Criminal Law Section Executive Council Meeting Hilton Orlando

Transcription

Criminal Law Section Executive Council Meeting
Hilton Orlando Lake Buena Vista
1751 Hotel Plaza Blvd., Lake Buena Vista, FL 32830 Phone # (407) 827-4000
January 23, 2015 9:00 A.M – 12:00 P.M. – Location: Palm Ballroom 5
Breakfast Buffet Provided
Meeting Agenda
CALL-IN NUMBER: 888-376-5050, PARTICIPANT CODE: 6475216532#
CHAIR CODE: 15142#
I.
Call to Order and Welcome by Chair David Rothman
II.
Roll Call
Exhibit 1
III.
Approval of Meeting Minutes
• September 12, 2014
Exhibit 2
IV.
Report of the Chair
V.
Board of Governors Liaison Report – Michelle Suskauer
VI.
Treasurer's Report
VII.
Committee Reports
A.
B.
C.
D.
E.
VIII..
Long Range Planning Committee
Membership
P/PD Program
Selig Goldin
Website
Increasing Section Effectiveness – Website, Members Only Section
New and Old Blood Discussion
CLS Strike Force
CADRA Legislative Position
2015 Student Loan Forgiveness Bill HB45
2015 Student Loan Forgiveness Bill SB150
PILS capital case death phase law change proposal
Bennett Prosecutor/Public Defender Training Program Pledge Renewal
Next Meetings of the Executive Council
•
XII.
F.
G.
H.
I.
J.
New Business
•
•
•
•
X.
Capital Cases
Communications
CLE
Federal Practice
Legislative
Old Business
•
•
•
•
IX.
Exhibit 3
Annual – June 26, 2015
Adjournment
Boca Raton Resort & Club, Boca Raton, FL
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
EXHIBIT 1
Criminal Law Section
Executive Council Meeting - January 23, 2015
Name
David Bill Rothman, Chair
Angelica D. Zayas, Chair-elect
Joel M. Silvershein, Secretary
Martin P. McDonnell, Treasurer
Michelle Suskauer, Board Liaison
Susan Hugentugler, Past Chair
Oliver David Barksdale
Jason B. Blank
Robert Henry Dillinger
H Scott Fingerhut
Jeffrey Mark Harris
Mac Devon Heavener III
Richard L. Hersch
Les Hess
Cynthia Gelmine Imperato
Abraham Laeser
Jeffrey Richard Levenson
Sheryl Joyce Lowenthal
Larry Donald Murrell, Jr.
Richard L. Polin
Donald Eugene Scaglione
Harvey Joel Sepler
James Wesley Smith III
Kenneth M. Swartz
Brian Lee Tannebaum
George Euripedes Tragos
Larry Gibbs Turner
William C. Vose
Samantha Lee Ward
Gary Steven Winston
Paul H. Zacks
Jennifer Mary Zedalis
Present
Absent
Comments
EXHIBIT 2
CRIMINAL LAW SECTION EXECUTIVE COUNCIL
MINUTES OF THE SEPTEMBER 12, 2014 MEETING
HYATT ORLANDO AIRPORT
I.
CALL TO ORDER
The meeting was called to Order by Chair David Rothman
Present were the following members: David Rothman (chair), Judge Angélica Zayas
(chair-elect), Joel Silvershein (Secretary), Michelle Suskauer (Board Liaison), Susan
Hugentugler (Immediate Past Chair), O. David Barksdale, Jason Blank, Robert Dillinger,
Jeffrey Harris, Mace Heavener, Judge Richard Hersch, Les Hess, Judge Cynthia
Impertato, Abraham Laeser, Sheryl Lowenthal, Larry Donald Murrell, Jr., Judge Donald
Scaglione, Harvey Sepler, Kenneth Swartz, Brian Tannenbaum, George Tragos, Larry
Turner, William Vose,
Present by Telephone were the following members: Judge Jeffrey Levenson, Richard
Polin, Kenneth Swartz, Jennifer Zedalis.
Absent were Martin McDonnell (Treasurer), H. Scott Fingerhut, James Smith, Samantha
Ward, Gary Winston, Paul Zacks.
Also Present was Hank Coxe.
Also Present by Telephone was Dixie Teel (Bar Staff).
II.
CLS MISSION STATEMENT
The proposed mission statement issue was taken out of order. Exhibit Four of the agenda
was written by David Barksdale, after looking at other section websites, and edited by
Larry Turner. The concept of a three line mission statement was moved by Bob Dillinger,
seconded by Judge Imperato, and approved by voice vote.
III.
COMMUNICATIONS
The report regarding communications was also taken out of order. The report was a
follow up from the June 2014 meeting regarding the website and e-blasts. Susan
Hugentugler reported that she was hoping to send out e-blasts every few months.
