Spencer v. Commonwealth

In a bifurcated jury trial conducted pursuant to Code §§ 19.2-264.3 and -264.4, Timothy Wilson Spencer was convicted of the capital murder of Dr. Susan Hellams, i.e., the willful, deliberate, and premeditated murder during the commission of, or subsequent to, rape, former Code § 18.2-31 (e) (1987 Cum. Supp.). The jury also convicted Spencer of the rape of Hellams, of the forcible sodomy of Hellams, and of burglary, i.e., breaking and entering Helianas’ dwelling house in the nighttime with intent to commit rape.

The jury fixed Spencer’s punishment at death for the capital murder conviction, at…