Media advisory: Robert C. Ladd scheduled for execution
On April 23, 2003, the U.S. Court of Appeals for the Fifth Circuit stayed Robert C. Ladd's execution.
AUSTIN - Texas Attorney General Greg Abbott offers the following information on Robert Charles Ladd, who is scheduled to be executed after 6 p.m. on Wednesday, April 23, 2003.
On Aug. 27, 1997, Robert Charles Ladd was sentenced to death for the capital murder of Vickie Ann Gardner, which occurred in Tyler, Texas, on Sept. 25, 1996. A summary of the evidence presented at trial follows.
FACTS OF THE CRIME
On Sept. 25, 1996, firemen responding to a fire in Vickie Ann Gardner's apartment found her on the floor with her wrists bound together. The fire had been set on or near her body, probably on bedding that had been placed between her legs. She had been severely burned and suffered head wounds. Gardner died of strangulation. DNA tests later showed that spermatozoa found in Gardner's body was consistent with Ladd's. Garner's apartment had been ransacked. A microwave oven, combination television/video recorder, jewelry, and two telephones were missing from her apartment.
Johnny Robertson lived in an apartment about six blocks from Garner's apartment. According to Robertson, sometime between 9:00 and 10:00 p.m. on Sept. 24, 1996, Ladd brought the TV/VCR combination, cordless telephone, microwave oven, and clock to Robertson's apartment. Robertson gave Ladd five $20 rocks of crack cocaine for the items. The next morning, Ladd returned with additional electronic products and a pillowcase stuffed with various food products. Robertson gave Ladd two $20 rocks of crack cocaine for the items.
Ladd was subsequently linked to the stolen property, and his palm print was found on a kitchen cabinet in the apartment. Ladd was previously an employee and a client of a rehabilitation center where Garner worked.
PROCEDURAL HISTORY
Ladd was indicted in the 114th District Court of Smith County, Texas, for the capital offense of murdering Vickie Ann Gardner during a burglary/robbery/arson/sexual assault. On Aug. 26, 1997, Ladd was convicted of capital murder. On Aug. 27, 1997, following a separate punishment hearing, and based on the jury's answers to the special issues presented during that hearing, the trial court assessed Ladd's punishment at death by lethal injection.
The Texas Court of Criminal Appeals affirmed the conviction and sentence on Oct. 6, 1999. The Supreme Court denied Ladd's petition for writ of certiorari. On Dec. 15, 1999, the Court of Criminal Appeals denied Ladd's state habeas corpus petition.
Ladd then sought federal habeas corpus relief in the district court in Tyler. That court denied the writ on Oct. 24, 2001. Ladd appealed, and on Oct. 24, 2002, the United States Court of Appeals for the Fifth Circuit affirmed. Ladd then attempted to file a petition for writ of certiorari in the United States Supreme Court, but missed his deadline for doing so. On March 24, 2003, the Court denied his unopposed motion for extension of time to file the petition for writ of certiorari.
Ladd filed a successive state habeas petition on April 4, 2003. The Court of Criminal Appeals dismissed it for abuse of the writ on April 17, 2003. He filed a cert petition seeking review of the judgment of the Texas Court of Criminal Appeals.
PRIOR CRIMINAL HISTORY
On Aug. 16, 1974, Ladd pleaded guilty to unauthorized use of a motor vehicle and received a four-year sentence, which was probated. On April 8, 1975, Ladd's probation was revoked and his sentence was reduced to two years in prison. On Sept. 8, 1980, Ladd pleaded guilty to two charges of murder, one charge of arson, and one charge of theft. Ladd received a 40-year prison sentence for each charge of murder, a 20-year prison sentence for the arson charge, and a 10-year sentence for the theft charge. On Jan. 13, 1984, Ladd pleaded guilty to another charge of murder and received a 40-year prison sentence.
Except for additional victims, the murder and arson offenses were virtually identical to the murder of Gardner in 1996. On Oct. 25, 1978, a fire was discovered in the Dallas, Texas, apartment of Vivian Thompson. The bodies of Thompson and her infant children, Latoya and Maurice, were found inside.
MISCELLANEOUS
For additional information and statistics, please logon to the Texas Department of Criminal Justice website, www.tdcj.state.tx.us.
