Willie Crain

Case information

Willie Crain was tried in the Thirteenth Judicial Circuit, Hillsborough County, Florida.

Timeline

• 09/09/98 — Willie Crain was introduced to Kathryn Hartman by his daughter while both were at a bar in Hillsborough County; Crain and Hartman danced and talked for four hours until 1:30 or 2:00 in the morning.
• 09/10/98 — On the afternoon of 09/10/98, Crain returned to Hartman’s trailer and met her seven-year-old daughter, Amanda Brown, at the kitchen table where they played games and did homework.
• 09/10/98 — Crain accepted Hartman’s invitation to return for dinner that evening before leaving that afternoon.
• 09/10/98 — After dinner, Crain and Brown played games; Brown pleaded with her mother to let her go to Crain’s trailer, and Hartman agreed.
• 09/10/98 — Crain drove Hartman and Brown to his trailer in his white pickup truck.
• 09/10/98 — After beginning to watch a movie in Crain’s living room, Crain and Brown went to his bedroom, where Hartman found the two sitting on Crain’s bed watching the movie.
• 09/10/98 — Hartman asked if Crain had any medication for pain; Crain offered her Valium, which she took, and marijuana, which she declined.
• 09/10/98 — Crain drove Hartman and Brown to their trailer; around 2:15 a.m., Brown went to sleep in Hartman’s bed.
• 09/11/98 — Hartman woke the next morning to find Crain gone and Brown missing.
• 09/11/98 — Hartman called Crain on his cell phone; Crain told her that he did not know where Brown was and that he was loading his boat at a boat landing.
• 09/13/98 — Indictment: Count I was First-Degree Murder; Count II was Kidnapping.
• 10/14/98 — Trial summary date.
• 09/13/99 — Jury returned guilty verdicts on all counts of the indictment.
• 09/17/99 — Jury recommended death by a vote of 12-0.
• 11/19/99 — Sentencing: Count I (First-Degree Murder) — Death; Count II (Kidnapping) — Life.
• 03/27/00 — Crain filed a direct appeal with the Florida Supreme Court.
• 10/28/04 — The Florida Supreme Court affirmed the convictions and sentences.
• 03/25/05 — Crain filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 10/03/05 — The U.S. Supreme Court denied the petition.

Background

Willie Crain was convicted of kidnapping and first-degree murder in the presumed death of seven-year-old Amanda Brown. Amanda Brown’s mother was Kathryn Hartman.

Crain had introduced himself to Hartman through his daughter at a bar in Hillsborough County, and Hartman later invited him to her trailer for dinner after meeting him the day before.

Crain had prior child molestation convictions:

• In 1985, Crain pleaded guilty to five counts of sexual battery involving girls under age 11.
• Police records said Crain abused the girls between July 1982 and May 1984. During the guilt phase of the trial, jurors learned that Crain had five previous felony convictions but were not informed what those crimes were. During the death penalty phase, jurors heard from three of Crain’s victims who described how the defendant sexually abused and battered them.

The offence

On the night of 09/10/98, Crain and Hartman drank Valium (Hartman took Valium when Crain offered it) and Hartman declined marijuana. Crain and Brown watched a movie in Crain’s bedroom and were found by Hartman sitting on Crain’s bed with Brown sitting between Crain’s sprawled legs with her back to his front.

After Hartman decided it was time to leave, Crain drove Hartman and Brown back to their trailer. Around 2:15 a.m., Brown went to sleep in Hartman’s bed. Hartman advised Crain to lie down to sober up while she went to bed. Within five minutes of Hartman going to bed, Crain entered the bedroom and lay down on the bed with Hartman and Brown.

Hartman awoke the next morning to find Crain gone and Brown missing. Hartman called Crain on his cell phone. Crain told her he did not know where Brown was and said he was loading his boat at a boat landing.

Other people at the boat ramp testified at trial that Crain carried what appeared to be a rolled-up item of clothing with him when he was launching his boat.

One of the men at the boat ramp testified that Crain had told him on two separate occasions that he had the ability to get rid of a body where no one could find it.

Despite an extensive, two-week search of Upper Tampa Bay, Brown’s body was never found.

Investigation

A police interview took place after Brown’s disappearance. In that interview, Crain told police that he left Hartman’s house around 1:30 a.m. on 09/11/98. He also told police that he accidentally spilled bleach in his bathroom and spent the early morning hours cleaning his bathroom.

During the search of Crain’s trailer, a detective applied Luminol, which reacts with blood. The detective testified that the floor, bathtub, and walls “lit up”.

Detectives found blood stains in the bathroom and on Crain’s boxer shorts. Both of those contained DNA consistent with a mixture of the DNA profiles of Crain and Brown.

Arrest

No separate arrest event was stated in the provided material.

Trial

Crain was indicted on 09/13/98 on:

• Count I: First-Degree Murder
• Count II: Kidnapping

The jury returned guilty verdicts on all counts of the indictment on 09/13/99. The jury recommended death on 09/17/99 by a vote of 12-0.

