WILLIAM GREGORY THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1997-03-20
No. 84256
KOGAN, C.J., and OVERTON, SHAW, GRIMES and WELLS, JJ., concur., HARDING and ANSTEAD, JJ., concur in conclusion only.
693 So. 2d 951 Florida Supreme Court (1997) Positive Treatment
Also reported at: 2009 WL 9081403
Cited by 32 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

William Gregory Thomas appeals his death sentence for the planned kidnapping and murder of his ex-wife Rachel to avoid paying a divorce settlement. The Florida Supreme Court affirmed the death penalty, finding sufficient evidence of corpus delicti and determining that the trial court's failure to address mitigating evidence in its sentencing order was harmless error given the overwhelming aggravating circumstances.


Holding

The court affirmed the convictions and death sentence. The State presented sufficient evidence to prove corpus delicti through witness testimony (Schraud's presence, the witness at Roosevelt Mall), physical evidence (palm print, tennis shoe print, blood, signs of struggle), and Rachel's uncharacteristic disappearance. Although the trial court erred in failing to address mitigating circumstances in its sentencing order, the error was harmless because the overwhelming aggravating evidence, particularly that Thomas killed his own mother to prevent her from talking to police, would have resulted in a death sentence regardless.


Headnotes

[1] To admit a defendant's confession, the state must prove the corpus delicti by direct or circumstantial evidence, and it is sufficient if the evidence tends to show the cr…

[2] In a homicide case, the corpus delicti requires proof of the fact of death, the criminal agency of another person as the cause, and the identity of the deceased.

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Key Quotes

“The phrase 'corpus delicti' refers to proof independent of a confession that the crime charged was in fact committed. In order to prove corpus delicti in a homicide case, the state must establish: (1) the fact of death; (2) the criminal agency of another person as the cause thereof; and (3) the identity of the deceased person.”

Establishes the legal standard for proving corpus delicti in a homicide case without relying solely on the defendant's confession.

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Facts & Procedural History

Thomas planned and executed the kidnapping and murder of his wife Rachel on September 12, 1991, the day before a substantial settlement payment was du…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty on William Gregory Thomas. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm.

Thomas planned the kidnapping and murder of his wife, Rachel, in order to avoid paying his part of a settlement agreement in their pending divorce. Thomas and a friend, Douglas Schraud, went to Rachel’s house, September 12, 1991, the day before a substantial payment was due, and Thomas beat, bound, and gagged Rachel. When Rachel tried to escape by hopping outside, Thomas knocked her to the ground and dragged her back inside by her hair. He then put her in the trunk of her car and drove off. She was never seen again.

Thomas was charged with first-degree murder, burglary and kidnapping. The State presented numerous witnesses to whom he had made incriminating statements. Thomas presented no evidence during the guilt phase and was found guilty on all counts. During the penalty phase, several witnesses testified on his behalf and Thomas himself took the stand. The jury recommended death by a vote of eleven to one, and the judge imposed a sentence of death based on five aggravating circumstances and no mitigating circumstances.1 Thomas appeals, raising nine issues.2 Thomas first claims that the State failed to prove the corpus delicti of the crime. We disagree. This Court recently explained the theory underlying corpus delicti:

The phrase “corpus delicti” refers to proof independent of a confession that the crime charged was in fact committed. In order to prove corpus delicti in a homicide case, the state must establish: (1) the fact of death; (2) the criminal agency of another person as the cause thereof; and (3) the identity of the deceased person. Regarding the second element — the criminal agency of another — the proof need not show that the defendant committed the crime.

To admit a defendant’s confession, the state must prove the corpus delicti either by direct or circumstantial evidence. It is ' enough if the evidence tends to show that the crime was committed; proof beyond a reasonable doubt is not mandatory. To support a conviction, however, the corpus delicti must be established beyond a reasonable doubt.

Meyers v. State, No. 85,617, slip op. at 2, — So. 2d -, - [1997 WL 109219] (Fla. Mar. 13, 1997) (citations and footnote omitted).

In the present case, the State’s evidence showed the following. Douglas Schraud was present when Thomas beat, bound and abducted Rachel in the trunk of her car. Later that day, Thomas met a friend at the Roosevelt Mall and the friend saw him park and abandon Rachel’s car after wiping it down with a towel. Thomas’s palm print was found on the hood of the car. Rachel has not been seen or heard from since. It was uncharacteristic of Rachel to miss appointments or to leave behind her family and son — she had never even stayed out all night before. She not only missed a planned evening with a friend, she left behind her gym bag, purse, driver’s license, a photograph of her son, twenty dollars in cash she had obtained only an hour before she disappeared, all her clothes, and the $750 she had in her bank account. Moreover, she disappeared the day before payday. She had given coworkers no indication she was unhappy in her job, and had never expressed to her family any desire to leave or get away from it all. Although Rachel was a neat person and kept her home immaculate, after her disappearance her garage door was left standing wide open and the door into the house from the garage was left unlocked. There were signs of a struggle in the foyer, as well as blood on the baseboard and on the vent. Blankets were missing from the garage. Witnesses testified that Thomas wore tennis shoes the evening of the murder and there was a tennis shoe print on the floor of the garage. When asked by police, however, Thomas denied owning any tennis shoes, and the next day he collected all his tennis shoes and threw them away.

