Page:Walls v. State (1999).pdf/7

496

"But if these people are going to testify to things she can relate up to how it has impacted them, I'm going to allow it." With the assurance that uncharged acts would not be included for sentencing purposes but that the circuit judge would listen to whatever impacted Heath's life, the sentencing hearing continued.

After defense counsel's objection was overruled, the prosecutor elicited from Heath a vivid description of Walls's solicitation to murder the Hogans and an even more graphic recounting of Walls's involvement in the Stocks murders. The essence of the testimony was that Walls had trained Heath to be an assassin. After Heath told his mother and sister about his homosexual relationship with Walls, he told Walls what he had done. According to Heath, Walls told him to "take care of the problem," which he interpreted to mean "kill it." Defense counsel, on cross-examination, explored whether Heath blamed Walls for the murders in an effort to establish that Heath committed the murders, not Walls.

The prosecutor next called Robert Marble, minister of the United Methodist Church in Concord, as a witness. Reverend Marble testified that Heath told him on two occasions that Walls had told him to kill his family. Defense counsel did not object to this testimony.

On February 4, 1998, the circuit judge sentenced Walls. Before pronouncing sentence, the judge made a lengthy statement about the case. Towards the end of his statement, the judge said: I do not have to believe Heath Stocks's testimony that you told him to kill his testimony (sic) to know that he was your finest creation, and perhaps most vulnerable victim, and to know that he became what you taught him to be. I only know that, in the very least, you are indirectly responsible for the deaths of Joe, Barbara and Heather Stocks. The circuit judge followed this with a finding that "many of these young men stalked the Hogans for you [Walls]." Shortly thereafter the circuit judge pronounced sentence.