend’s diamond ring, watch, and cash, and took Allen’s driver’s license later described as part of what he showed to others.

Blair told Allen to get dressed so that she could drive him somewhere. Blair refused to take the boyfriend’s car keys and refused the offer to act as his driver. When Blair was leaving with Allen, he told the boyfriend that Allen would be back within seven to ten minutes. As soon as Blair was gone, the boyfriend called the police.

At about 6:30 a.m., Velma Moore heard screams and gunshots on E. 34th Street in Kansas City. Around 7:00 a.m., police found Allen’s body next to her abandoned Volkswagen in a vacant lot at 3406 Tracy Avenue, four blocks from Blair’s mother’s home. Allen was found nude from the waist up and had been shot in the head, chest, and wrist. Examination of the gunpowder burns indicated the shots were fired from close range. Her body bore abrasion and lacerations consistent with her being struck in the head with a brick before her death.

The events following the killing included robbery and disposal steps described as Blair burning Allen’s brown purse, the pillow case, and a spent shell casing.

Blair’s confessions included an assertion that he had intended only to kidnap Allen to keep her from testifying against Jackson, and that he accidentally shot her when she tried to escape.

Investigation

After Blair and Allen were taken from the apartment, the boyfriend called the police.

Sharon Jones testified that she saw Blair carrying a pillow case and saw him take a brown purse, a silver diamond ring, two watches, his gun, and his gloves from the pillow case. Later that evening, Blair and Sharon Jones went to Ernest Jones’ residence, where Blair passed around a diamond ring, a man’s watch, and Allen’s driver’s license.

Blair told Ernest Jones that he had abducted Allen and that “he hit her with a brick and that she wouldn’t fall so he shot her.” (Tr. V 1484)

Blair also said that Jackson’s family would pay him when they saw Allen’s driver’s license.

Subsequent attempted disposal and recovery included an unsuccessful effort to pawn the diamond ring the day after the murder; the ring was later pawned for $50 by Frederick Jones and the money was given to Ernest Jones, who gave it to Blair.

On August 21, Blair contacted the Jackson family and showed Allen’s driver’s license, and he talked to Larry Jackson by telephone. Jackson told Blair that he loved him like a brother and that Blair would get the $6,000 promised.

Later that day, police found Frederick Jones’ name on the pawn ticket for Allen’s ring and arrested him. Ernest Jones was also arrested soon thereafter.

When Blair learned of these arrests, he instructed Ernest Jones’ girl friend, Tina Jackson, to have Ernest call a phone number and ask for “Cody.” When Tina Jackson was questioned by police, she gave them the number supplied by Blair. The police determined the phone number was for an apartment rented by Larry Jackson’s sister, Linda Robertson.

Police went to the apartment, but Linda Robertson told them Blair was not there, and they then drove to Blair’s mother’s home. Police were admitted by Mrs. Blair and during the search found a hooded sweatshirt similar to the one described by the boyfriend as being worn by Allen’s abductor. Subsequent analysis of the sweatshirt yielded paint chips consistent with paint on the outside of Allen’s apartment and cat hair consistent with Allen’s cat.

On August 22, Ernest Jones called the number Blair had given to Tina Jackson. After a man answered under the code name “Cody,” police entered Linda Robertson’s apartment and found Blair with several members of the Jackson family. The police searched the apartment and found a watch similar to the boyfriend’s near Blair and a .32 caliber pistol in a closet. Later analysis indicated that the expended bullets found in and near Allen’s body and the shell casing Blair had attempted to burn had all been fired by that weapon.

Blair was arrested and was read his Miranda rights at least two times. Soon thereafter, Blair confessed to abducting and killing Kathy Jo Allen. Blair confessed orally, signed a written confession, and gave a third confession on videotape.

Blair first confessed orally, then signed a written confession, and finally gave a third confession on videotape.

Arrest

Trial

Blair was convicted of capital murder and sentenced to death. The conviction and death sentence were affirmed on direct appeal.

The state’s evidence included the formation of the contract to kill Allen and the testimony of Ernest and Sharon Jones about Blair’s statements prior to the homicide.

The evidence at Blair’s trial included that Larry Jackson had offered Blair $2,000 to keep Allen from testifying and that Jackson later raised the offer to $6,000, which Blair accepted.

On August 17, 1979, three days before Allen was scheduled to testify in the rape trial of Larry Jackson, Blair told Ernest Jones that he was going to watch Allen and might “take her out.”

