Willie Francis
Encyclopedia
Willie Francis is best known for being the first recipient of a failed execution by electrocution
in the United States. He was a black juvenile offender sentenced to death by electrocution by the state of Louisiana
in 1945 (at age 16) for murdering Andrew Thomas, a Cajun pharmacy owner in St. Martinville
who had once employed him.
Francis initially named several others in connection with the murder, but the police dismissed these claims. A short time later, Francis, under interrogation, confessed to Thomas' murder, writing, "It was a secret about me and him." The actual meaning of his statement is still uncertain, but author Gilbert King, in his book, "The Execution of Willie Francis," alludes to rumors in St. Martinville of sexual abuse by the pharmacist. Francis later directed the police to where he'd disposed of the holster used to carry the murder weapon. The gun used to kill Thomas was also found near the crime scene and belonged to a deputy sheriff in St. Martinville who had once threatened to kill Thomas. It, along with the bullets, disappeared from evidence just before the trial.
Despite two separate written confessions, Francis pleaded not guilty. During the trial of Willie Francis, the court-appointed defense attorneys offered no objections, called no witnesses and put up no defense. The validity of the confessions was not questioned by the defense. Just two days after the trial began, Willie Francis stood convicted of murder and was sentenced to death by twelve jurors and the judge.
failed to kill Willie Francis. Witnesses reported hearing the teenager scream from behind the leather hood, "Take it off! Take it off! Let me breathe!" as the supposedly lethal surge of electricity was being applied . Another report states that he called out, "I'm n-not dying!" It turned out that the portable electric chair known as "Gruesome Gertie
" had been improperly set up by an intoxicated prison guard and inmate from the Louisiana State Penitentiary
at Angola. The sheriff, E.L. Resweber, was later quoted as saying: "This boy really got a shock when they turned that machine on."
After the botched execution, a young lawyer, Bertrand DeBlanc, who was best friends with the victim, decided to take Francis's case, much to the dismay of the small Cajun town. He appealed to the Supreme Court
in Francis v. Resweber
, 329 U.S. 459 (1947), citing various violations of his Fifth
, Eighth
, and Fourteenth
Amendment rights. These included violations of equal protection, double jeopardy
, and cruel and unusual punishment
.
The preliminary vote was in Francis' favor. A court clerk mistakenly informed Francis' legal team he had won his appeal. In fact, in a 5-4 decision, the appeal was rejected. The dissenting opinion asked just how many attempted executions it took before it became cruel and unusual punishment. Behind the scenes, Justice Felix Frankfurter
, who cast the deciding vote to re-execute Francis, asked his old college roommate to secretly petition the Governor of Louisiana for a commutation
, which failed.
Subsequently, Willie Francis was executed at 12:05 pm (CST) on May 9, 1947.
, chronicles the murder of a local pharmacist in St. Martinville, Louisiana, named Andrew Thomas, the arrest of 16 year old Willie Francis, as well as the unprecedented court battle that followed. The project, produced by regional film director/producer Glen Pitre
, includes first hand accounts of Francis' original trial, interviews with Sister Helen Prejean
, author of Dead Man Walking, Gilbert King, author of The Execution of Willie Francis, and cultural perspective provided by director Allan Durand.
refer to Willie Francis in one of their songs about "The Boy Who Collected Crimes"
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
in the United States. He was a black juvenile offender sentenced to death by electrocution by the state of Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
in 1945 (at age 16) for murdering Andrew Thomas, a Cajun pharmacy owner in St. Martinville
St. Martinville, Louisiana
St. Martinville is a city in and the parish seat of St. Martin Parish, Louisiana, United States. It lies on Bayou Teche, sixteen miles south of Breaux Bridge, eighteen miles southeast of Lafayette, and nine miles north of New Iberia. The population was 6,989 at the 2000 census. It is part of the...
who had once employed him.
Arrest and trial
Andrew Thomas's murder remained unsolved for nine months, until August 1945 when Francis was detained in Texas due to his proximity to an unrelated crime. Police claimed he was carrying the wallet of Andrew Thomas in his pocket.Francis initially named several others in connection with the murder, but the police dismissed these claims. A short time later, Francis, under interrogation, confessed to Thomas' murder, writing, "It was a secret about me and him." The actual meaning of his statement is still uncertain, but author Gilbert King, in his book, "The Execution of Willie Francis," alludes to rumors in St. Martinville of sexual abuse by the pharmacist. Francis later directed the police to where he'd disposed of the holster used to carry the murder weapon. The gun used to kill Thomas was also found near the crime scene and belonged to a deputy sheriff in St. Martinville who had once threatened to kill Thomas. It, along with the bullets, disappeared from evidence just before the trial.
Despite two separate written confessions, Francis pleaded not guilty. During the trial of Willie Francis, the court-appointed defense attorneys offered no objections, called no witnesses and put up no defense. The validity of the confessions was not questioned by the defense. Just two days after the trial began, Willie Francis stood convicted of murder and was sentenced to death by twelve jurors and the judge.
