The Commission on Capital Cases updates thisinformation regularly. This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 PublicDefender
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 hisdaughter on 09/09/98, while at a bar in Hillsborough County. Crain andHartman danced and talked for four hours that night, until 1:30 or 2:00 in themorning. Crain dropped Hartman off at her trailer, and Hartman asked tosee Crain again.
On the afternoon of 09/10/98, Crain returned to Hartman’strailer, where he met her seven-year-old daughter, Amanda Brown. Crainand Brown sat at the kitchen table, playing games and doing her homework. Before leaving that afternoon, Crain accepted Hartman’s invitation to returnfor dinner that evening.
After dinner that night, Crain and Brown played games withBrown and told her that he had a large collection of videotapes at histrailer. 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 whitepickup 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 sittingon Crain’s bed, watching the movie. Hartman noticed that Brown wassitting between Crain’s sprawled legs with her back to his front. At somepoint in the evening, Hartman asked Crain if he had any medication forpain. Crain offered her Valium, which she took, and marijuana, which shedeclined.
Eventually, Hartman decided it was time to leave, and Craindrove Hartman and Brown to their trailer. Around 2:15 a.m., Brown went tosleep in Hartman’s bed. Crain appeared intoxicated, so Hartman advisedhim to lie down to sober up while she went to bed. Within five minutes ofHartman going to bed, Crain entered the bedroom and lay down on the bed with Hartmanand Brown.
Hartman awoke the next morning to find Crain gone and Brownmissing. Hartman called Crain on his cell phone, and he told her that hedid not know where Brown was and that he was loading his boat at a boatlanding. Other people at the boat ramp testified at trial thatCrain carried what appeared to be a rolled-up item of clothing with him when hewas launching his boat. One of the men at the boat ramp that daytestified that Crain had told him on two separate occasions that he had theability to get rid of a body where no one could find it.
Police later interviewed Crain, and he told police that heleft Hartman’s house around 1:30 a.m. on 09/11/98. He also told policethat he accidentally spilled bleach in his bathroom and spent the early morninghours cleaning his bathroom. While searching Crain’s trailer, a detectiveapplied 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 ofCrain 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 ofFlorida:
| 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-DegreeMurder
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 ofSentence:
Crain’s Direct Appeal was pending from 03/27/00 – 10/28/04.
Case Information:
Crain filed a Direct Appeal with the Florida Supreme Courton 03/27/00, citing the following errors: failing to establish sufficientevidence of premeditation and kidnapping with intent to commit homicide, givingdifferent jury instructions on the elements of kidnapping, relying on anaggravating circumstance not proven by the evidence, and unconstitutionality ofFlorida’s death penalty scheme. On 10/28/04, the FSC affirmed theconvictions 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 on09/08/06 that was denied on 09/11/09.
On 12/15/06, Crain filed a post conviction motion for DNAtesting, which was granted in part on 08/28/07.
Crain filed an appeal of his 3.850 Motion in the FloridaSupreme Court on 10/16/09 that is pending.
________________________________________________________________________
Report Date: 05/06/05 JFL
Updated: 11/10/09 KKR