Frank Athen Walls

Overview

Frank Athen Walls was convicted in connection with the murders of Edward Alger and Ann Peterson, which occurred on 07/22/87. He was sentenced to death on 08/24/88 and later resentenced to death on 07/29/92.

Timeline

• 07/22/87 — Frank Walls entered the mobile home of Edward Alger and Ann Peterson with the intention of committing a burglary, restrained both victims, killed Edward Alger and Ann Peterson, and the bodies were discovered later that day.
• 08/10/87 — Walls was indicted on multiple counts, including first-degree murder counts for Alger and Peterson.
• 05/19/87 — An incident for which Walls was convicted of First-Degree Murder and Burglary/Assault.
• 08/24/88 — Walls was sentenced: unarmed burglary/dwelling, first-degree murder (Alger), first-degree murder (Peterson) resulting in death, armed burglary/dwelling, kidnapping counts, and petit theft.
• 04/11/91 — The Florida Supreme Court reversed Walls’ convictions and death sentence and remanded for a new trial due to violations of constitutional rights during pretrial detention.
• 06/18/92 — At retrial, the jury found Walls guilty as charged.
• 06/19/92 — At advisory sentencing after retrial, the jury recommended life imprisonment for the murder of Edward Alger and recommended the death penalty for the murder of Ann Peterson.
• 07/29/92 — Walls was resentenced to the same death sentence structure for Ann Peterson as well as other terms for the remaining counts.
• 11/18/88 — Walls filed a direct appeal in the Florida Supreme Court challenging constitutional rights violations during pretrial detention.
• 07/07/94 — The Florida Supreme Court affirmed Walls’ convictions and death sentence after his direct appeal challenging voir dire procedures and other claims.
• 10/05/94 — Walls pleaded no contest to a third 1987 murder and admitted he had killed two other women as well.
• 11/25/94 — Walls filed a Petition for Writ of Certiorari in the United States Supreme Court, later denied.
• 01/23/95 — The United States Supreme Court denied Walls’ petition.
• 03/17/97 — Walls filed a 3.850 Motion in the State Circuit Court.
• 01/27/03 — The 3.850 Motion was denied.
• 04/08/03 — An appeal of the denial was filed; Walls also filed a 3.850 Appeal in the Florida Supreme Court on this date.
• 02/09/06 — The Florida Supreme Court affirmed the denial of Walls’ 3.850 motion.
• 06/18/03 — Walls filed another 3.850 Motion in the State Circuit Court.
• 09/11/03 — The second 3.850 Motion was dismissed as successive.
• 11/06/03 — Walls filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 02/09/06 — The Petition for Writ of Habeas Corpus in the Florida Supreme Court was denied.
• 05/26/06 — Walls filed a Petition for Writ of Habeas Corpus in the United States District Court, North District; it remained pending.
• 08/24/92 — Walls filed another direct appeal in the Florida Supreme Court challenging voir dire and deliberation claims, and the treatment of aggravating and mitigating circumstances.

Background

Frank Athen Walls was born 10/12/67.

Walls was diagnosed with bipolar mood disorder when he was a teenager. He was treated with lithium and discontinued taking it in adulthood.

A psychologist testified at trial that Walls’ IQ had substantially declined in the years prior to his trial and that he was impaired at the time of the murder.

The offence

Events on 07/22/87 involving Edward Alger and Ann Peterson

In the early morning of 07/22/87, Walls entered the mobile home of Edward Alger and Ann Peterson with the intention of committing a burglary. Walls purposefully knocked over a fan while entering the house, waking both Alger and Peterson. When Alger and Peterson came to investigate, Walls told Alger to lie on the floor and had Peterson tie his hands behind his back, bind his ankles and gag him. Walls then told Peterson to lie on the floor so he could restrain her in the same manner. Alger freed himself from the restraints and attacked Walls.

During the struggle, Walls cut Alger’s throat with a knife he had brought. Alger then bit Walls’ leg, causing Walls to drop his knife. Walls then shot Alger in the head three times.

Walls returned to where Peterson was restrained, found her crying and attempting to speak through the gag, removed the gag from her mouth and untied her. After learning Alger was dead, a struggle ensued between Walls and Peterson, during which time Walls tore off Peterson’s clothes. Walls then shot Peterson in the back of the head. Peterson survived the first shot and continued to scream. Walls forced Peterson’s face into a pillow and fatally shot her again.

The bodies were discovered later that day when Alger failed to show up for work.

Additional admitted murders (reported after conviction)

Walls, already convicted of two 1987 slayings, pleaded no contest to a third 1987 murder and admitted he had killed two other women as well. The account described five victims slain in the Fort Walton Beach area during a spree that spanned 1985-87. Walls was described as being 17 to 19 years old at the time of the killings, and 26 at the time of the 10/05/94 court appearance.