Blair showed Jones a .32 caliber handgun between 8:00 p.m. and 9:00 p.m. on August 18, 1979, which Blair said he had stolen earlier that day.

Blair testified and argued that Ernest Jones killed the victim and that Ernest Jones framed Blair.

In the sentencing phase, the jury heard closing argument from the prosecutor. Blair presented an eighth amendment challenge to the prosecutor’s closing argument, including the following passage:

[T]here are only two penalties in this case, death or life without consideration of parole for 50 years. Why should we as taxpayers have to house this man for fifty years? Why should we have to feed him three meals a day for fifty years, clothe him for fifty years, furnish him recreation, medical care? (Tr. VII 2317)

In addition, the federal appellate record included that the prosecutor referred to the “attractive” girl awakening and staring into the muzzle of a gun held by “this black man.”

Sentencing

Blair was sentenced to death.

During the penalty phase, the prosecutor argued in closing that the jury should sentence Blair to death rather than life without consideration of parole for 50 years, and the prosecutor made the “taxpayers” cost argument quoted above.

Blair’s sentencing-stage argument included that the prosecutor’s closing argument violated constitutional rights, including an eighth amendment challenge and an equal protection challenge.

Appeals

Missouri Supreme Court

The Missouri Supreme Court affirmed Blair’s conviction and death sentence in State v. Blair, 638 S.W.2d 739 (Mo.1982) (en banc).

The record described that the Missouri Supreme Court refused in 1982 to overturn the death sentence imposed on Blair, who was originally sentenced to die on Oct. 16 of that year.

United States Supreme Court

Certiorari was denied after the Missouri Supreme Court decision.

The execution was delayed by stays issued by a Federal appeals court and then lifted by the United States Supreme Court on July 21, 1993.

The record stated that it was the fourth stay Blair received during his 12 1/2 years on death row and that the Supreme Court lifted the stay issued by a Federal appeals court earlier in the day.

Federal habeas corpus appeals and additional proceedings

The Eighth Circuit reviewed Blair’s habeas corpus petition under 28 U.S.C. § 2254 and affirmed the district court’s denial of the petition.

The Eighth Circuit’s decision on September 24, 1990 included:

• affirmance of the district court’s denial of Blair’s habeas corpus petition;
• reversal of the district court’s disqualification order concerning the Attorney General’s Office.

Blair’s grounds in the first federal habeas appeal included:

1. the State knowingly used perjured testimony at his trial;
2. the exclusion from pretrial interrogation of an attorney who had represented Blair on an unrelated charge rendered Blair’s waiver of his Miranda rights ineffective;
3. the prosecutor’s argument during Blair’s sentencing violated his eighth amendment rights;
4. the jury in his trial was not given a first-degree murder instruction;
5. ineffective assistance of counsel during the habeas corpus case.

The Eighth Circuit also noted a State cross-appeal regarding disqualification of all attorneys affiliated with the Office of the Attorney General.

Later proceedings included a second and third habeas corpus cycle and a Rule 60(b)(6) motion, which were denied.

The Eighth Circuit granted a stay of execution on July 20, 1993 pending argument on the stay and merits of a third petition, concluding that the claim was not “frivolous and entirely without merit.”

Outcome

Walter Junior Blair was executed by lethal injection in Missouri on July 21, 1993.

Blair had no final statement.

The record included that Missouri’s longest-serving death row inmate was executed early on July 21, 1993.

Other details

• Blair was described as 32 years old at execution.
• The victim was Kathy Jo Allen, described as a 21-year-old woman.
• Larry Jackson was charged with raping Kathy Jo Allen.
• Ernest Jones was described as a star witness against Blair.
• Blair’s written statement and videotaped confession included his contention that he intended only to kidnap Allen and keep her from testifying against Jackson and that he accidentally shot her when she tried to escape.
• The sweatshirt analysis showed paint chips consistent with the outside of Allen’s apartment and cat hair consistent with Allen’s cat.
• The pistol recovered was a .32 caliber pistol.
• The case included discussion of the trial court refusing to instruct the jury on first-degree murder as a lesser-included offense of capital murder.
• The case included discussion of claims relating to peremptory strikes used to remove African Americans from the jury panel and allegations tied to Swain v. Alabama.
• The record included that mural paintings by Blair decorated the end of one of the four wings of Missouri’s death row, stating: “Death is certain,” and “but life is not.”