So, in a rather bizarre turn of events, the prosecution called its first witness, Reverend Margaret Lilly, to the stand: “I’m his mother.” The plump, matronly woman with reddish long hair identified Sapp and stated she did not wish to see her son receive the death penalty.
Sapp watched her with a look of disgust on his face.
She told the court that she suffered from mental illness and that before her divorce from Kessler, she had a nervous breakdown. She spent five weeks in Mercy Mental Health. She didn’t see much of Bill after the divorce: “Not as much as I’d like.”
Margaret: I could have done better [as a mother].
Schumaker: Was the house dirty?
Margaret: Dirty enough. I didn’t cook when I started breaking down.
Schumaker: Did you hit the kids?
Margaret: Both of us used wet washrags.
Schumaker: Why?
Margaret: Nerves.
Schumaker: Did you have sex with Bill?
Margaret: I did not.
Schumaker: Was he sexually abused?
Margaret: No, sir.
Schumaker: Did you drip candle wax on him?
Margaret: No, sir.
Schumaker: When did you become a minister?
Margaret: February, this year. I’ve always been interested in becoming a minister.
Schumaker: Do you have a congregation?
Margaret: No. I prayed and asked if there was any way a woman could become a minister. A certificate came in the mail about a month later.
Schumaker: Is it your testimony that you did not sexually abuse your son?
Margaret: That’s true.
When the defense had its turn to question this very strange woman, Lieberman asked her about the certificate she had received in the mail.
Reverend Lilly claimed that it was unsolicited: “I didn’t ask for it and didn’t send any money for it.”
Lieberman: Do you believe you’re a minister?
Margaret: Yes.
Lieberman: You also didn’t molest your children?
Margaret: No. (She named all of her children.) I don’t remember Katrina’s father’s name. Charles’s father is Kessler’s half brother.
Lieberman: Is Charles the one that drowned?
Margaret: Yes.
Lieberman: Were you asleep?
Margaret: No, wide-awake.
(And then, regarding Paul, she said she had never visited him. She claimed she had made an effort, but “they wouldn’t let me in.”)
Lieberman: Did you try?
Margaret: No. Kessler visited Paul.
Lieberman: You never saw him again, did you?
Margaret: In the Children’s Home, a couple of times.
(Paul had been taken out of their home when he was 1½ years old. He was institutionalized when he was three.)
Lieberman: What was his diagnosis?
Margaret: Don’t know.
Lieberman: He wears a helmet. Did you abuse Paul?
Margaret: No.
Lieberman: Did you hit him?
Margaret: No. He fell out of his crib.
Lieberman: How do you explain J.R.? Was that because of you?
Margaret: Agent Orange. All the kids are that way.
Lieberman: Did you ever have sex with Bill?
Margaret: No!
Lieberman: Did you ever hit him with a frying pan?
Margaret: I held his hands over the flames to take the soreness out.
Lieberman: Were you ever sexually molested?
Margaret: No.
Lieberman: Did you hit Bill with a razor strap?
Margaret: Not true.
Lieberman: Did you burn him with cigarettes?
Margaret: I never done that to him.
Lieberman: Kessler, J.R., and Karen are lying?
(The prosecution vehemently objected and the objection was sustained.)
Lieberman: Did you report any child abuse to Children’s Services?
Margaret: I have no idea how stuff got in the records.
Lieberman: Was your house dirty?
Margaret: It wasn’t exactly clean. My house today’s not ever clean.
Lieberman: Who got them up for school?
Margaret: No one, I guess.
The next prosecution witness, Sergeant Barry Eggers, testified about the interview with Karen Sapp on July 7, 1998. He said that Karen indicated to him that Sapp had slapped her on one occasion when they lived on Miller Street, and specifically denied any other mistreatment.
On cross-examination Sergeant Eggers said that the interview was not recorded. He had taken handwritten notes.
Lieberman: You didn’t ask her if she was choked?
Eggers: No reason to.
Lieberman: If stuff was thrown at her?
Eggers: No reason to.
Lieberman: Did you explain “abuse”?
Eggers: No.
Lieberman: She was not under oath, was she?
Eggers: No.
On redirect Sergeant Eggers told the jurors there was no reason to be specific. Karen had no fear of Bill and she controlled the situation.
Lieutenant Steve Moody also gave testimony pertaining to the same interview with Karen Sapp. He stated that when asked about physical abuse, she firmly maintained that there had been one slap.
Lieberman, on cross-examination, asked Lieutenant Moody if he had explained “abuse” to Karen.
Lieutenant Moody answered no.
In his closing statement Stephen Schumaker reminded the jury about the aggravating circumstances: two or more victims, principal offender, committing or attempting to commit rape.
He also reminded them that when Phree Morrow told Sapp that “you’ll be sorry,” Sapp’s reply was “Like hell I will!”
