Jonathan Wesley Stephenson

Background

Jonathan Wesley Stephenson was convicted of hiring a hit man to kill his wife, Lisa Stephenson. Lisa Stephenson was shot in the head with a high-powered rifle in Cocke County in 1989. Stephenson and the hired hit man, Ralph Thompson, disputed which of them fired the fatal shot, but both were convicted in separate trials.

The case involved a contract killing of Lisa Stephenson, the mother of two young children.

The offence

Lisa Stephenson was killed by being shot in the head at close range through the windshield while she sat in the driver’s seat of her car in an isolated area in Cocke County.

Police found Lisa Stephenson sitting in the driver’s seat of her car with a large hole in her forehead, and she had been shot to death through the windshield.

The investigation led police later that night to the home of Ralph Thompson in Morristown, Tennessee, where a high powered rifle was recovered. The rifle smelled as if it had been recently cleaned. Although bullet fragments were later recovered from Lisa Stephenson’s body, it was not possible to establish whether they were fired from that rifle.

An autopsy revealed that Lisa had been shot in the forehead at close range and her hands indicated that she was in a defensive position when she was killed.

Stephenson had offered Thompson and others cash, a boat, a motor, and a truck if they would kill his wife. Stephenson wanted his wife dead because his stripper girlfriend did not know he was married, according to trial testimony. He also feared losing “everything he’d ever worked for” in a divorce.

Investigation

At approximately 10:00 a.m. on December 4, 1989, police were called to investigate a shooting death. They found the victim, Lisa Stephenson, sitting in the driver’s seat of her car with a large hole in her forehead and she had been shot to death through the windshield.

Later that night, police investigated the home of Ralph Thompson in Morristown, Tennessee, where a high powered rifle was recovered. The investigation did not allow bullet fragments recovered from the victim’s body to be matched to that rifle.

David Davenport, a special agent with the Tennessee Bureau of Investigation, interviewed Stephenson at the sheriff’s department about Lisa Stephenson’s murder on December 4, 1989. Davenport recalled Stephenson’s statement that Stephenson had left home at around 7:00 p.m. on December 3, 1989 and gone to Ralph Thompson’s home. Stephenson told Thompson about a job that Thompson might get with the help of Stephenson’s friend. Stephenson stated that he and Thompson went to the friend’s house and stayed there until 10:00 p.m., then went to work.

Stephenson told Davenport that he and his wife were getting along great and did not have any serious disagreements, although he also stated he had a girlfriend. Davenport recalled that Stephenson believed his wife also had a boyfriend but he wasn’t sure who it was. Stephenson told Davenport he would not dream of giving up his wife and that divorce had not been discussed.

Stephenson initially denied trying to hire anyone to hurt his wife. Stephenson told Davenport he did not know anyone who would have killed his wife and offered to take a polygraph test. At 2:15 p.m. the next day, Davenport again met with Stephenson; Stephenson repeated that his wife and he had been to a movie and dinner on the day before her death. Stephenson also repeated that on the day his wife was killed, he had gone to Thompson’s house, then to Robertson’s home, and then to work, leaving about 10:15 p.m., and he denied being involved in any criminal activity.

Later that evening, Davenport again questioned Stephenson. Davenport confronted Stephenson with Thompson, who informed Stephenson that Thompson had given a statement about his involvement in the murder to police. In response, Stephenson told Davenport that the year before, his supervisor had asked Stephenson if he knew anyone who could kill the man’s ex-wife. Stephenson stated he approached Thompson, who agreed to take the “job” for $15,000.

Stephenson stated that on the night of his wife’s murder, he and Thompson went to Robertson’s house and Thompson brought his rifle. Stephenson stated he stayed at Robertson’s house for two hours. Thompson left and returned, said “it” was done, and gave Stephenson two rifle shells. Stephenson stated he had no idea his own wife had been killed until he was notified later that night.

Stephenson further stated that after the murder, he asked Thompson why Thompson had killed his wife. Thompson replied that he didn’t know it was her. Davenport confronted Stephenson with the inconsistency, telling him Davenport did not believe Stephenson and that Stephenson’s supervisor had told a different story. Stephenson then admitted that his initial statement was not true.