Additionally, there would be postings regularly on the website, but e-blasts on a less
frequent basis.
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IV.
CHAIR’S REPORT
Chairman Rothman reported that membership expanded to 2185 members. Involvement
needed to increase, and that one member from each circuit needed to contact former
members to get involved. Regarding this issue, Larry Turner noted that the Young
Lawyers Division sent a letter to other sections to partner with other sections.
Chairman Rothman also noted the lack of diversity within the executive council. The
survey results reflect that the section is not attracting younger members. Suggestions to
correct this issue included recruiting younger lawyers onto subcommittees and joint
projects with local bars.
V.
ATTENDANCE AND APPROVAL OF MINUTES
Attendance was taken by a roll call. New executive council members Jason Blank and
Mac Heavener were introduced. The minutes of the June, 2014 meeting were amended by
correcting the spelling of Judge Levenson’s name. Susan Hugentugler moved the
approval of the minutes as amended, which was seconded by Harvey Sepler. The minutes
were approved by voice vote.
VI.
BOARD OF GOVERNORS LIAISON REPORT
Michelle Suskauer reported that last meeting of the Board of Governors was held in Palm
Beach, and that the next meeting would be held in Philadelphia. The PEC committee, led
by David Prather, would be reviewing all areas of certification, and advised the executive
council to let her know of any issues. The results of the survey were concerning, because
the section is not growing, and that there is a need for new leaders. It was noted that 28%
of the section had over 30 years of experience, and that 50% had over 20 years of
experience.
At this time, the only recognized legislative position of the section was for a
comprehensive review of the death penalty. Chairman Rothman suggested that members
of the council think through some issues and to look for a unified position for the Bar.
There was discussion about the passage rate among the certification exam. Of the 58
people taking the review, only eight passed. Jeff Harris noted that usually 30% pass.
Judge Hersch suggested that the test should be looked at to see if it is appropriate. Judge
Zayas said there is nothing this section can do, because it is a BLSE issue, but we can
communicate our concern. It was also noted that the test was vetted, and pretested by the
BLSE using certified lawyers in that area, and that the multiple choice portion was tested
by the University of Florida.
Jeff Harris and Judge Hersch still felt something is wrong with the test, and that there was
a need to compare our passage rates to those in other states. Michelle Suskauer said to
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send any concerns to her. Chairman Rothman noted that the Section needs to find out
from BLSE the passage rates, and whether this past year was an aberration. George
Tragos also suggested looking at the criminal appellate exam. Judge Zayas also noted that
there is an evolution in when people are applying, and to look into how many years of
practice at the time of the application.
Michelle Suskauer also noted one more matter, which was potentially an issue.
Representative Rousan wants to change the law regarding mentally ill defendants paired
with a caregiver.
Brian Tannebaum brought up the issue of loan forgiveness as an additional position to be
taken by the section. Bob Dillinger noted that section dues and costs related to the
certification exam could not be paid out of the budget. Harvey Sepler suggested that a
letter be composed to all state attorneys and public defenders considering whether they
would participate in a program if the Criminal Law Section would subsidize five people
from their office to take the certification exam.
VII.
TREASURER’S REPORT
The treasurer’s report was presented by Dixie Teel in the absence of Martin McDonnell.
A detailed accounting was presented to the executive council as to the revenues and
expenditures to the 2013-2014, including those related to CLE and the St. Thomas Law
Review. It was noted that there was a benefit to the section due to the investment
allocation line. There was also a 33% decrease in operating expenses of the P/PD
program. The annual meeting line went slightly over budget by $138. Additionally, the
overage on the budget line for the website was due to ADA compliance. The section also
sponsored the Government Lawyer’s Section program for former Governor Graham
($250) and the judicial luncheon ($1000). The Legislative Consultant line of $10,000 was
not used.
Discussion then went to the issue to the issue of the St. Thomas Law Review. Several
members of the Executive Council were not pleased with the quality of the third issue.
Jeff Harris also raised concerns about the billing. Susan Hugentugler noted that she tried
to get the articles by the annual meeting, and that the preface had a disclaimer that the
articles do not represent the view of the Criminal Law Section.
George Tragos moved that we adopt the treasurer’s report, which was seconded by Sheryl
Lowenthal. The motion passed by voice vote.
In further discussion, it was noted that the section reduced expenses by 25%. Abe Laeser
stated that the Section should find a useful way to use the large fund balance. Chairman
Rothman said there would be further discussions about the fund balance at the January
meeting.
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VIII. COMMITTEE REPORTS
The discussion began with Chairman Rothman noting the need to get members to get
active and on subcommittees. Michelle Suskauer proposed that the first 250 lawyers who
join and are active, that the Criminal Law Section would sponsor their membership.
