Edward T. James

Case record: Edward T. James

Background

Edward T. James, also known as Edward James, Edward T. James, or Edward Matlack, was described as having the most violent, leering face shown on America's Most Wanted.

Edward James was a close friend invited to stay at Betty Dick’s home. Edward James attended a party on the evening of September 19, 1993, at Todd Van Fossen’s house.

Edward James lived approximately two blocks away in a room he rented from victim, Betty Dick.

Betty Dick had moved to Casselberry, FL after her husband died. Betty was watching children, including four grandchildren who were sleeping in the living room: Wendi Neuner and Toni Neuner, and two other grandchildren.

Wendi Neuner came to the doorway of her grandmother’s bedroom, witnessed James using a small knife to stab Betty, and later escaped.

Toni Neuner was eight years old.

Lisa Neuner was the mother of Toni and Wendi, and was away at the time of the offenses.

Tim Dick was the victim’s son. Tim Dick was living at his mother Betty’s house. James talked about going into business with his friend, Tim Dick, but their business fell apart after Edward dedicated his time to doing drugs, specifically crack, angel dust, and later LSD. He also was a heavy alcoholic.

The offence

On September 19, 1993, Edward James attended a party at Todd Van Fossen’s house and remained there from approximately 6 p.m. to 10:30 p.m.

Van Fossen’s girlfriend, Tina, reported that James appeared to be intoxicated. James declined to sleep at her residence when she offered. James consumed between six and 24 beers, in addition to three “shotguns” (three beers funneled one after another).

After leaving the party, James ran into Jere Pearson shortly afterward. Pearson’s residence was near the party, and Pearson was returning from a convenience store. Pearson testified that when he ran into James, James was en route to the residence of the victim’s son, Tim Dick. Pearson and James conversed for about ten minutes.

Pearson witnessed James take ten hits of acid, and said that James appeared to be sober. James briefly visited with Tom Dick and his girlfriend, Nichole, but returned to his room at Betty Dick’s house after drinking some gin.

Upon entering Betty Dick’s house, James noticed Betty’s four grandchildren were sleeping in the living room. Wendi briefly awoke when James entered the house. Wendi said that James appeared drunk and was laughing. James made himself something to eat in the kitchen and then went to his room.

Later, James went back to the living room and grabbed eight-year-old Toni Neuner around the neck. James strangled Toni and claimed he heard the bones pop in her neck. James assumed that Toni was dead and proceeded to have both vaginal and anal intercourse with her after removing her clothing in his bedroom. Toni did not resist or scream, and James threw Toni behind his bed after the rape.

James entered Betty Dick’s room with the intention of having sexual intercourse with her. James then hit the back of Betty’s head with a candlestick. Betty woke up screaming. Betty’s screams woke Wendi Neuner, who came to the doorway of her grandmother’s bedroom and witnessed James using a small knife to stab Betty.

James saw Wendi and grabbed her, tying her up and putting her in the bathroom. James did not think that Betty was dead, so James went to the kitchen to get a butcher knife and returned with the knife to stab Betty in the back. James took off the bottoms of Betty’s pajamas, but did not sexually batter her.

James took a shower with Wendi still in the bathroom to remove the blood that covered him. James then gathered some belongings and clothes from his room and took Betty’s purse and jewelry bag from her room. James got in Betty’s car and drove across the country, stopping occasionally to sell some of Betty’s jewelry.

The autopsy that was performed on Toni revealed that she died as a result of strangulation, but was still alive at the time of the rape. The expert could not determine whether or not Toni was conscious while she was being raped. Betty was stabbed 21 times and died as a result of massive blood loss within a few minutes of the attack.

Investigation

James suffers from drug and alcohol dependency. A psychiatrist determined that James had an addictive personality or a passive aggressive personality.

James could not remember if he had taken LSD prior to committing the offenses. An expert testified that the ingestion of LSD could unmask an underlying psychological problem.

Arrest

James was arrested in Bakersfield, California, on October 6, 1993.

After his arrest, James gave two confessions that were videotaped.

Trial

On 10/19/93, the defendant was indicted with the following counts:

• Count I: First-Degree Murder
• Count II: First-Degree Murder
• Count III: Aggravated Child Abuse
• Count IV: Attempted Sexual Battery/Threatened with a Deadly Weapon
• Count V: Kidnapping During the Commission of a Felony
• Count VI: Grand Theft
• Count VII: Grand Theft Auto

On 04/05/95, the defendant pled guilty to all counts.

On 06/05/95, the jury recommended Death by a vote of 11 to 1 for Counts I and II.

On 08/18/95, the defendant was sentenced.

The sentencing judge was The Honorable Alan A. Dickey.

Trial Attorneys were Gary Anderson and James Figgatt – Assistant Public Defenders Attorneys. Direct Appeal was Michael S. Becker – Assistant Public Defender Attorney. Collateral Appeals were Pro Se.

Trial Summary details of guilty pleas and jury recommendation were provided.

Sentencing

On 08/18/95, Edward James was sentenced as follows:

• Count I: First-Degree Murder – Death
• Count II: First-Degree Murder – Death
• Count III: Aggravated Child Abuse – 15 years
• Count IV: Attempted Sexual Battery/Threatened with a Deadly Weapon – 15 years
• Count V: Kidnapping During the Commission of a Felony – Life sentence
• Count VI: Grand Theft – 5 years
• Count VII: Grand Theft Auto – 5 years

James was sentenced to death on August 18, 1995.

Appeals

A Direct Appeal was filed on 11/09/95.

Issues raised included whether the trial court erred in failing to grant James’ motion for mistrial based on the prosecutor’s improper comments during closing argument and whether the trial court erred in finding the heinous, atrocious, or cruel aggravator as to the murder of Toni Neuner.

The Florida Supreme Court found all of these claims either without merit or harmless and affirmed the conviction and sentence of death on 04/24/97.

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 09/18/97 and denied on 12/01/97.

A 3.850 Motion was filed with the circuit court on 05/27/98 and amended on 03/08/02.

On 04/11/03, James filed a Notice of Voluntary Dismissal and a Faretta hearing was held.

On 04/21/03, the Circuit Court dismissed postconviction counsel and the 3.850 Motion.

Outcome

The Florida Supreme Court affirmed the conviction and sentence of death on 04/24/97.

Other details

Related case and additional convictions (Case # 93-3499)

James was also tried and convicted of the following crimes (Case # 93-3499):

• 06/28/1993 Armed Burglary — 07/20/1994 3 Years
• 06/28/1993 Grand Theft Firearm — 07/20/1994 3 Years
• 09/19/1993 Sexual Battery By Adult on Victim Under 12 — 07/20/1994 Life

Verbatim material included in the narrative

James shouted, "Die, you little bitch."

The victim’s screams included "Why, Eddie, why?"