Crain’s legal representatives were identified as follows:

• Attorney, Trial: Daniel Hernandez & Charles Traina – Private Attorney
• Direct Appeal: Paul Helm – Assistant Public Defender Attorney
• Collateral Appeals: Robert Strain – CCRC-M

Defence and expert testimony

Crain insisted that he was not involved in Amanda’s disappearance and stated he last saw Amanda sleeping next to her mother on her mother’s bed. He also stated he normally cleaned his bathroom and mobile home very early in the morning so he would stay awake to go crabbing. He tried to explain the presence of Amanda’s blood by saying the little girl was suffering from a bloody, loose tooth and that he had attempted to pull it for her. He stated Amanda did not want him to pull the tooth and he gave her some tissue paper to wipe the bloody tooth.

During the death penalty hearing, forensic psychiatrist Dr. Robert M. Berland told jurors that Crain suffered from a mental illness and was battling drug and alcohol abuse at the time Amanda disappeared. Berland performed a psychological test on Crain to determine whether Crain was faking mental illness. After comparing Crain’s test scores from 1984 to more recent scores, Berland concluded that Crain showed signs of delusional paranoia. Berland also said Crain often tried to hide his illness and that the disorder related to a brain injury Crain suffered when he was mugged on one occasion. Berland further said Crain’s abuse of drugs and alcohol and a choking incident aggravated his problems and that his capacity to conform to the law was severely impaired.

Prosecution psychiatrist Dr. Barbara Stein refuted Berland’s findings. She said Crain did not seem to have psychological problems or to be debilitated by drugs when he abducted and killed Amanda. Stein also cast doubt on whether Crain’s pedophilia was a mental illness, noting debate within the psychiatric community over whether pedophilia is a mental illness. Stein told jurors that there is a high relapse rate among pedophiliacs and that few people are cured of the disorder. She also said pedophilia should not be used to explain criminal activities.

Crain’s relatives did not testify on his behalf during the penalty phase, including his daughters who had testified on his behalf during the guilt phase. It was stated that they felt they would not be able to help their father and that Crain had told Florida newspapers before the trial that he had abused his children.

In the guilt phase, Crain’s daughters testified on his behalf but did not take the stand during his death penalty hearing in September.

Other trial testimony and alleged statements

A fellow commercial fisherman testified that Crain told him he knew how to hide a body so that no one would be able to find it.

Crain’s in-law, Frank Stemm, Jr., told jurors that Crain asked him not to tell anyone the whereabouts of five to seven crab traps after Amanda’s disappearance. The prosecution suggested those traps might connect Crain to the murder. Crain denied telling anyone that he knew how to hide a body, and the defence argued that Crain’s statement to Stemm referred only to commercial crab fishing and rivalries among commercial crabbers.

Two associates of Crain’s daughter, Cynthia Gay, testified that he admitted involvement in Amanda’s disappearance. Mary Ann Lee and Linda Miller testified that the defendant admitted his wrongdoing and then changed his story. Lee testified that Crain seemed upset that he had been accused and that Miller told him: "Don’t worry. Things will be okay ... you didn’t do anything to that little girl." Lee testified that Crain responded: "I did do it ... No, you're right, I didn't do anything." Gay defended her father and maintained that Lee and Miller misunderstood him. Gay testified: "What I heard," was, 'I di-di-di-dn't do it. He [Crain] stutters.' It was also stated that Crain had a stuttering problem and that what Gay heard was that he did not do it.

Sentencing

On 11/19/99, Crain was sentenced as follows:

• Count I (First-Degree Murder) — Death
• Count II (Kidnapping) — Life

The sentencing judge was The Honorable Barbara Fleischer.

Appeals

Crain filed a direct appeal with the Florida Supreme Court on 03/27/00 citing:

• failing to establish sufficient evidence of premeditation and kidnapping with intent to commit homicide
• giving different jury instructions on the elements of kidnapping
• relying on an aggravating circumstance not proven by the evidence
• unconstitutionality of Florida’s death penalty scheme

On 10/28/04, the Florida Supreme Court affirmed the convictions and sentences.

Crain filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/25/05, and the petition was denied on 10/03/05.

Outcome

Crain remained sentenced to death as of the provided material.

Aftermath

After Crain’s formal sentencing, his daughter Patricia Davis said that her father deserved the death if he really abducted and killed Brown. Davis also said that Crain told her everyday that he was innocent and that she believed him. Davis explained Crain’s apparent approval of his death sentence by saying that he preferred to die rather than spend the rest of his life in a lonely prison.

Other details

Case information included Florida Supreme Court opinion SC00-661 and DC# 096344. Date of birth was 04/23/46. The offence date was 09/10/98. Case # 98-17084 was listed for the Thirteenth Judicial Circuit, Hillsborough County.