Bobby Lee Hines

Case record: Bobby Lee Hines

Bobby Lee Hines was convicted of capital murder and was sentenced to death by a Dallas County jury.

The offence

On October 19, 1991, Mary Ann Linch went to the apartment of her friend Michelle Wendy Haupt in Carrollton, Texas, to spend the weekend. Linch brought a Marlboro cigarette carton in which only four packs remained. Linch purchased the cigarettes at Brookshires’ in Corsicana, Texas, and the carton contained a stamp showing “Brookshires’ Store” on the side. Linch left the carton at Haupt’s when they left that evening to go to a nightclub. Linch had intended to return to Haupt’s, but instead spent the night with another friend.

During the evening, Haupt became ill. Another friend drove Haupt back to her apartment and then left. He testified that Haupt locked the door behind him. Haupt was wearing a gold sand-dollar charm necklace that she always wore.

Meanwhile, at Haupt’s apartment complex, Hines appeared uninvited at a party. When the hostess asked him who he was, he identified himself as the brother of the apartment manager. He told another guest that he was part of the maintenance crew at the complex. He pulled out a ring of keys and stated that he could get into any apartment he wanted at any time.

At approximately 6:00 a.m. on October 20, 1991, Haupt’s next-door neighbor heard a woman screaming. The neighbor could not determine the source of the screams, but his wife called the police. Two police officers were dispatched to the scene, but the screaming had ended before they arrived. After inspecting the premises, the officers could not determine where the screams had come from and they eventually left.

Two other residents in the apartment directly below Haupt’s also heard screaming loud enough to awaken them. One of the residents testified that he also heard other loud noises that sounded “like a bowling ball being dropped on [Haupt’s] floor.” He heard this noise at least 20 times. The screaming lasted for approximately 15 minutes. The resident of an adjacent downstairs apartment also heard the screaming. Just before noon that morning, the residents discussed what they had heard and became concerned for Haupt.

Eventually, the apartment leasing manager was persuaded to check Haupt’s apartment. After knocking and receiving no answer, the manager opened the door and saw Haupt lying on the floor just inside the door. The cord was around her neck, her face was black, and she appeared to be dead. The manager had someone call an ambulance. Haupt was found dressed in only a robe and lying face up on the floor.

There were puncture wounds to Haupt’s chest area. The cord from the stereo was wrapped around her neck. The robe was stained with blood, but it had no holes to correspond with the puncture wounds to Haupt’s body, indicating the robe was placed on her body after the wounds were inflicted. Further, the belt to the robe was tied tighter than a person would normally tie it against her own body. An object appearing to be an ice pick was found on the nearby couch.

Hines’ fingerprint and bloody palm print were found within the apartment.

Dr. Jeffrey Bernard, the Dallas County Chief Medical Examiner, testified that the cause of Haupt’s death was strangulation and puncture wounds. He testified that Haupt had stereo speaker wire drawn tightly around her neck, abrasions to her neck and jaw, contusions on her neck, and a fractured hyoid bone. The court heard that Haupt had approximately 18 puncture wounds and hemorrhaging. Barnard testified that the puncture wounds could have been made by the object found on the couch. In additional testimony described later, Haupt had puncture wounds not only to her chest area but also to her right flank area, her back, the interior wall of her vagina, her left upper extremity, and her right thigh, and she had rectal tears with hemorrhaging.

Later the same day, Hines was found to be in possession of Haupt’s gold sand-dollar charm. He had blood on some of his clothing, as well as scratches under his eye, and on his neck and cheek.

Other objects from Haupt’s apartment, including the Brookshires’ cigarette carton, were found under the couch where Hines had been sleeping.

When Hines was arrested, witnesses described him as having scratches on his face and neck, including a scratch under his right eye, scratches to the left side of his neck, and a scratch on his cheek. DNA testing conducted on a bloodstain found on Hines’ underwear indicated that the blood was consistent with Haupt’s blood.

Investigation

Police interviewed Hines and noticed scratches on his face and neck. Police got consent from his roommate to search the apartment. Detectives found Haupt’s blood on Hines’ clothing and several things that had belonged to her, including a distinctive gold charm she wore on a necklace.

His thumbprint was described as being found on the inside of the front door.

Arrest

Hines was arrested on October 20, 1991, after Haupt was found dead just inside the door of her apartment.

Hines’ older brother, a manager at the complex, told police he suspected Hines was involved.

Trial

On October 21, 1991, Hines was charged by an indictment filed in the 204th District Court of Dallas County, Texas, with the capital crime of knowingly and intentionally causing the death of Michelle Wendy Haupt by strangulation and stabbing, during the course of committing burglary of Haupt’s habitation.

In March 1992, Hines was convicted and sentenced to death by a Dallas County jury.

Hines was convicted of capital murder on March 19, 1992, and sentenced to death.

