The death sentences a Nashville man received for hiring a friend to murder his wife and mother-in-law were upheld Tuesday by the Tennessee Supreme Court in a majority opinion written by Justice William M. Barker. The court unanimously affirmed the aggravated robbery and premeditated first degree murder convictions of William R. Stevens, while four of the five justices agreed with the Court of Criminal Appeals and upheld the two death sentences jurors imposed for the 1997 killings during a staged burglary.
Stevens offered to pay 18-year-old Corey Milliken $5,000 to murder 45-year-old Sandra Jean Stevens, who was strangled to death, and her mother, 75-year-old Myrtle Wilson, who was stabbed and strangled . Evidence presented at his trial indicated that Stevens was having marital problems and did not want to suffer the financial hardships of a divorce. In planning the murders, the defendant told Milliken to take jewelry and other specified items from the family’s trailer home to make it appear that the murders were committed as part of a burglary.
“In fact, he took Milliken on a walk-through of the trailer and he specified which items were to be stolen, which items were to be 'trashed', and which items were to remain untouched, such as 'the TV and the dishes and (his) Star Trek collection,' ” Barker wrote. “The defendant also instructed Milliken on how he was to get rid of the evidence...”
During the sentencing phase of Stevens’ trial, jurors found there were two aggravating circumstances as defined by state law - a previous conviction for a violent felony, second degree murder, and his use of a hired killer. The jury determined that the aggravating circumstances
outweighed mitigating evidence beyond a reasonable doubt and sentenced Stevens to death for the murder of each victim. As a repeat violent offender, he also received life without parole for the aggravated robbery charge. Mitigating evidence presented at his trial included testimony that Stevens was a good father to his son from a previous marriage and that he had a reputation as a hard worker.
In a separate concurring and dissenting opinion, Justice Adolpho A. Birch, Jr., said he has “grave concerns” about the procedure used by the court to determine whether the death sentence is excessive or disproportionate to penalties imposed in similar cases. Birch cited previous opinions in which he said the comparative proportionality review protocol does not fulfill statutory requirements.
“Because I have not detected any meaningful effort to address and rectify my concerns, I respectfully dissent from the imposition of the penalty of death in this case,” he wrote.
In the majority opinion, Barker said the court identified and reviewed cases “involving circumstances similar to the crime in this case” and concluded that the death sentence was not disproportionate or arbitrarily applied.
The majority also found the issues raised by Stevens in his automatic direct appeal were without merit. Under state law, all death sentences must be reviewed by the Tennessee Supreme Court. In his appeal, Stevens alleged that the trial court abused its discretion by limiting the testimony of a crime scene expert employed by the defense; that the trial court erred by excluding testimony by Corey Milliken’s foster father concerning prior bad acts; that certain trial court rulings were unfair and biased; and that the death sentences were disproportionate to sentences in similar cases. Although the Supreme Court agreed that the trial court should have allowed the foster father’s testimony, the exclusion was found to be “harmless error.” The court also found other issues raised by Stevens were without merit.
“The record in this case contains substantial, indeed overwhelming, evidence of the defendant’s guilt,” Barker wrote. “...In conclusion, after a thorough review of the record and relevant legal authorities, based on the facts and circumstances of this case, we have determined that the defendant’s allegations of error are without merit.”
The court set an execution date of Sept. 13, 2002, “unless otherwise ordered by this court or proper authority.” Stevens has statutorily established state and federal appeals remaining.