The Commission on Capital Cases updates this information regularly. This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
CRAIN, Jr. Willie Seth (W/M)
DC# 096344
DOB: 04/23/46
Thirteenth Judicial Circuit, Hillsborough County Case # 98-17084
Sentencing Judge: The Honorable Barbara Fleischer
Attorney, Trial: Daniel Hernandez & Charles Traina – Private
Attorney, Direct Appeal: Paul Helm – Assistant Public Defender
Attorney, Collateral Appeals: Robert Strain & David Gemmer – CCRC-M
Date of Offense: 09/10/98
Date of Sentence: 11/19/99
Circumstances of Offense:
Willie Crain was introduced to Kathryn Hartman by his daughter on 09/09/98, while at a bar in Hillsborough County. Crain and Hartman danced and talked for four hours that night, until 1:30 or 2:00 in the morning. Crain dropped Hartman off at her trailer, and Hartman asked to see Crain again.
On the afternoon of 09/10/98, Crain returned to Hartman’s trailer, where he met her seven-year-old daughter, Amanda Brown. Crain and Brown sat at the kitchen table, playing games and doing her homework. Before leaving that afternoon, Crain accepted Hartman’s invitation to return for dinner that evening.
After dinner that night, Crain and Brown played games with Brown and told her that he had a large collection of videotapes at his trailer. Brown pleaded with her mother to let her go to Crain’s trailer, and she agreed. Crain drove Hartman and Brown to his trailer in his white pickup truck.
After beginning to watch the movie in Crain’s living room, Crain and Brown then went to his bedroom, where Hartman found the two sitting on Crain’s bed, watching the movie. Hartman noticed that Brown was sitting between Crain’s sprawled legs with her back to his front. At some point in the evening, Hartman asked Crain if he had any medication for pain. Crain offered her Valium, which she took, and marijuana, which she declined.
Eventually, Hartman decided it was time to leave, and Crain drove Hartman and Brown to their trailer. Around 2:15 a.m., Brown went to sleep in Hartman’s bed. Crain appeared intoxicated, so Hartman advised him to lie down to sober up while she went to bed. Within five minutes of Hartman going to bed, Crain entered the bedroom and lay down on the bed with Hartman and Brown.
Hartman awoke the next morning to find Crain gone and Brown missing. Hartman called Crain on his cell phone, and he told her that he did not know where Brown was and that he was loading his boat at a boat landing. Other people at the boat ramp testified at trial that Crain carried what appeared to be a rolled-up item of clothing with him when he was launching his boat. One of the men at the boat ramp that day testified that Crain had told him on two separate occasions that he had the ability to get rid of a body where no one could find it.
Police later interviewed Crain, and he told police that he left Hartman’s house around 1:30 a.m. on 09/11/98. He also told police that he accidentally spilled bleach in his bathroom and spent the early morning hours cleaning his bathroom. While searching Crain’s trailer, a detective applied Luminol, a chemical that reacts with blood, to Crain’s bathroom. The detective testified at trial that the floor, bathtub, and walls “lit up”. Detectives also found blood stains in the bathroom and on Crain’s boxer shorts, both of which contained DNA consistent with a mixture of the DNA profiles of Crain and Brown. Despite an extensive, two-week search of Upper Tampa Bay, Brown’s body was never found.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
01/01/1978 |
SEX BAT/COERCE CHILD BY ADULT |
01/14/1985 |
HILLSBOROUGH |
8406359 |
20Y 0M 0D |
|
07/01/1982 |
SEX BAT/COERCE CHILD BY ADULT |
01/14/1985 |
HILLSBOROUGH |
8406360 |
20Y 0M 0D |
|
02/01/1983 |
SEX BAT/COERCE CHILD BY ADULT |
01/14/1985 |
HILLSBOROUGH |
8406816 |
20Y 0M 0D |
Prior Community Supervision History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
01/01/1978 |
ABUSE OF CHILD,ENG SEX PERFM. |
01/14/1985 |
HILLSBOROUGH |
8406359 |
1Y 6M 15D |
|
03/01/1983 |
SEX BAT/COERCES BY THREAT |
01/14/1985 |
HILLSBOROUGH |
8406511 |
30Y 0M 0D |
|
03/31/1984 |
TRESPASS STRUCTURE ARMED |
01/14/1985 |
HILLSBOROUGH |
8406510 |
30Y 0M 0D |
Trial Summary:
10/14/98 Indicted as follows:
Count I: First-Degree Murder
Count II: Kidnapping
09/13/99 Jury returned guilty verdicts on all counts of the indictment
09/17/99 Jury recommended death by a vote of 12-0
11/19/99 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Kidnapping – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 00-661
894 So. 2d 59
03/27/00 Appeal filed
10/28/04 FSC affirmed convictions and sentences
01/25/05 Rehearing denied
02/10/05 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 04-9880
126 S. Ct. 47
03/25/05 Petition filed
10/03/05 USSC denied petition
Circuit Court – 3.851 Motion
CC# 98-17084
09/08/06 Motion filed
09/11/09 Motion denied
Circuit Court – 3.853Motion
CC# 98-17084
12/15/06 Motion for Post Conviction DNA testing filed
08/28/07 Motion granted in part
Florida Supreme Court – 3.850 Appeal
FSC# 09-1920
10/16/09 Appeal filed
Factors Contributing to the Delay in Imposition of Sentence:
Crain’s Direct Appeal was pending from 03/27/00 – 10/28/04.
Case Information:
Crain filed a Direct Appeal with the Florida Supreme Court on 03/27/00, citing the following errors: failing to establish sufficient evidence of premeditation and kidnapping with intent to commit homicide, giving different jury instructions on the elements of kidnapping, relying on an aggravating circumstance not proven by the evidence, and unconstitutionality of Florida’s death penalty scheme. On 10/28/04, the FSC affirmed the convictions and sentences.
Crain filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/25/05 that was denied on 10/03/05.
Crain filed a 3.851 Motion with the Circuit Court on 09/08/06 that was denied on 09/11/09.
On 12/15/06, Crain filed a post conviction motion for DNA testing, which was granted in part on 08/28/07.
Crain filed an appeal of his 3.850 Motion in the Florida Supreme Court on 10/16/09 that is pending.
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Report Date: 05/06/05 JFL
Updated: 11/10/09 KKR