53rd murderer executed in U.S. in 2001
736th murderer executed in U.S. since 1976
16th murderer executed in Oklahoma in 2001
46th murderer executed in Oklahoma since 1976
(Race/Sex/Age at Murder-Execution) |
Birth |
(Race/Sex/Age at Murder) |
Murder |
Murder |
to Murderer |
Sentence |
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Alvie James Hale, Jr. W / M / 35 - 53 |
William Jeffery Perry W / M / 24 |
Summary:
Alvie James Hale, Jr. was convicted in of Murder in the First Degree and Kidnapping for Extortion of William Jeffrey Perry. The death penalty was assessed for the murder conviction and life imprisonment was assessed for the kidnapping conviction. Hale was first convicted in federal court of Extortion. The victim, his sister, and his parents owned and managed a local bank. When he failed to arrive for work Tuesday morning, October 10, 1983, his sister went to his home and found him missing. Perry's family received telephone calls demanding $350,000 for his release. The F.B.I. was called and traced the telephone calls made to the Perrys. They were also present on October 12 when Mrs. Perry placed the cash at the dropsite. Appellant arrived and picked up the money before Mrs. Perry could get back into her vehicle. The F.B.I. agents pursued appellant traveling at high speeds in Oklahoma City until his vehicle finally came to a stop after hitting a drainage ditch, went airborne and then finally stopped after an F.B.I. agent's vehicle collided head on with appellant's truck. All the money Mrs. Perry had delivered was found in the truck. Appellant made a statement to F.B.I. claiming that he had been hired by a man named Poe to pick up money owed Poe by the Perry's. He stated that he knew nothing of the disappearance of Jeff Perry.
Hale's father gave law enforcement officers consent to search his home and property. Officers found there the victim's body wrapped in a dark colored trampoline tarp within a metal storage shed; one which fit a trampoline frame found at his own home. Jeff Perry had been shot a number of times. Also located there was a cream colored station wagon appellant had used the morning of October 11th. A blood stained towel was found in the vehicle which contained a hair identified as that of Hale. A .38 caliber revolver was found in a kitchen cabinet. There was a great deal of other physical evidence linking appellant to the offenses.
Citations:
Hale v. State, 750 P.2d 130 (Okl.Cr. 1988) (Direct Appeal).
Hale v. Oklahoma, 109 S.Ct. 195 (1988) (Cert. Denied).
Hale v. State, 807 P.2d 264 (Okl.Cr. 1991) (PCR).
Hale v. Oklahoma, 112 S.Ct. 280 (1991) (Cert. Denied).
Hale v. State, 934 P.2d 1100 (Okl.Cr. 1997) (PCR).
Hale v. U.S. Dept. of Justice, 973 F.2d 894 (10th Cir. 1992) (FOIA).
Hale v. U.S. Dept. of Justice, 2 F.3d 1055 (10th Cir. 1993) (FOIA).
Hale v. U.S. Dept. of Justice, 99 F.3d 1025 (10th Cir. 1996) (FOIA).
Hale v. U.S. Dept. of Justice, 113 S.Ct. 3029 (1993) (Cert. Granted).
Hale v. Gibson, 227 F.3d 1298 (10th Cir. 2000) (Habeas).
Hale v. Gibson, 121 S.Ct. 2608 (2001) (Cert. Denied).
Hale v. U.S. Dept. of Justice, 226 F.3d 1200 (10th Cir. 2000) (FOIA).
Hale v. Department of Justice, 122 S.Ct. 18 (2001) (Cert. Denied).
In re Hale, 122 S.Ct. 418 (2001) (Stay).
In re Hale, 122 S.Ct. 418 (2001) (Stay).
Internet Sources:
Oklahoma Department of Corrections
The Oklahoma Court of Criminal Appeals scheduled an execution date for a man who kidnapped and murdered a Tecumseh banker in 1983. Alvie Hale Jr., 52, kidnapped William Jeffrey Perry, 24, from his home in Tecumseh on October 10, 1983 and made a series of phone calls to Perry's parents in which he demanded $350,000 in ransom. Perry's parents ran the Farmers' and Merchants' Bank of Tecumseh. His bullet-ridden body was discovered less than two hours after Hale was arrested in Oklahoma City, on land in Pottawatomie County owned by Hale's father. He had been shot five times with a .38-caliber revolver, which was found in the kitchen at the home of Hale's father. The body was wrapped in the cover of a trampoline from Hale's home in Shawnee. A $350,000 ransom payment was recovered from Hale's vehicle.
More than 18 years later, Perry's family members were preparing to remind the Oklahoma Pardon and Parole Board who William Jeffrey Perry was. Hale's clemency hearing was scheduled for Aug. 13. Perry's mother, Joan Perry, said she was choosing photographs and gathering letters about her son from family and friends to present to the board. "I guess that's what I was looking for, a little peace," Perry said concerning Hale's execution. "I don't like that word closure because my son's death will be with me always. "I'm a confused mother right now," she added.
Death Penalty Institute of Oklahoma
Alvie Hale - Stay of Execution (Robert Peebles)
Alvie James Hale Jr, who was scheduled to be executed on September 4, 2001, was given a stay of execution this week by the 10th Circuit Court of Appeals.
Hale has a petition for Writ of Certiorari pending in the US Supreme Court on a collateral matter. The 10th Circuit has ordered the stay while that is pending. A decision on the petition in the US Supreme Court is due at the beginning of October when the Supreme Court returns from its summer recess. Hale was sentenced to death for the 1983 murder of William Jeffrey Perry, 24.