Jason Blank remarked that such a proposal should be limited to lawyers who have 10
years or less of experience. It was then suggested that Chairman Rothman write an article
for the Florida Bar News that the Criminal Law Section would sponsor 100 members
who have 10 years of experience or less if they were to participate in section
subcommittees. Jason Blank then volunteered to write the article. Letters would also be
sent to the State Attorneys, Public Defenders, FACDL, and the Young Lawyers Division.
Jason Blank moved the proposal, which was seconded by Judge Imperato, and was
passed by voice vote.
A. CAPITAL
The capital subcommittee initially noted a proposal by the Criminal Rules Committee
which would allow for lawyers to use capital murder trials which they prosecuted to
count towards the requirements for the qualifications under Fla.R.Crim.P. 3.112.
Donnie Murrell remarked that we should review the position that we take on capital
cases and move forward on those issues. Abe Laeser noted that there would be
difficulty in such a review, although important, due to the current imbalance on the
Executive Council. Voting would be a wasted effort due to the Executive Council
being mostly defense attorneys, and that prosecutors would not be able to deviate
from their office positions.
Chairman Rothman noted that it was the legislature which will make any changes, but
that the Section should create a forum on capital subjects. Judge Zayas stated that the
Executive Council already voted on a proposal, but needed to deal with matters
currently before the legislature. Michelle Suskauer agreed that action needs to be
taken on issues like unanimous jury verdicts. Chairman Rothman assigned Abe
Laeser to look into issues that needed to be discussed, and to use the website for such
a discussion. Also an article should be put in the Florida Bar News to bring people to
the website for discussion and interest.
B. P/PD
Jennifer Zedalis reported that they had a great week, and comments were being
complied, and provided to the counsel. The faculty was great, and, so far, the
evaluations were high. Some minor tweaks needed to be made, including the section
on how to present voir dire. Also, there was a need to update addresses for payment.
C. COMMUNICATIONS
Richard Polin agreed to be co-chair with Bill Vose.
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D. CLE
The Criminal Law Update is scheduled for December 5, 2014, and will include the
hours required to comply with Fla.R.Crim.P. 3.113. The hope is to develop the
Fla.R.Crim.P. 3.113 required program, and to have it presented in several locations.
The Federal Law Seminar will be presented on January 16, 2015.
Harvey Sepler suggested that an ethics seminar be presented. After discussion, it was
determined that an ethics seminar should be scheduled for Fall, 2015, and possibly
through an e-portal.
E. FEDERAL PRACTICE
No report. However, Mac Heavener noted that not all AUSAs or Federal Public
Defenders are members of the Florida Bar.
F. LONG RANGE PLANNING
No report
G. LEGISLATIVE
One of the goals of the upcoming session is to decriminalize certain felonies. Also to
consider not suspending driver’s licenses for failing to pay fines and costs.
H. SELIG GOLDIN AWARD
No report. However it is time to start thinking about nominees for the award.
I. WEBSITE
Jason Blank and Susan Hugentugler agreed to be co-chairs. Michelle Suskauer
remarked that other sections have expanded to a number of social media platforms.
IX.
OLD BUSINESS
Abe Laeser gave a comprehensive presentation regarding the proposal of the Legal Needs
of Children Section regarding direct filing of juveniles into the adult system. After
review, it was determined that the premise of the proposal was not factually correct. Also
the proposition that the adult court judge could reverse the decision of the State Attorney
is subject to issues regarding separation of powers. It was also noted that the adult court
had the ability to sentence the defendant as a juvenile after a finding of guilt.
5
Judge Hersch raised the concern about public defenders being forced into a commitment
or else having their client direct filed. However, Abe Laeser noted that such a situation is
no different than an offer at arraignment.
Additionally, Judge Hersch questioned whether there was a racial imbalance. Chairman
Rothman also noted that the Public Defender in Broward raised an issue of racial
imbalance in a letter, but also noted that not all problems are solvable. Jeff Harris was not
satisfied that the racial component of the referral was addressed, and urged that this
portion of the discussion should continue, and to determine if there was a problem.
Chairman Rothman stated that the bottom line was that there was nothing we could do
today, but that the subcommittee is to look at the juvenile justice system to address the
issues raised by Judge Hersch and Jeff Harris.
Judge Hersch said he will attend the DJJ conference on October 21, 2014. Abe Laeser
will also try to attend.
X.
NEW BUSINESS
A. CADRA
A legislative position was passed along to this Section regarding the proposed Computer
Abuse and Data Recovery Act (CADRA). No action was taken by the Executive Council.
B. INTERNAL RULES
Discussion was on whether to change the Rules to make those who have served as a
Chair of the Section permanent members of the Executive Council. The benefit to such a
rule change would open new seats up, and get new blood and diversify the composition
of the Executive Council.