The plea was for the murder of Audrey Gygi, 47, who was stabbed May 20, 1987, in her trailer at 343 Duval St., Ocean City. The agreement described a “substantive interview” with sheriff’s investigators.

Walls admitted killing:

• Tommie Lou Whiddon, 19, of Valparaiso; her throat was cut while she sunbathed on Okaloosa Island on March 26, 1985.
• Cynthia Sue Condra, 24, of Wright; she was stabbed 21 times and left beside a clay road north of Lewis Turner Boulevard on Sept. 16, 1986.

All five victims were described as slain on a Tuesday or before dawn Wednesday, and all except Peterson were described as killed with a knife. Peterson was described as shot; Alger was described as shot and slashed.

Investigation

Investigators obtained a warrant to search Walls’ mobile home based on information provided by Walls’ former roommate, who lived near the victims. Investigators seized evidence from Walls’ residence linking him to the murders, which led to his arrest.

A later account described the Gygi case as being resurrected with the advent of DNA technology capable of decisively linking samples of tissue to individuals. Tests tied Walls to Gygi’s murder and led to his indictment.

It also stated that the prosecutor read the factual basis for Walls’ plea and sentence into the record, revealing that the sample was “a semen stain located on a bed sheet.”

The account further described that Dr. Edmund Kielman, then deputy medical examiner, concluded Gygi was not sexually assaulted. Family members said they were first told by lawmen that Gygi was raped, then told that she was not.

Arrest

Walls was arrested after investigators seized evidence from his residence linking him to the murders.

Trial

Indictment counts (08/10/87)

Walls was indicted on multiple counts:

• Count I: Armed Burglary/Dwelling later reduced to Unarmed Burglary/Dwelling
• Count II: Armed Burglary/Conveyance later dismissed
• Count III: Auto Theft later dismissed
• Count IV: First-Degree Murder (Alger)
• Count V: First-Degree Murder (Peterson)
• Count VI: Armed Burglary/Dwelling
• Count VII: Possession of Burglary Tools later dismissed
• Count VIII: Kidnapping (Alger)
• Count IX: Kidnapping (Peterson)
• Count X: Grand Theft later reduced to Petit Theft

Verdicts (07/18/88)

On 07/18/88, the jury found Walls guilty on Counts I, IV, V, VI, VIII, IX, X.

Advisory sentencing (07/19/88)

On 07/19/88, the jury recommended life imprisonment for the murder of Edward Alger. For the murder of Ann Peterson, it recommended the death penalty by a 7 to 5 majority.

Sentencing (08/24/88)

On 08/24/88, Walls was sentenced as follows:

• Count I: Unarmed Burglary/Dwelling — 5 years
• Count IV: First-Degree Murder (Alger) — Life in Prison
• Count V: First-Degree Murder (Peterson) — Death
• Count VI: Armed Burglary/Dwelling — 20 years
• Count VIII: Kidnapping (Alger) — 20 years
• Count IX: Kidnapping (Peterson) — 20 years
• Count X: Petit Theft — 60 days

Appeals

Florida Supreme Court reversal (04/11/91)

On 04/11/91, the Florida Supreme Court reversed Walls’ convictions and sentence of death and remanded for a new trial because his constitutional rights were violated during his pretrial detention.

A direct appeal in the Florida Supreme Court was filed 11/18/88. In that appeal, Walls argued that his constitutional rights were violated during pretrial detention.

The account of that appeal described:

• Vickie Beck, a correctional officer, was asked to conduct surveillance on Walls due to suspected involvement in other murders.
• Beck befriended Walls and led him to believe that anything he told her would be confidential.
• Beck instructed Walls not to inform his lawyer of their interaction.
• Beck’s observation notes were later used in evaluating Walls’ competency to stand trial.
• Two expert witnesses testified that Walls was competent based on notes provided by Beck.
• Walls argued his constitutional rights were violated as a result of Beck’s actions.
• The Florida Supreme Court found that the trial court erred in allowing illegally obtained statements to be used against Walls, reversed Walls’ convictions and death sentence, and remanded for a new trial.

Direct appeal after retrial (08/24/92; affirmed 07/07/94)

On 08/24/92, Walls filed a direct appeal in the Florida Supreme Court after resentencing. He challenged voir dire procedures, argued his jury was kept in deliberations for exhausting hours, and challenged the consideration and application of aggravating and mitigating circumstances. The Florida Supreme Court found no error and affirmed Walls’ convictions and sentence of death on 07/07/94.

U.S. Supreme Court petition (11/25/94; denied 01/23/95)

On 11/25/94, Walls filed a Petition for Writ of Certiorari in the United States Supreme Court. It was denied on 01/23/95.

3.850 and habeas history

Walls filed a 3.850 Motion on 03/17/97, which was denied on 01/27/03. An appeal was filed 04/08/03. Walls filed a 3.850 Appeal in the Florida Supreme Court on 04/08/03; on 02/09/06, the Florida Supreme Court affirmed the denial.

