Emilia Carr

Case overview

Emilia Lily Carr (born Emilia Yera) was convicted of first-degree murder and kidnapping for the kidnapping and murder of Heather Strong in February 2009 in Marion County, Florida. A jury found Carr guilty after two and a half hours of deliberations on December 7, 2010. Carr was sentenced to death by lethal injection on February 22, 2011.

Carr was one of four women on death row in Florida. At the time of her sentencing, the other women on Florida’s death row were Tiffany Cole, Margaret Allen and Ana Marie Cardona. Carr was also described as the first woman to be sentenced to death in Marion County since the 1992 sentencing of Aileen Wuornos.

Timeline

• February 15, 2009 — Heather Strong was reported missing.
• February 2009 — Heather Strong disappeared while employed at an Iron Skillet restaurant at a Petro gas station next to Interstate Route 75 in Reddick.
• December 2008 — Carr maintained contact with Joshua Fulgham and Heather Strong and babysat Strong’s two children, and Strong and Fulgham became involved in a custody legal battle over their two children.
• January 2009 — Fulgham was arrested for threatening Strong with a shotgun, but was released after the charge of aggravated assault with a firearm was dropped.
• November 2008 — Carr became engaged to Joshua Damien Fulgham, who married Heather Strong one month later.
• March 19, 2009 — Strong’s remains were discovered in a shallow grave near Boardman, near McIntosh, Florida.
• March 24, 2009 — Carr was arrested after investigators noted the frequency of her statements to authorities and recorded undercover audio of Carr discussing details of the crime with Fulgham’s sister.
• March 24, 2009 — Carr and Joshua Fulgham were taken into police custody.
• April 2009 — Emilia Carr and Joshua Fulgham waived their right to a speedy trial during their arraignment for murder.
• June 2009 — Carr delivered her fourth child while in custody at Marion County Jail.
• November 2009 — State Circuit Judge Willard Pope declined Emilia Carr’s request for a continuance of the trial.
• December 7, 2010 — A jury found Carr guilty of first-degree murder and kidnapping after two and a half hours of deliberations.
• December 10, 2010 — The jury voted 7-to-5 in favor of the death penalty for Carr.
• December 13, 2010 — Carr broke her silence from inside the Marion County Jail and claimed she did not kill Heather Strong.
• January 11, 2011 — A hearing was scheduled to give the defendant’s family one last opportunity to plead for a life sentence.
• February 22, 2011 — Carr was formally sentenced to death by lethal injection.
• February 23, 2011 — Carr was placed in the annex at Lowell Correctional Institution in Marion County.
• March 19, 2010 — Strong’s remains were discovered on March 19, 2009 (as stated in the reporting); the record also states this date again in connection with the discovery in a shallow grave.
• April 2012 — Joshua Fulgham went on trial for his alleged participation in the murder.
• March 2008 — Tiffany Cole was sentenced in Duval County in March 2008 for her role in the double murder of a Jacksonville couple.
• October 2002 — Aileen Wuornos was executed in October 2002 after her death sentence for convictions in Marion County.

People

Defendants

• Emilia Lily Carr — defendant; convicted of first-degree murder and kidnapping; sentenced to death by lethal injection on February 22, 2011. She was described as born Emilia Yera, the second of three sisters.
• Joshua Fulgham (Joshua Damien Fulgham) — co-defendant; convicted of first-degree murder and kidnapping; awaiting sentencing at the time Carr was sentenced to death.

Victim

• Heather Strong (26) — victim; resident of Citra, Florida; mother of two; reported missing on February 15, 2009; disappeared in February 2009; died from asphyxiation after being bound to a computer chair with duct tape and having a plastic bag placed over her head.

Family, lawyers, and witnesses named

• Maria Yera (Carr’s mother) — attended Carr’s sentencing; told TV20: “A mother's worst nightmare.” She said: “I didn't think she was going to get the death penalty.”
• Rock Hooker — prosecutor; filed notice of intent to pursue the death penalty.
• Brad King — State Attorney; lead prosecutor; described Carr’s situation and the aggravating circumstances in court.
• Willard Pope (State Circuit Judge) — declined Carr’s request for a continuance of the trial; presided over sentencing and imposed the death penalty.
• Candace Hawthorne — Carr’s court-appointed defense attorney.
• Michele Gustafson — Fulgham’s sister; had a recorded conversation with Carr that prosecutors played for the jury.
• Donald Buie and Brian Spivey — sheriff’s detectives who conducted interviews with Carr and recorded her discussions.
• Larry Spence — Strong’s stepfather; said: “I’m glad it’s over with. I’m glad justice has been served.”
• Carolyn Spence — Strong’s mother; attended the trial; after the verdict said: “I’m relieved.”
• Jamie Acome and Jason Lotshaw — described in Carr’s statements as individuals she told Gustafson and law enforcement that had been identified as persons of interest by authorities.
• Tiffany Cole, Margaret Allen, Ana Marie Cardona — described as other women on Florida’s death row at the time of Carr’s sentencing.
• Aileen Wuornos — described as the last woman sentenced to death in Marion County before Carr, and as being executed in October 2002.