Execution, appeal, and second execution
On May 3, 1946, the electric chairElectric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
failed to kill Willie Francis. Witnesses reported hearing the teenager scream from behind the leather hood, "Take it off! Take it off! Let me breathe!" as the supposedly lethal surge of electricity was being applied . Another report states that he called out, "I'm n-not dying!" It turned out that the portable electric chair known as "Gruesome Gertie
Gruesome Gertie
Gruesome Gertie was the nickname given by death row inmates to the Louisiana electric chair.-History:The 1940 Louisiana legislature had changed the method of execution, making execution by electrocution effective from June 1, 1941. Louisiana's electric chair did not have a permanent home at first,...
" had been improperly set up by an intoxicated prison guard and inmate from the Louisiana State Penitentiary
Louisiana State Penitentiary
The Louisiana State Penitentiary is a prison farm in Louisiana operated by the Louisiana Department of Public Safety & Corrections. It is the largest maximum security prison in the United States with 5,000 offenders and 1,800 staff...
at Angola. The sheriff, E.L. Resweber, was later quoted as saying: "This boy really got a shock when they turned that machine on."
After the botched execution, a young lawyer, Bertrand DeBlanc, who was best friends with the victim, decided to take Francis's case, much to the dismay of the small Cajun town. He appealed to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in Francis v. Resweber
Francis v. Resweber
State of Louisiana Ex Rel. Francis v. Resweber, , is a case in which the U.S. Supreme Court was asked whether imposing capital punishment a second time, after it failed in an attempt to execute Willie Francis in 1946, constituted a violation of the United States Constitution...
, 329 U.S. 459 (1947), citing various violations of his Fifth
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
, Eighth
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
, and Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
Amendment rights. These included violations of equal protection, double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
, and cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
.
The preliminary vote was in Francis' favor. A court clerk mistakenly informed Francis' legal team he had won his appeal. In fact, in a 5-4 decision, the appeal was rejected. The dissenting opinion asked just how many attempted executions it took before it became cruel and unusual punishment. Behind the scenes, Justice Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
, who cast the deciding vote to re-execute Francis, asked his old college roommate to secretly petition the Governor of Louisiana for a commutation
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
, which failed.
Subsequently, Willie Francis was executed at 12:05 pm (CST) on May 9, 1947.
Documentary
Willie Francis was the subject of a 2006 documentary titled Willie Francis Must Die Again, written and directed by filmmaker Allan Durand. The film, narrated by actor Danny GloverDanny Glover
Danny Lebern Glover is an American actor, film director, and political activist. Glover is perhaps best known for his role as Detective Roger Murtaugh in the Lethal Weapon film franchise.-Early life:...
, chronicles the murder of a local pharmacist in St. Martinville, Louisiana, named Andrew Thomas, the arrest of 16 year old Willie Francis, as well as the unprecedented court battle that followed. The project, produced by regional film director/producer Glen Pitre
Glen Pitre
Glen Pitre is an American screenwriter and film director. He has written nine films since 1986. His debut film Belizaire the Cajun was screened in the Un Certain Regard section at the 1986 Cannes Film Festival.-Filmography:...
, includes first hand accounts of Francis' original trial, interviews with Sister Helen Prejean
Helen Prejean
Sister Helen Prejean, C.S.J., is a Roman Catholic religious sister, a member of the Congregation of St. Joseph, who has become a leading American advocate for the abolition of the death penalty.-Death row ministry:...
, author of Dead Man Walking, Gilbert King, author of The Execution of Willie Francis, and cultural perspective provided by director Allan Durand.
Feature film
As of 2009, Willie Francis Must Die Again is in development to become a feature film. Allan Durand, who wrote and directed the 2006 documentary of the same name, has penned the first draft of the adaptation. The France-America Film Group, Durand's Louisiana based production company will co-produce the picture with two companies that have remained unnamed.See also
The ResidentsThe Residents
The Residents is an American art collective best known for avant-garde music and multimedia works. The first official release under the name of The Residents was in 1972, and the group has since released over sixty albums, numerous music videos and short films, three CD-ROM projects and ten DVDs....
refer to Willie Francis in one of their songs about "The Boy Who Collected Crimes"
- Capital punishment in Louisiana
- Capital punishment in the United StatesCapital punishment in the United StatesCapital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
- Francis v. ResweberFrancis v. ResweberState of Louisiana Ex Rel. Francis v. Resweber, , is a case in which the U.S. Supreme Court was asked whether imposing capital punishment a second time, after it failed in an attempt to execute Willie Francis in 1946, constituted a violation of the United States Constitution...
- John Babbacombe Lee
- Joseph SamuelJoseph SamuelJoseph Samuel was an Englishman legendary for the manner in which he survived execution. Convicted for robbery in 1795, he was sentenced in 1801 to transportation to Australia, aboard the Nile, Canada and Minorca. Australia at this time held a penal settlement at Sydney Cove...
- Pedro MedinaPedro MedinaPedro Luis Medina was a Cuban refugee who was executed by the state of Florida for the murder of a 52-year-old woman in Orlando...