Walls filed another 3.850 Motion in the State Circuit Court on 06/18/03, which was dismissed as successive on 09/11/03.

On 11/06/03, Walls filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. It was denied on 02/09/06.

On 05/26/06, Walls filed a Petition for Writ of Habeas Corpus in the United States District Court, North District, which was pending.

Retrial and resentencing

Verdicts (06/18/92)

At retrial, on 06/18/92, the jury found Walls guilty as charged.

Advisory sentencing (06/19/92)

On 06/19/92, the new jury recommended life imprisonment for the murder of Edward Alger and recommended the death penalty for the murder of Ann Peterson by a 12 to 0 majority.

Resentencing (07/29/92)

On 07/29/92, Walls was resentenced as follows:

• Count X: Petit Theft — 60 days

Other details

Venue and judges

The case was identified as Frank A. Walls v. State of Florida, with Florida Supreme Court opinion 80364, opinion SC03-633, and DC #112850. The matter involved the First Judicial Circuit, Okaloosa County, Case #87-856-A. Venue was changed to the Fourteenth Judicial Circuit, Jackson County.

The sentencing judge and resentencing judge were both identified as The Honorable G. Robert Barron.

Defence and prosecution personnel listed

Trial attorney: Earl D. Loveless — Assistant Public Defender. Retrial attorneys: Earl D. Loveless & James C. Sewell — Assistant Public Defenders. Direct appeal attorney: W.C. McLain — Assistant Public Defender. Direct appeal resentencing attorney: **W.C. Collateral appeals: Harry Brody, Esq. — Registry.

Statements and individuals named in the 10/05/94 plea account

The 10/05/94 account named:

• Stephen Cobb, described as Walls’ defense lawyer.
• Prosecutor James Parker, who revealed information about the semen stain sample.
• Dr. Edmund Kielman, described as the deputy medical examiner.
• Investigator Dennis Hailey of the Florida Department of Law Enforcement.
• Myrtle Blackburn of Molino, described as Gygi’s sister.
• Al Boyd of Pensacola, described as Gygi’s brother.
• Circuit Judge Jack Heflin, who sentenced Walls after the no-contest plea.

Verbatim quotations included in that account were:

• Defense counsel Stephen Cobb described the interview as: “substantive interview”.
• The prosecutor James Parker said: “a semen stain located on a bed sheet.”
• Investigator Dennis Hailey was paraphrased by Myrtle Blackburn as saying: “Hailey said Frank Walls broke in and raped her and left,”.
• Al Boyd said: “Like any woman who had been raped, Audrey wanted to take a shower and wipe the filth and the crud off her. When she got out of the shower, he had come back and was waiting for her. He thought she'd identify him, so he killed her to shut her up.”
• Phillip Gygi asked Heflin: “She loved life; why should (Walls) be spared?”.

Victims and other named individuals in the 10/05/94 account

The account named:

• Audrey Gygi, 47
• Tommi(e) Lou Whiddon, 19
• Cynthia Sue Condra, 24
• Edward Alger Jr. and Ann Peterson as victims in connection with the death sentence then being served
• Myrtle Blackburn (Molino), Al Boyd (Pensacola), and Phillip Gygi (described as Gygi’s former husband)
• Phillip Gygi was described as having been married to Audrey Gygi for 31 years and having been divorced 30 days before she was killed.

Plea agreement terms described

The account stated that the agreement that led to the no-contest plea called for Walls to conduct a substantive interview with sheriff’s investigators, and that:

• the state would not prosecute him for the murders he admitted during the interview with investigators, and
• the state would not seek the death penalty for Gygi’s murder.

It further stated that family members objected to the plea bargain and that their views were not put on the record until after sentencing.

Sentences described in the 10/05/94 account

The account stated that Heflin sentenced Walls to a life prison term consecutive with the life term Walls was serving for Alger’s murder, and that each life sentence included a minimum mandatory 25 years before parole could be considered. It also stated that Walls received credit for time served awaiting trial for the Alger-Peterson murders and that he had 18 years left on his sentence for Alger’s murder, and as a result of Wednesday’s plea he faced at least 43 years in state prison.

The account also stated that Walls was under a death sentence for killing Peterson, and that the Florida Supreme Court upheld that sentence in July, with avenues of appeal open through the federal court system.

Finally, the account stated that Heflin sentenced Walls to a concurrent life term (also a 25-year mandatory minimum) on a second charge listed in the indictment: burglary with an assault or battery while armed.

Offence-linked legal categories from the case text

The record reflected charges and convictions including armed burglary/dwelling (reduced to unarmed burglary/dwelling), first-degree murder for both victims, kidnapping for both victims, and theft with grand theft reduced to petit theft.