There were four victims: Phree Morrow, Martha Leach, Belinda Anderson, and Helen Preston. “How many do you have to have? Can mitigation even come close?” Schumaker implored. He told them to give the mitigating circumstances weight only if they were credible.
Referring to the other defendants: “Reject this. Give it little or no weight. Especially with Belinda Anderson. Plea agreements were made with David Marciszewski and John Balser in an attempt to find that man!
“The weight of the aggravating circumstances cannot be overcome.”
Dennis Lieberman presented a fervent closing statement, with the hope of saving his client’s life: “My mom was there for me. I bet you had good mothers. What kind of mom do you think Bill has? Do you think she fixed him a cup of hot chocolate? Do you think she was there for him? She said the boys were that way because of ‘Agent Orange.’ She says she’s a minister. This is ‘Margaret Lilly.’ Do you believe Margaret Lilly in anything she says? Her presence on the stand should tell you who William Sapp is.
“His father found the stepmother in bed with Sapp.
“Why should we care whether we give him the death penalty or five life sentences? If we take the life of mentally ill people, what does that make us?
“Sapp’s family is not dysfunctional. It’s nonexistent! This is not a family. The home was filthy. Mrs. Lilly doesn’t even see Paul. The child abuse was real. Mrs. Lilly’s mentally ill. It’s sad. What do we do? Do we burn a burn?
“Karen is a tough woman. She was sold. She was sexually and physically abused.
“Is it a coincidence that Bill turned out the way he did? He didn’t have a chance to be different. Bill acted out the way he was taught. What if you do spare his life? It will be one hundred thirty to two hundred thirty years before he’s eligible for parole. He will be in a jail cell for the rest of his life. He will be one hundred sixty-six years old before he’s eligible for parole. That’s what he deserves.
“Marciszewski and Balser raped Phree and Martha. Marciszewski and Balser killed Phree and Martha. Is there equality in our justice system? That’s for you to decide. Why should he be treated any differently? This isn’t a numbers game (referring to Belinda Anderson). What Marciszewski and Balser did is absolutely te
rrible! What he did is absolutely terrible!
“He is the victim of child abuse. He has the scars. It’s in the documents. The only psychologist that testified in this case said that he has mental illness, bipolar, and personality disorder. He did not have the ability to conform his actions to the law.
“His kindergarten teacher was quoted, ‘He hates women.’
“Only you can decide whether he should die or be in jail for the rest of his life. Thank you for your dedication and commitment. Should you take another’s life? I wish I could find the magic words to tell you not to kill him. I wish I could think of an argument that might convince you to give him a life sentence. I hope I have.”
In his rebuttal Schumaker told the jurors: “You must follow the law. We wanted you to see Margaret Lilly because you deserved to see her. J.R. didn’t grow up to be a killer. Sapp turned away from help. You must follow the law!”
It was close to midnight, after five hours of deliberation, when the jury returned with their recommendation. None of the victims’ family members were present in the courtroom to hear their decision because at about 10:30 that night the jurors had told the judge that they thought they should get a motel room for the night. Therefore, the family members and other interested parties who had been waiting in the prosecutor’s office left for the night.
While waiting for arrangements to be made to accommodate them overnight, the jurors continued to deliberate and came to a unanimous decision. After some discussion the members of the jury agreed they should announce their recommendation that night.
I had spent the evening waiting with Belinda Anderson’s family. I left the courthouse when they did. After I got home and changed into my nightclothes, my phone rang. It was Wes Wilson, the reporter who was covering the trial for the Springfield News-Sun. He was excited and out of breath, calling me on his cell phone as he hurried back to the courthouse. He had gotten word that “the jury was in.”
Not knowing whether or not I would be able to get back into the locked courthouse, I grabbed my clothes, threw them back on, and rushed downtown. I parked across the street in the post office parking lot and jaywalked across the now-quiet street. As I quickly approached the building, I could see through the glass door one of the deputies in the hallway. He recognized me and let me in.
It was perfect timing as they were just then putting Sapp on the elevator. No one else is allowed on the elevator while the deputies are transporting a prisoner and, quite frankly, I had no desire to be in arm’s reach of him, anyway, so I waited while they escorted Sapp to the third-floor courtroom. Then I followed, anxious to hear what the jury had decided.
When they came into the courtroom and sat down in the jury box, it appeared that one of the female jurors had been crying.
The jurors had decided that William K. Sapp should get the death penalty for each of the three murders: one for the murder of Belinda Anderson, one for the murder of Martha Leach, and one for the murder of Phree Morrow.
As the deputies escorted Sapp from the courtroom, he exclaimed, “I won, baby, I won. That’s what I wanted!”
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While this court is not an advocate of capital punishment, it is sworn to uphold the law.
—Judge Richard O’Neill
Prior to Judge Richard O’Neill announcing his decision on Thursday, October 21, 1999, Richard Anderson was informed that Sapp “hoped that Richard would try to be a hero,” and that Sapp “hoped he would try something with him.”