Based on the foregoing, we conclude that the State introduced sufficient evidence to prove the corpus delicti of the murder and to lay the predicate for admission of Thomas’s inculpatory statements. See Meyers, slip op. at 2-3, at---. We note that Thomas made many inculpatory statements and admissions.3 The State introduced sufficient evidence to show that Rachel is dead and Thomas killed her. See generally Sochor v. State, 619 So. 2d 286 (Fla.), cert. denied, 510 U.S. 1025, 114 S.Ct. 638, 126 L.Ed.2d 596 (1998). We find no error. Thomas next claims that the trial court failed to address mitigating evidence in its sentencing order. We agree. This Court stated in Campbell v. State, 571 So. 2d 415 (Fla.1990), that a sentencing court must “expressly evaluate in its written order each mitigating circumstance proposed by the defendant to determine whether it is supported by the evidence and whether, in the case of nonstatutory factors, it is truly of a mitigating nature.” Id. at 419.

In the present case, Thomas presented several witnesses in mitigation. Ronald Haylett testified that Thomas was a good worker for Publix who showed up every day and did not cause trouble. Dorothy Locke said Thomas is a “delightful young man,” who is “very loving” and good with her children. And Nancy Cábese, who met Thomas in prison, stated that she had “seen a lot of good in him.” The trial court’s sentencing order, however, mentions none of this, saying-only that “[tjhere are no other aspects of William Gregory Thomas’ character or record, nor any other circumstances of the offense, which would mitigate in favor of William Gregory Thomas or his conduct in this matter.” This was error, but harmless for the following reason.

In counterpoint to the relatively minor mitigation, the evidence in aggravation in this case is massive — particularly the fact that Thomas killed his own mother to keep her from talking to police about Rachel’s death. After reviewing the full record, we conclude beyond a reasonable doubt that had the trial court noted in its sentencing order each mitigating circumstance proposed by Thomas the court still would have imposed the death penalty. We find the error harmless. See, e.g., Wickham v. State, 593 So. 2d 191 (Fla. 1991), cert. denied, 505 U.S. 1209, 112 S.Ct. 3003,120 L.Ed.2d 878 (1992).

The remainder of Thomas’s claims either were not preserved4 or are without merit.5 We affirm the convictions and sentences.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES and WELLS, JJ., concur. HARDING and ANSTEAD, JJ., concur in conclusion only.

. The court found that the following aggravating circumstances were present: Thomas had committed a prior violent felony; the murder was committed in the course of a burglary; the murder was committed for financial gain; the murder was especially heinous, atrocious, or cruel (HAC); the murder was committed in a cold, calculated, and premeditated manner (CCP).

. Thomas claims that the court erred in the following ways: 1) The State failed to prove the corpus delicti; 2) the sentencing order is defi cient; 3) the CCP instruction was faulty; 4) the prosecutor misinformed the jury about the weighing process; 5) the court improperly informed the jury on the weighing process; 6) the HAC instruction was faulty; 7) the prosecutor made improper comments in closing; 8) the court used the felonies underlying the first-degree murder conviction as an automatic aggravator; 9) the evidence was insufficient to support the pecuniary gain aggravator. . Thomas made the following statements and admissions:

—He told coworker Johnny Brewer that he had "to see that Rachel disappeared" because he could not make the settlement payment.

—He told coworker Joseph Stewart that Rachel was seeking custody of his son, Bennie, and that he "would prevent that by any means in his power.”

—He told his girlfriend, Jennifer Howe, that he had some papers for Rachel to sign and that if she refused “the family” would take care of her by whatever means were necessary.

—He told Christina, his wife at the time of trial, that he would kill Rachel before she killed him.

—On the day of the murder, he told. Christina that “the family" had taken Rachel.

—He told Christina not to worry about where Rachel was "because the Mafia had taken her deep sea fishing and chopped her up and fed her to the sharks.”

—He told coworker Jimmy Stewart a version of Rachel's abduction involving the Mafia and told him that he took Rachel to his house and that when he left she was dead.

—He told inmate Dixon that “he had chopped the bitch in the throat" and killed her. —He told inmate Bonner that he and Schraud had forced their way into Rachel’s home and "took care of Rachel.” This statement was accompanied by a hand-across-the-throat motion.

—He told inmate Rhiles that Rachel was “shark bait.”

. Issues 3) through 8) were not preserved.

. Issue 9) is without merit.


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Citator

Cited By (18 total)

  • Singleton v. State, 783 So. 2d 970 (Fla. 2001)
    …ably grouped several mitigating factors together and properly considered them.9 See Reaves v. State, 639 So. 2d 1, 6 (Fla.1994). We find the failure of the trial judge to specifically address the remaining claims to be harmless. See Thomas v. State, 693 So. 2d 951, 953 (Fla.1997). It is beyond a reasonable doubt that even if the remaining mitigators not discussed by the trial judge were found to exist, the mitigators would not have outweighed the aggravation in this case. See Thomas, 693 So. 2d at 953. The mi…
  • Deparvine v. State, 995 So. 2d 351 (Fla. 2008)
    …i.e., depression — greater weight than any other mitigator it found, there is no reasonable doubt that the trial court would have imposed the death penalty, particularly in view of the double murder involved in this case. See, e.g., Thomas v. State, 693 So. 2d 951, 953 (Fla.1997) (holding that the trial court’s failure to evaluate mitigation evidence was error, but harmless because there was no reasonable doubt that the trial court would have imposed the death penalty in light of finding five aggravating circ…
  • Foster v. State, 778 So. 2d 906 (Fla. 2000)
    …three-paragraph subset of its analysis of the mitigating circumstances. Hence, we find the asserted error to be harmless in that the court did in fact address the mitigating circumstances and provided sufficient written support. See Thomas v. State, 693 So. 2d 951, 953 (Fla.1997). Finally, with regard to mitigation, Foster claims error in the trial court’s rejection of Foster’s age at the time of the killing as a mitigator. Section 921.141(6)(g), Florida Statutes (1996), expressly includes the age of the def…

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