Stephenson admitted that he and Thompson planned to kill Lisa, but he stated that he did not pull the trigger. Davenport confronted Stephenson; Stephenson’s account stated that Stephenson picked up Thompson, who was carrying a rifle. The two men went to Robertson’s house for a few minutes at about 7:15 p.m. Stephenson told Robertson to tell anyone who asked that they had remained there until 9:45 p.m. Thompson directed Stephenson to drive down a gravel road in the country and told Stephenson where to stop. Thompson exited the car with the rifle while Stephenson remained in his car and heard a shot. Stephenson drove back down the road and saw his wife’s car, picked up Thompson, and Thompson gave Stephenson two empty rifle cartridges. Stephenson went to work and threw away the cartridges on the way.

Stephenson also told his girlfriend that his wife had gotten into some trouble and he wasn’t able to stop it.

Stephenson concluded his signed statement as follows:

“Ralph asked me if he killed Lisa would I give him my boat, motor and truck and I told him I would. I did not pull the trigger. I did not arrange the set up. Ralph took care of everything.”

Arrest

No arrest details were provided in the case record provided.

Trial

A truck driver who worked with Jonathan Stephenson testified that a few weeks after he became acquainted with Stephenson, Stephenson began talking about wanting to kill someone “practically every time we got together.” The truck driver did not know who the intended victim was, only that Stephenson wanted him to kill the wife of a friend.

The truck driver testified that Stephenson offered various forms of payment in exchange for the killing including cash, insurance proceeds, and a boat and motor. Stephenson told him that the victim lived out in the country and offered various ways she could be shot and killed. One night, Stephenson brought a handgun to work and told the truck driver he had the money with him. The truck driver refused to become involved in any such killing. A few weeks after the last discussion, the truck driver returned from a road trip and learned through a newspaper article about Lisa Stephenson’s murder.

Michael testified that he met Stephenson through a friend named Ralph Thompson. In the fall of 1989, during a discussion among Michael, Thompson, and Stephenson, Stephenson offered him $5,000 to kill his wife. Stephenson suggested Michael go to his mobile home and shoot his wife with a rifle as she sat on the couch. Stephenson stated that his wife intended to divorce him and “take everything he’d ever worked for” and said this was the reason he wanted her killed. Michael stated they never discussed killing Stephenson’s wife again.

Michael testified that he next saw Stephenson on December 3, 1989, the day of the murder. Michael and Thompson went to Stephenson’s house to cut firewood and then went to Thompson’s house to watch movies. Stephenson arrived that evening and reminded Thompson about a job interview. Thompson changed clothes and left with Stephenson. Thompson later returned alone.

On cross-examination, Michael testified that Thompson had a key to a fishing boat owned by Stephenson and a key to Stephenson’s truck. Michael stated he and Thompson had permission to take the truck and boat and go fishing whenever they liked. Michael acknowledged that Thompson owned a hunting rifle.

Julie testified that in 1989 she was single and living in La Follette, Tennessee. She met Stephenson that year at a bar in Knoxville and the two began dating. Stephenson told Julie he had a son and had been married, but that his wife, Lisa, had been killed in a car accident five years earlier.

Julie testified Stephenson told her that after his wife’s death, Stephenson developed a relationship with his wife’s sister and they had a child together. Julie stated her relationship with Stephenson was “serious” and they had discussed marriage.

Julie testified that the weekend before Lisa Stephenson’s murder, Julie accompanied Stephenson to a K-Mart where he bought rifle ammunition. Julie testified that on the afternoon on the day of the murder, she and Stephenson were supposed to meet. Instead, they spoke on the telephone and agreed to meet at 8:00 o’clock that evening. However, they did not meet and Julie did not hear from Stephenson again until 10:30 that night when he called and instructed her to meet him in Harrogate, Tennessee.

Julie met Stephenson at a Hardee’s restaurant. Stephenson informed her that “Kathy” was dead. Stephenson explained that he and Ralph Thompson had gone to a place where Kathy was meeting with people to whom Kathy owed money, and Stephenson said when he and Thompson arrived Kathy was already dead. Julie testified Stephenson told her that he and Thompson fought the two men that had killed Kathy and left them for dead. Stephenson told Julie that the police “were in with the people” that killed Kathy.

Asked about his children, Stephenson told Julie they were with Kathy’s father. Julie testified Stephenson commented about Kathy, “I didn’t love her, but I’m going to miss the bitch.”

