William Sallie

Case details

William C. Sallie was sentenced to death and convicted by a jury of malice murder and other crimes connected to an attack during his divorce proceedings with his wife, Robin.

Timeline

• March 29, 1990 — Sallie entered the home of his in-laws, where his wife and infant son were staying; armed with a pistol and carrying handcuffs, he cut the telephone lines to the house, shot Robin’s parents (killing his father-in-law and wounding his mother-in-law), abducted his wife and her sister, took them to a trailer he had rented in Liberty County, and raped both women.
• July 10, 1990 — Sallie was indicted by the Bacon County Grand Jury for malice murder, aggravated assault, armed robbery, kidnapping with bodily injury (2 counts), burglary, theft by taking and possession of a firearm during the commission of a felony.
• May 1990 — The trial court appointed Wendell Boyd English as co-counsel to Earl McRae.
• April 1987 to May 1989 — English was employed as the circuit’s law clerk.
• August to October 1990 — English was employed as the circuit’s law clerk.
• December 1990 — English was rehired as the circuit’s law clerk.
• March 25-30, 1991 — Sallie’s trial was held.
• March 1991 — The jury convicted Sallie of the remaining counts and recommended a death sentence for the murder; the trial court imposed additional consecutive sentences.
• April 26, 1991 — Sallie filed a motion for new trial.
• November 1, 1993 — Sallie filed an amended motion for new trial.
• July 28, 1997 — After a hearing, the motion for new trial was denied.
• September 17, 1997 — This case was docketed.
• January 20, 1998 — The case was orally argued.
• 18 May 1998 — The court reversed the convictions and remanded for a new trial due to an actual conflict of interest.

Background

Sallie was embroiled in divorce proceedings with his wife, Robin. In the early morning hours of March 29, 1990, Sallie entered the home of his in-laws, where his wife and infant son were staying. He was armed with a pistol and carrying handcuffs, and he had also cut the telephone lines to the house.

The offence

Sallie proceeded directly to the master bedroom and shot Robin’s parents, killing his father-in-law and wounding his mother-in-law. He then abducted his wife and her sister. He took them to a trailer he had rented in Liberty County and repeatedly raped both women.

In the violent rampage against his ex-wife and her family on March 31, 1990, Sallie shot to death John Lee Moore and wounded John Lee Moore’s wife.

Investigation

The evidence of Sallie’s guilt was held sufficient to support the convictions.

Arrest

After his arrest, the trial court appointed Earl McRae to defend Sallie.

Trial

Sallie’s trial was held from March 25-30, 1991. The jury acquitted Sallie of armed robbery and theft by taking and convicted him of the remaining counts. The jury recommended a death sentence for the murder.

The trial court additionally imposed:

• a life sentence for each kidnapping count,
• twenty years for the burglary,
• twenty years for the aggravated assault,
• five years for the possession of a firearm during the commission of a felony, all sentences to be served consecutively.

The case was a death penalty case. William C. Sallie was convicted of malice murder and other crimes, and the jury recommended a death sentence.

Charges listed at indictment

Sallie was indicted by the Bacon County Grand Jury on July 10, 1990, for:

• malice murder,
• aggravated assault,
• armed robbery,
• kidnapping with bodily injury (2 counts),
• burglary,
• theft by taking,
• and possession of a firearm during the commission of a felony.

Sentencing

The trial court imposed a life sentence for each kidnapping count, twenty years for the burglary, twenty years for the aggravated assault, and five years for the possession of a firearm during the commission of a felony, all sentences to be served consecutively.

Appeals

The appeal addressed a conflict of interest claim involving one of Sallie’s appointed trial lawyers, Wendell Boyd English.

Conflict-of-interest finding and reversal

The court agreed that a conflict of interest effectively denied Sallie his Sixth Amendment right to counsel. Shortly after his arrest, Earl McRae was appointed to defend Sallie. McRae asked for assistance, and the trial court appointed Boyd English as McRae’s co-counsel in May 1990. English represented Sallie until the conclusion of his trial in March 1991.

The court described English’s employment as the sole judicial law clerk for the Waycross Judicial Circuit as conflicting with his role as a defense attorney. The evidence included that English’s employment records showed he was employed as the circuit’s law clerk from April 1987 to May 1989, and from August to October 1990, and that he was rehired in December 1990, four months before Sallie’s trial, and continued until 1996.

The state claimed English was part-time and worked only for the chief judge. English stated in his affidavit that he was hired by the chief judge as his personal law clerk and that he had no contact in his capacity as a law clerk with the other two superior court judges in the Waycross Circuit, including the trial judge. Payroll records, personnel forms, and state-law authorization were described as showing English served the circuit and was paid by the state, and therefore created an actual conflict. The court concluded the conflict was obvious and impermissible in a death penalty case.

The court stated:

“Counsel’s function is to assist the defendant, and hence counsel owes the client a duty of loyalty, a duty to avoid conflicts of interest.”

The court further stated:

“Where a constitutional right to counsel exists, our Sixth Amendment cases hold that there is a correlative right to representation that is free from conflicts of interest.”

The court concluded:

“We have never before addressed a conflict of interest that arises from a lawyer's simultaneous role as criminal defense attorney and law clerk in the same court where he is trying the case.”

The court also concluded:

“We conclude that an actual conflict of interest existed in this case and reverse the convictions.”

The court held Sallie did not waive his right to conflict-free representation:

“Sallie's lawyer represented a capital defendant in the same court in which he was a full-time law clerk.”

And it stated it could not allow the conflict in a death penalty case:

“We cannot allow such a conflict of interest to exist in a death penalty case.”

The court reversed and remanded for a new trial. It held that its disposition of the conflict-of-interest claim made consideration of Sallie’s remaining enumerations of error unnecessary.

Outcome of the appeal

The convictions were reversed and the case was remanded for a new trial.

Outcome

The conflict-of-interest claim resulted in reversal of the convictions and remand for a new trial in the death penalty case.

Aftermath

A motion for new trial was filed and denied as follows:

• Sallie filed a motion for new trial on April 26, 1991.
• Sallie filed an amended motion for new trial on November 1, 1993.
• After a hearing, the motion for new trial was denied on July 28, 1997.

Richard E. Currie, District Attorney, Thurbert E. Baker, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Wesley S. Horney, Assistant Attorney General, appeared for appellee. Palmer C. Singleton III, Christopher M. Johnson, and John R. Thigpen appeared for appellant. The case was decided on 18 May 1998.

Other details

The court’s notes stated that the crimes occurred on March 29, 1990. It also stated:

• Sallie was indicted by the Bacon County Grand Jury on July 10, 1990, for malice murder, aggravated assault, armed robbery, kidnapping with bodily injury (2 counts), burglary, theft by taking and possession of a firearm during the commission of a felony.
• The trial court additionally imposed life sentences for each kidnapping count, twenty years for burglary, twenty years for aggravated assault, and five years for possession of a firearm during the commission of a felony, all sentences consecutive.
• Sallie filed a motion for new trial on April 26, 1991, and an amended motion for new trial on November 1, 1993.
• This case was docketed on September 17, 1997, and orally argued on January 20, 1998.

Key court identification included: SALLIE v. THE STATE, S98P0013 (269 Ga. 446) (499 SE2d 897) (1998), THOMPSON, Justice. The case involved Murder and originated in Bacon Superior Court before Judge Jackson.