Richard Anderson shared this with me outside the courthouse just before we entered. When I asked him, “You’re not going to do that, are you, Richard?” He answered, “No—not that I wouldn’t like to.”
Many people were waiting to get into the courtroom while sheriff’s deputies once again checked to make sure there were no weapons hidden under the seats or anywhere else in the room. When the public was finally allowed in, the family members of the victims were not allowed to sit in the section behind where Sapp would be sitting.
No one was allowed in the row directly behind the defense table except law enforcement officers who wanted to be present to hear the sentencing, even though many of them were not directly involved with the case. The presence of the uniformed officers, detectives, and additional deputies reinforced the already very secure courtroom.
The only juror who came back to hear the judge’s official ruling was the young woman who had been crying the night the jury had recommended death for William K. Sapp. Just by chance, we were seated next to each other. She was curious about who I was and why I was there. I was curious about her tears. It is a heavy burden—even when the guilt of the defendant is so obvious—to have a say in the destiny of that person.
Before the deputies brought Sapp into the packed courtroom, the judge admonished the audience very strongly that there were to be no outbursts and that if anyone felt that they couldn’t restrain themselves from showing emotion or having outbursts, they needed to leave. He had instructed the deputies, and had verified that there were enough of them to carry out his order, that people be removed if there were any problems.
Richard Anderson felt that Judge O’Neill was looking directly at him and he nodded at the judge to indicate that he understood. Most of Belinda’s immediate family were present: her parents, Christine and Richard senior; both of her sisters, Patricia and Deborah; Richard’s wife, Karlene, and his son, Jake; her two daughters, Kim and Stephney; and the grandchild she never got to see.
Phree Morrow’s grandfather, one of her aunts, and her half sister Dawn Wilson represented Phree’s family. No one from Martha Leach’s family was present for the sentencing.
William Sapp chose not to make a statement prior to being sentenced.
Judge O’Neill upheld the jury’s recommendation and sentenced William K. Sapp to death for each of the aggravated murders—three death sentences.
Sapp, wearing a blue shirt, smiled and looked very pleased with himself. (“Blue was a happy color.”) He raised his middle finger in the direction of the television news camera.
His execution date was set for September 1, 2000.
Judge O’Neill filed a written decision that he did not read in the courtroom. The document was six pages long and read, in part:
“The murders of Phree Morrow, Martha Leach and Belinda Anderson were cold-blooded, senseless acts of cruelty committed with prior calculation and design and while perpetrating upon these victims the offense of rape. Further, the Defendant engaged in a course of conduct which not only took the lives of these three individuals, but nearly took the life of a fourth victim, Helen Preston.
“While the Defendant suffered tragic child abuse in his early years, and the extent of the abuse shown does merit some weight as a mitigating factor, the Court finds that this factor does not carry sufficient weight to balance the scales when compared to the aggravating circumstances. Even when the factor of his mental illness and defect, which likely resulted from this abuse, is added, these factors are insufficient to overcome or equal the weight of the aggravating circumstances.
“While this court is not an advocate of capital punishment, it is sworn to uphold the law. The aggravating circumstances of these offenses are grave and carry great weight. The mitigating factors, while tragic in their effect not only on the Defendant, but now on so many others, do not rise to the weight of the aggravating circumstances.
“Thus, this Court hereby shall impose upon the Defendant a sentence of death for the commission of each of the three aggravated murders, with the specifications of aggravating circumstances, as set forth in the indictment.”
After the court proceedings Sapp was returned to the Southern Ohio Correctional Facility in Lucasville, Ohio, where he had been serving his sentence for the attack on Ursula Thompson. Sometime later, he was transferred to Mansfield Correctional Institution in Mansfield, Ohio, and placed on death row.
Prior to 1995, death row was located at the Southern Ohio Correctional Facility, but it has since been reloca
ted to the Mansfield Correctional Institution. The “death house” and execution chamber remain at the Southern Ohio Correctional Facility.
It is unlikely that anyone will ever know for sure whether William Sapp and the others were in a van or Karen’s Mercury Marquis on the night of Phree Morrow and Martha Leach’s murders. Or whether there was a black pickup truck involved. Perhaps all three vehicles were involved in some way or another.
If all of them—Sapp, Balser, Marciszewski, Turner, and Boone—met on Linden Avenue to “go partying,” they could have arrived there in different vehicles. They may have left together in the van, gone to the bakery, then returned to the Linden Avenue house with Phree and Martha, and the initial attack took place there. They probably took more than one vehicle to the pond area.
But were Phree and Martha forced into the van at the bakery, then taken to the house, where they were knocked unconscious? And then later raped and murdered at the pond? Or were the girls already at the pond and the whole attack took place there?
Although there are still unanswered questions and conflicting statements, a picture does emerge of what happened that hot summer night.
Hometown Killer Page 33