The next morning, Stephenson called Julie at her office and told her he had been called in for questioning. The following day, Julie learned the woman Stephenson had been referring to as “Kathy” was actually his wife, Lisa. Julie read a letter Stephenson wrote to her from jail in December 1989. In the letter, Stephenson stated he told his wife about Julie and asked Julie not to “get involved with this.” He denied killing Lisa, hinting Lisa was “involved with some powerful people.” He said “David and Ralph” are both involved and asked Julie not to say anything about the time he and she had met at Hardee’s. Stephenson told Julie he loved her. Julie agreed everything Stephenson had told her was a lie.

On re-direct examination, Julie testified that Stephenson gave her a ring in November 1989. She also recalled a time when she traveled with Stephenson to his father’s home near St. Louis. Upon their arrival, Stephenson hitched up a boat and told Julie he did not want to go inside because Stephenson’s children were staying with his father and would want to return to Tennessee with Stephenson if they saw him. Stephenson and Julie returned to Tennessee, and the boat was stored at Julie’s house. Julie later told authorities about the boat and it was seized.

Julie testified Stephenson owned another boat, different from the one they picked up in St. Louis.

David Davenport testified as a special agent with the Tennessee Bureau of Investigation, and his testimony included Stephenson’s account of what happened on December 3, 1989 and Stephenson’s admissions to planning the killing while denying that he pulled the trigger.

Stephenson’s father testified that he owned a boat that he discovered missing one morning, and he reported it stolen. He stated he had not given Stephenson permission to take the boat. Near the end of Stephenson’s trial, Davenport informed Stephenson that Stephenson’s boat had been found chained to a tree at Julie’s house and could be picked up from police storage. Stephenson did not know how the boat got to Julie’s house and did not know his son had taken the boat. On further examination, Stephenson stated he had permission to use the boat when he wanted.

The victim’s father testified he lived in a mobile home in a wooded area of Hamblen County. His daughter had another mobile home she shared with her family at the back of the same property. On December 3, 1989, he and his wife worked the “graveyard shift,” returning home at 7:00 a.m. Around noon, he became concerned after not noticing any activity at his daughter’s house. He explained that his daughter did not work outside the home but painted figurines for a local company which allowed her to stay home and care for her children. He knocked on her door and found his 4-year old grandson eating from a box of cereal. The child had prepared a bottle for his 8-month old brother. He took the children to his home and began looking for his daughter. When he arrived home, authorities were there and told him his daughter had been murdered. He testified he and his wife adopted the children and had raised them since his daughter’s death.

The victim’s father identified a ring as one he brought back from a tour of duty in Korea. He stated he gave it to his grandson when he was born and his daughter kept it in a locked jewelry box. He testified he had not given Stephenson permission to give the ring to his girlfriend but had noticed the ring on Julie’s finger during Stephenson’s trial. After the sheriff spoke to Julie, she returned the ring. He testified Stephenson had not tried to contact his children and had never expressed remorse or sorrow for Lisa Stephenson’s murder.

Sentencing

A Cocke County jury sentenced Stephenson to death.

In 1990, Stephenson was first sentenced to death on October 19, 1990. He also received a 25 year sentence for conspiracy to commit murder.

In 1994, the state Supreme Court vacated Jonathan Stephenson’s death sentence because of a procedural error and sent the case back to Cocke County for a new sentencing hearing.

Under a deal offered by District Attorney General Al Schmutzer, Stephenson was to be sentenced to life without parole for murdering Lisa Stephenson and another 60 years for plotting with Thompson to kill her. Stephenson took the deal but then appealed.

In a subsequent decision, the state Supreme Court ruled the law allowing a sentence of life without parole was not on the books when the slaying occurred. The court again took Stephenson off death row, and the high court ordered a new sentencing hearing.

After Schmutzer offered no deal, a jury again sentenced Stephenson to death, and the Tennessee Supreme Court upheld the death sentence.

The Tennessee Supreme Court set an Oct. 11, 2006, execution date for Stephenson, who had appeals remaining.

Stephenson was resentenced to life in prison without parole in 1994 and resentenced to death in 2006.

Appeals

The Tennessee Supreme Court vacated Stephenson’s death sentence in 1994 due to a procedural error.

Stephenson later appealed after the state’s Supreme Court set aside the reduced sentence, and the Tennessee Supreme Court again sided with Stephenson, ruling the law allowing a sentence of life without parole was not on the books when the slaying occurred. The high court again took Stephenson off death row.