National Coalition to Abolish the Death Penalty
Alvie Hale Jr. - Scheduled Execution Date and Time: 10/18/01 10:00pm EST.The issues of fairness and partiality played center stage in the trial of Alvie Hale in Tecumseh, Oklahoma.. Of the 12 jurors, six had formed an opinion of Hale’s guilt- during jury selection. Moreover, three were friends of the victim, William Perry. Hale’s attorney made a motion to have the trial venue moved, to no success. The change of venue was needed due to Perry’s prominence in the county and the high-profile nature of the case. Quite surprisingly, then, the trial court and the subsequent appeals courts found no reason for a change of venue.
A closer look at the jury selection shows pervasive contamination of the juror pool. The jury in this case was to be selected from a group of 37 prospective jurors. Of this group, 34 had extensive knowledge of the case, twelve had formed an opinion about guilt, four knew Hale, and eight knew Perry or his family. This doesn’t even count the three potential jurors removed for bias. When almost 25 percent of the jury pool has personal knowledge of a victim, the potential for bias is extremely high.
Due Process is at the heart of the American judicial system, requiring a panel of impartial jurors in criminal proceedings. Jury bias completely denies a defendant’s right to a fair trial, because the verdict is not based on evidence but opinion. Particularly in a capital case, delegating justice to the passions of biased jurors is dangerous and risks the execution of the innocent. Please contact the State of Oklahoma to voice your concern about these infringements on our civil liberties.
"Hale Granted Stay of Execution," by Ann Kelley. (July 31, 2001)
Death row prisoner Alvie James Hale Jr. will not die by lethal injection Sept. 4 as scheduled. The U.S. 10th Circuit Court of Appeals Friday granted Hale an indefinite stay of execution, pending the outcome of a case filed in federal court by his attorneys.
Hale, a former Shawnee bakery owner, was convicted of the kidnapping and murder of William Jeffrey Perry, 24, a Tecumseh banker. Perry was taken Oct. 10, 1983, from his home. His bullet-ridden body was discovered less than two hours after Hale was arrested in Oklahoma City. A $350,000 ransom payment was recovered from Hale's vehicle.
More than 18 years later, Perry's family members were preparing to remind the Oklahoma Pardon and Parole Board who William Jeffrey Perry was. Hale's clemency hearing was scheduled for Aug. 13. Perry's mother, Joan Perry, said she was choosing photographs and gathering letters about her son from family and friends to present to the board. "I guess that's what I was looking for, a little peace," Perry said concerning Hale's execution. "I don't like that word closure because my son's death will be with me always. "I'm a confused mother right now," she added.
Hale's attorney, Gloyd L. McCoy, alleges Federal Bureau of Investigation officials failed to turn over between 1,000 to 1,200 documents connected with the murder investigation that may have aided in Hale's defense. He said the FBI has already produced about half of those documents and the federal case is to obtain the remaining 500- to 600-piece paper trail. "It's the same thing that happened in the McVeigh case," McCoy said. McCoy said information in documentation the FBI is not sharing with the defense may prove others were involved in Perry's murder and kidnapping.
Hale's stay of execution could delay his death as long a two years, although McCoy said he is hopeful the documents' contents will get his client removed from death row. The U.S. Freedom of Information's Act case between Hale and the FBI will be in the hands of the U.S. Supreme Court when it reconvenes in October. Oklahoma Assistant Attorney General Jennifer Miller said it is unlikely anything exists in the documentation that could reverse Hale's capital murder sentence. Miller said the attorney general's office is not part of the lawsuit, although she plans to petition the federal court for a special appearance and request they vacate their order for Hale's stay of execution. Miller said she believes the 10th Circuit does not have proper jurisdiction to grant the order. "We're going to do everything within our power to make sure his sentence is carried out," Miller said.
Oklahoma Coalition to Abolish the Death Penalty
Alvie James Hale executed October 18, 2001 - 5 Protestors Arrested
On October 18, 2001, the people of Oklahoma executed Alvie James Hale, after a final plea before the U.S. Supreme Court failed. Read the Shawnee News-Star report of the execution. Alvie "Jim" Hale was 53. He was convicted in Pottawatomie County in 1984 of the kidnapping/murder of William Jeffrey Perry. He and others maintained that he did not act alone, as convicted, and he maintain he was not the murderer. Jim Hale was reputed by many to be a model prisoner. He served as the Law Librarian for Death Row assisting inmates and many attorneys.
During a protest of the execution in front of the Pardon and Parole Board offices, on October 18, five people were arrested in an act of civil disobedience. The protest focused on the unanimous rejection of Jim Hale's request for clemency. On September 19, 2001 the Oklahoma Pardon & Parole Board voted 5-0 to not grant clemency for Mr. Hale after hearing an eyewitness recant her testimony, and about Mr. Hale's life on death row as a "model prisoner" and law librarian. Read a report of the Pardon & Parole Board hearing by OCADP member, Dr. Bill Martin, as well as a report by the Shawnee News-Star.
On October 2, 2001 the Court of Criminal Appeals granted Attorney General Drew Edmondson's request and set October 18, 2001 as the execution date for Alvie James Hale, Jr., as reported by AP. On July 27, the Tenth Circuit Court ordered a stay of the execution while a writ of certiorari was pending with the Supreme Court. The Shawnee News-Star reported the stay on July 31. According to AP reports and an article in the Shawnee News-Star on August 31, the U.S. Supreme Court rejected his appeal, thus over-turning his stay of execution. The stay had been granted due to over 400 FBI documents apparently withheld from Mr. Hale's defense. (10/19/2001)