Background

Emilia Lily Carr was born Emilia Yera, the second of three sisters. A psychologist estimated her IQ to be 125. At the age of 15, she reported abuse by her father to her school but withdrew her statement to officials.

In February 2004, Carr’s father was convicted of attempting to solicit the murders of his family and was sentenced to four years in prison. Carr had been married twice and filed a restraining order against one of her ex-husbands for domestic violence. She was sentenced to two years of probation for her involvement in her ex-husband’s grand theft of exotic birds.

Carr had three children at the time, one of them with ex-boyfriend Jamie Acome. In November 2008, Carr became engaged to Joshua Damien Fulgham, who married Heather Strong one month later. Carr maintained contact with them and babysat Strong’s two children, according to Carr’s family.

Carr threatened Strong with a knife to force Strong to withdraw her criminal complaint. Carr’s estranged relationship history with Fulgham and Strong included a custody legal battle over Strong’s two children.

Carr was described during the penalty phase as having been traumatized since her early childhood by sexual abuse from her father and grandfather. Her family testified on her behalf during the penalty phase of the trial.

The offence

Heather Strong, then a 26-year-old resident of Citra, Florida, disappeared in February 2009 while employed at an Iron Skillet restaurant at a Petro gas station next to Interstate Route 75 in Reddick. She was reported missing on February 15.

Her remains were discovered on March 19 in a shallow grave near Boardman, near McIntosh, Florida, by a storage trailer location behind the home associated with Carr’s mother Maria.

Carr tricked Strong into the storage trailer behind the home of Carr’s mother Maria. Carr placed a plastic bag over Strong’s head after unsuccessfully trying to break her neck. Strong eventually died of asphyxiation while bound by duct tape to a computer chair.

Carr was described as providing confessionary statements and also discussing details of the crime with Fulgham’s sister.

Prosecutors described the crime as involving a prolonged and brutal manner of death. The prosecution also contended that Carr and Joshua Fulgham lured Strong to a trailer behind Carr’s mother’s house, that Carr tried to break Strong’s neck, and that Strong was ultimately suffocated with a plastic bag placed over her head.

Motive

Both the prosecution and Fulgham’s defense attorneys agreed that the motives for Heather Strong’s murder were jealousy and betrayal. The reporting also described a quasi love triangle and conflict involving custody and plans to move.

Investigation and arrest

Carr was arrested on March 24, after investigators noted the frequency of her statements to authorities, ten in all without the presence of an attorney. Investigators also recorded undercover audio of Carr discussing details of the crime with Fulgham’s sister.

Carr gave birth to her fourth child while in custody at Marion County Jail, and all of her children were placed in foster care. Carr provided a confession to investigators but claimed she only did so in the hope of being reunited with her children.

The record also described that Marion County Sheriff’s detectives were listening in on a conversation between Carr and Fulgham’s sister, in which Carr placed herself inside the trailer and made herself out to be a participant in the murder. Carr also spoke of being threatened during police questioning and of attempts to seek immunity.

Carr was read her Miranda rights during interviews. Court proceedings included attempts by defense attorney Candace Hawthorne to suppress Carr’s statements ahead of trial; the court ordered redactions only.

Trial

Arraignment and pre-trial

Emilia Carr and Joshua Fulgham waived their right to a speedy trial during their arraignment for murder in April 2009. Prosecutor Rock Hooker immediately filed notice of his intent to pursue the death penalty because of the heinous nature of the crime.

State Circuit Judge Willard Pope declined Emilia Carr’s request for a continuance of the trial in November 2009, including concerns over the preparedness of defense attorney Candace Hawthorne.

Carr and Fulgham were accused of detaining Strong inside a storage trailer behind Carr’s mother’s home in mid-February 2009. Prosecutors also asserted Carr tried to break Strong’s neck and that Strong was suffocated after a plastic bag was placed over her head while Strong was duct-taped to a computer chair.

Jury selection and trial commencement

A 12-member jury was seated after nearly two days, with eight men and six women including two alternates. Opening statements were scheduled to begin shortly after jury seating.

Carr was given an opportunity to accept a life sentence and erase any chance of receiving the state’s maximum punishment, and she refused to accept the life sentence plea deal.

A nine-page pre-voir dire questionnaire was distributed to the jury pool, covering political and religious beliefs, civic work, and familiarity with the criminal justice system.

Evidence and recorded statements

Prosecutors used videotape and recorded conversations. The court heard recordings and transcripts of conversations between Carr and Fulgham’s sister, Michele Gustafson. Prosecutors also referenced Carr’s statements to detectives and undercover audio about the details of the crime.

During Carr’s trial, the state presented that Carr admitted to details including that she pulled the tape while Fulgham ripped it and bound Strong to a computer chair, and that she placed a black plastic bag over Strong’s head and tried to break her neck, failing because Strong was struggling too hard; Strong was then suffocated.

Quotations

State Attorney Brad King’s quoted statement to jurors during the penalty phase:

“Those evils go to the very heart of our independence and dignity,”
“That's the evil we are looking to punish.”