Stephenson later argued it was unfair for him to be put to death when Thompson was allowed to live for the same crime.

In an opinion released Friday, the Tennessee Supreme Court disagreed with that argument. The opinion was written by Justice Janice M. Holder.

Holder wrote:

“In the present case, the defendant's relationship to the victim and his role as leader in instigating and planning the murder distinguishes him from Thompson,” Holder wrote. “Moreover, this court has upheld death sentences in murder-for-hire cases where the actual killer received a sentence of life imprisonment.”

Retiring Justice Adolpho A. Birch Jr. issued a lone dissent calling the majority to task for one of its legal conclusions and the panel’s overall standard of reviewing death sentences for fairness.

Birch wrote:

“I respectfully dissent from that portion of the majority's opinion concluding that the Sixth Amendment right to confrontation of witnesses and the state constitutional right to confront witnesses 'face-to-face' does not apply to capital sentencing hearings,” Justice Birch wrote.

The court also stated it would conduct comparative proportionality review in each death penalty case to determine whether the sentence was disproportionate to the penalties in similar cases.

Holder wrote the majority’s comparative proportionality framing, quoting an earlier case, State v. Bland:

Quoting an earlier case, State v. Bland, she wrote that the court's objective is not to "'prove that a defendant's death sentence is perfectly symmetrical, but to identify and to invalidate the aberrant death sentence.'"

Holder wrote:

“We conclude that the sentence of death has not been imposed arbitrarily, that the evidence supports the jury's finding of the statutory aggravating circumstance, that the evidence supports the jury's finding that the aggravating circumstance outweighs the mitigating circumstances beyond a reasonable doubt and that the sentence is not excessive or disproportionate,” Justice Holder wrote.

Chief Justice William M. Barker and Justices E. Riley Anderson and Cornelia Clark concurred in the decision filed Friday.

The Associated Press report also described that in a separate concurring and dissenting opinion Birch agreed that Stephenson’s convictions should be affirmed but disagreed about the majority’s conclusion on the Sixth Amendment confrontation right and the state constitutional “face-to-face” right applying to capital sentencing hearings.

The Associated Press report stated that the decision upholds a decision of the Court of Criminal Appeals, which also found Stephenson’s claims to be without merit.

The court found:

“Having carefully reviewed the record and relevant legal authority, we conclude that none of the errors alleged by the defendant warrants relief,” Justice Janice M. Holder wrote for the majority.

Outcome

The Tennessee Supreme Court affirmed the death sentence that a Cocke County jury imposed on Stephenson for his role in the contract killing of his wife, Lisa Stephenson, who was shot at close range after being lured to a remote area.

The high court also upheld the judgment that rejected all issues raised by Stephenson in his appeal.

Stephenson received resentencing outcomes after the Supreme Court decisions: his death sentence was vacated in 1994 due to procedural error, resulting in life without parole and a 60-year sentence for conspiracy/plotting as described, and then he was resentenced to death in 2006 after another sentencing hearing.

Other details

Stephenson’s co-defendant, Ralph Thompson, Jr., received a life sentence for the murder and an additional 25 years for conspiracy to commit murder. Thompson’s trial was moved because of publicity surrounding Stephenson’s trial. Each defendant blamed the other for the actual shooting.

During trial testimony, Julie described that Stephenson called the victim “Kathy” after the murder and told Julie “I didn’t love her, but I’m going to miss the bitch.” Julie later learned that “Kathy” was Lisa Stephenson.

Julie testified Stephenson gave her a ring in November 1989, and the victim’s father testified he did not give permission for the ring to be given to Julie but noticed it on Julie’s finger during Stephenson’s trial.

Stephenson’s father testified he discovered the boat missing one morning and had reported it stolen. Stephenson’s boat was later found chained to a tree at Julie’s house and could be picked up from police storage.

Stephenson told Julie that his police were “in with the people” that killed Kathy.

Stephenson’s father testified that Stephenson had never expressed remorse or sorrow for Lisa Stephenson’s murder and had not tried to contact the children.

The record included that Stephenson’s execution date had been set for October 2006 and that he was entitled to another round of federal appeals.

The record also included mention of the procedural sequence in which the Tennessee Supreme Court took Stephenson twice off death row and then, after a new sentencing hearing, upheld a death sentence again.