Sentencing

During the penalty phase of Hines’s trial, the State presented evidence that Hines was removed from high school for pulling a knife and trying to cut another student after the student refused to give Hines a sheet of paper. Hines threatened to kill the student and had to be forcibly removed from the classroom and restrained in the principal’s office. The principal felt Hines presented a danger to other students and staff.

The jury also learned that Hines had been in trouble in school on several other occasions and had exhibited prejudice against minorities.

A police officer testified that Hines had a bad reputation for being a peaceful and law-abiding citizen.

Hines’ former juvenile probation officer, Gary Marlowe, testified:

• Hines was referred to Marlowe who counseled and released him in April 1985;
• shortly thereafter, Hines was placed on an “informal adjustment,” where the parents, the offender, and the probation officer agree to contractual conditions in an effort to avoid court;
• in February 1986, Hines was placed on juvenile probation for the school fight;
• in April 1986, Hines escaped custody while being transported from a detention facility in Texarkana, where he was being held for possession of a stolen car; as a result of the escape, Hines was placed in the Texas Youth Commission (TYC);
• in January 1989, Hines was committed to TYC again after he attacked an elderly lady and burglarized a church; and
• Hines was a legitimate risk to society, was dangerous and unpredictable, and Hines falls into a category of persons who is likely to commit further acts of violence.

The jury also heard that in May 1990, Hines pled guilty to burglary of a building and was sentenced to 10 years of probation to begin after completing boot camp. In October 1990, Hines again pled guilty to burglary of a habitation and was placed on 10 years of probation.

Appeals

On May 10, 1995, the Texas Court of Criminal Appeals affirmed Hines’s conviction and sentence.

On February 24, 1999, the Texas Court of Criminal Appeals denied his petition for writ of habeas corpus.

On January 22, 2002, the U.S. District Court denied a petition for federal writ of habeas corpus.

On December 31, 2002, the Fifth Circuit Court of Appeals also denied a COA.

The U.S. Supreme Court denied certiorari review on October 6, 2003.

An execution date was scheduled for December 11, 2003, but was stayed on December 9, 2003.

On November 23, 2005, the Texas Court of Criminal Appeals denied Hines’s mental retardation claim.

On February 2, 2006, Hines received authorization from the Fifth Circuit to appeal.

On August 26 and 27, 2009, U.S. Magistrate Kaplan held an evidentiary hearing on retardation claim. On March 22, 2010, Magistrate Kaplan recommended that relief be denied. On August 18, 2010, the district court adopted those findings and denied relief with prejudice.

The district court denied Hines’s motion to alter and amend judgment on April 4, 2011.

The Fifth Circuit denied Hines’s subsequent request for a COA on December 27, 2011.

The Supreme Court denied Hines’s petition for writ of certiorari on May 14, 2012.

An execution date was scheduled for June 6, 2012, but it was voluntarily withdrawn to conduct DNA testing on fingernail clippings collected from Haupt’s body. The trial court reset his execution date for October 24, 2012.

Aftermath

On October 24, 2012, Texas prison officials executed Bobby Lee Hines.

Hines was pronounced dead at 6:28 p.m. local time (2328 GMT).

Hines was put to death by lethal injection at a state prison in Huntsville, Texas.

Before his execution, he was asked to make a final statement. He asked Haupt’s family for forgiveness:

“To the victim's family, I am sure I know that I took somebody special from y'all,” Hines said. “I know it wasn't right, it was wrong.” He also said that God has forgiven him and that being locked up for the rest of his life would have been more of a punishment.
“I wish there was some other way to show I'm sorry,” he said.

In additional final remarks described, he said:

“I know that I took somebody special from y'all,”
“I know it wasn't right, it was wrong. I wish I could give it back, but I know I can't. If giving my life in return makes it right, so be it. I ask that y'all forgive me.”

He declared that life in prison would be a worse punishment and stated he was “going home.”

Other details

Prior criminal history (as presented during penalty phase and described in related proceedings)

During the penalty phase, the jury was presented evidence of school-related misconduct, including the incident involving a knife and a threatened attack against another student after the student refused to give Hines a sheet of paper.

Hines had a history of juvenile probation, juvenile probation violations, confinement in the Texas Youth Commission (TYC), and an escape while being transported.

Hines’ former juvenile probation officer, Gary Marlowe, described counseling and release in April 1985, placement on an “informal adjustment,” placement on juvenile probation in February 1986 for a school fight, escape in April 1986 while being transported in Texarkana for possession of a stolen car leading to placement in TYC, commitment in January 1989 after attacking an elderly lady and burglarizing a church, and assessments that Hines was dangerous and unpredictable and likely to commit further acts of violence.

The jury also heard that in May 1990 Hines pled guilty to burglary of a building and received a 10-year probation sentence to begin after boot camp, and in October 1990 he pled guilty to burglary of a habitation and was placed on 10 years of probation.

Victim

Michelle Wendy Haupt was found dead on the floor of her apartment, lying face up on the floor and dressed only in a robe. She was described as 26 years old in connection with the execution reporting, and the case described her as the victim of strangulation and puncture wounds, including rectal tears with hemorrhaging.