Prosecutor Rock Hooker’s quoted questions and statements included:

“What is her history of telling the truth?”
“Her history of telling the truth is not good…are you going to believe her now?”

A quote attributed to Hooker in describing Carr’s role:

“Emilia Lily Carr, in this case, blocked Heather Strong from leaving,”
“That's all in the statements she gave.”

A quote read aloud by Hooker from a transcript of Carr’s statements:

“ ‘He held her down because he was stronger. I taped her hands and feet,’ ”

Carr’s quoted statement to Michele Gustafson during a recorded conversation:

“I thought it would be quick and painless,”

Gustafson’s quoted question and Carr’s quoted replies included:

“Did she fight him?” asked Gustafson,
“Yeah, she fought him,” Carr responded.
“Did you help?” Gustafson continued.
“Yeah, I helped,” Carr said softly.
“I helped him.”

Carr’s quoted statements during a separate conversation and as quoted at trial included:

“I was never there, and then the police questioning me, first thing they started doing was threatening me with my kids.”

Carr’s quoted statements about immunity and seeking protection included:

“I was trying to get all these details 'cuz they kept wanting details before they would go to the State Attorney's with immunity,”
“Details, details, so I made up stories.”

Carr’s quoted statement about her motivation to lie included: “convicted of telling a lie,” as she read in court.

Carr’s quoted statement about her relationship included:

“I cared for her in a way only another woman could understand. I never loved a man, I honestly don't know how.”

Carr’s quoted statements to Gustafson about Fulgham included: and:

“He wasn't Josh that night,”
“He was emotionally in another place. It wasn't Josh. He wasn't there. He was just somebody else.”

Defense attorney Candace Hawthorne’s quoted warnings to the jury included: “as much of a victim as Heather,” and “high-risk pregnancy.” Hawthorne also said:

“For a small child to keep that secret, she had to engage in fantasy to take her away — she learned to fantasize,”

Hawthorne’s quoted description for considering Carr’s motivation included:

“Stupid? Maybe. Desperate? Maybe. Duress? Maybe. Was she afraid of Josh? Maybe,”

Hawthorne’s quoted statements included:

“Josh and Heather were like oil and water,”
“They had a very tumultuous relationship. This is all about Josh and his kids and his control of Heather and his wanting custody of his kids.”

Conviction

A jury found Carr guilty of first-degree murder and kidnapping after two and a half hours of deliberations on December 7, 2010.

Sentencing

During the penalty phase, Carr’s family testified that she was traumatized since early childhood by sexual abuse from her father and grandfather. The jury voted 7-to-5 on December 10 in favor of the death penalty for Carr.

Carr was formally sentenced to death by lethal injection on February 22, 2011. Circuit Judge Willard Pope read aloud from a 29-page order during nearly an hour-long proceeding.

Pope assigned great weight to aggravating circumstances that the murder of Heather Strong was committed during a separate felony offence of kidnapping, that the murder was especially heinous, atrocious and cruel, and that it was cold, calculated and premeditated. Pope assigned great weight to Carr’s lack of criminal history as the only statutory mitigator. Pope assigned little to no weight to non-statutory mitigators including Carr’s disadvantaged upbringing, sexual abuse by her father, and the alleged dominant role of her co-defendant in the crime. Pope said there was “no evidence” Carr was manipulated by Joshua Fulgham and that testimony from a clinical psychologist proved she was “in control of her own faculties.” Pope assigned some weight to the 7-5 recommendation.

At the conclusion of the hearing, Pope told Carr:

“May God have mercy on your soul.”

Carr looked resigned upon announcement of the sentence and then read a brief statement to the court in which she claimed she was “convicted of telling a lie.”

Appeals and co-defendant proceedings

Carr’s death sentence was subject to automatic review by the Florida Supreme Court. More than a year after Carr’s conviction, Joshua Fulgham went on trial for his alleged participation in the murder in April 2012. Carr, who was on death row at the Lowell Correctional Institution Annex, would not testify at Fulgham’s trial.

Fulgham’s status and sentence

At the time described, Fulgham had been convicted of first-degree murder and kidnapping. Despite the death sentence of his co-defendant, Joshua Fulgham’s jury voted 8-to-4 to sentence him to life in prison without parole and the judge followed the jury’s recommendation.

Aftermath and institutional details

Carr was placed in the annex at Lowell Correctional Institution in Marion County on February 23, 2011. She was described as one of four women on death row in Florida at the time.

It was stated that Carr became the first woman to be sentenced to death in Marion County since the 1992 sentencing of Aileen Wuornos.

Other details

Carr was described as pregnant at the time of her arrest; she was seven months pregnant with Fulgham’s child. She was described as having closely followed written transcripts of her statements during the course of trial and as being calm in recorded conversations despite past events.

Prosecutors sought the death penalty due to the prolonged and brutal manner Strong died. The jury was asked to decide whether aggravating factors outweighed mitigating circumstances that included Carr’s lack of a criminal history, her young age at the time of the crime, and her troubled family history including allegations of sexual abuse by her family.

The reporting also described that the jury had the option of finding Carr guilty of lesser-included offenses including second-degree murder, third-degree murder, manslaughter and false imprisonment.