Donnie Murrell initially noted that limiting consecutive terms would remedy the
situation. David Barksdale then made a motion to have past chairs become permanent
members of the section. Abe Laeser seconded the motion. The motion was later
withdrawn, and would be discussed at the January, 2015 meeting. George Tragos would
provide a bylaw change at that time.
C. STRIKE FORCE
Chairman Rothman raised the issue of having the Criminal Law Section have a strike
force to defend the independence of the judiciary, and for unfair comments on the
judiciary and the judicial system. There was some debate as to whether a permission of
the judge was needed, who makes the decision as to when the Section should act, and
whether the Section had the ability to act quickly. It was emphasized by Chairman
Rothman that any action would not be about defending a judge on a controversial issue,
but on the independence of the judiciary. Further discussion would be addressed in the
future.
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D. RULES OF JUDICIAL ADMINISTRATION
It was brought to the attention of the Executive Council that the Rules of Judicial
Administration was going to propose rules regarding coverage attorneys. The Section
should communicate with the Rules of Judicial Administration regarding concerns about
any proposed rule.
XI.
ADJOURNMENT
The meeting adjourned at 12:40 PM. Next meeting is scheduled for January 23, 2015 at the
midyear meeting to be held at the Hilton Lake Buena Vista.
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EXHIBIT 3
Report :
1 of
Program : YAZAPFR
User id : JSMITH
1
Unaudited Statement of Operations
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
December
YTD
2014
14-15
Actuals Actuals
Criminal Law
~~~~~~~~~~~~
31431 Sect Dues
Total Dues Income Net
32001
32191
32293
38499
Registrations
CLE Courses
Sect Differential
Investment Alloc
Other Income
Total Revenues
36998
51101
71001
84001
84002
84006
84009
84010
84051
84052
84054
84101
84201
84202
84204
84205
84301
84302
84422
84501
84701
84998
84999
85055
85058
Credit Card Fees
Employee Travel
Phone/Direct
Postage
Printing
Newsletter
Supplies
Photocopying
Officers Travel Exp
Mtg Travel Exp
CLE Speaker Exp
Committee Exp
Board Or Council Mtg
Annual Mtg
Midyear Mtg
Section Service Prog
Awards
Scholarships
Website
Legis Consultant
Council Of Sections
Operating Reserve
Miscellaneous
PPD Training Program
PPD Endowmnt Contrib
Total Operating Expenses
31433 Section Mgmt Fee
86431 Mtgs Admin
86543 Graphics & Art
Total TFB Support Services
100
-------100
-------0
2,729
675
-1,816
-------1,588
--------------1,688
-------2
0
40
0
4
0
32
0
0
0
0
24
0
0
0
0
0
0
175
0
0
0
0
0
0
-------277
-------18
0
0
-------18
--------
52,151
------52,151
------13,800
21,117
2,175
-5,934
------31,158
------------83,309
------12
-1
40
0
327
0
32
44
0
0
0
99
2,221
0
0
0
0
0
875
0
0
0
4,801
11,355
0
------19,805
------36,559
0
0
------36,559
-------
Budget Percent
Budget
56,375
------56,375
------13,000
24,000
8,125
9,789
------54,914
------------111,289
------50
3,950
1,000
750
300
1,500
500
150
500
500
1,000
300
1,000
10,000
1,000
1,000
1,500
2,500
3,000
10,000
300
9,476
5,000
17,000
25,000
------97,276
------39,463
5,460
1,501
------46,424
-------
92.51
------92.51
------106.15
87.99
26.77
-60.62
------56.74
------------74.86
------24.00
-0.03
4.00
0.00
109.00
0.00
6.40
29.33
0.00
0.00
0.00
33.00
222.10
0.00
0.00
0.00
0.00
0.00
29.17
0.00
0.00
0.00
96.02
66.79
0.00
------20.36
------92.64
0.00
0.00
------78.75
-------
Page :
1
Date : 1/09/15
Time : 15:12:44
Report :
1 of
Program : YAZAPFR
User id : JSMITH
1
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
December
YTD
2014
14-15
Actuals Actuals
Budget Percent
Budget
Criminal Law
~~~~~~~~~~~~
-------295
--------------Net Operations
1,393
-------21001 Fund Balance
0
-------Total Current Fund Balance
1,393
-------Total Expenses
------56,364
------------26,945
------385,814
------412,759
-------
------143,700
-------------32,411
------326,315
------293,904
-------
------39.22
-------------83.14
------118.23
------140.44
-------
Page :
2
Date : 1/09/15
Time : 15:12:44
Report :
1 of
Program : YAZAPFR
User id : JSMITH
1
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
December
YTD
2014
14-15
Actuals Actuals
Total Criminal Law
==================
31431 Sect Dues
Total Dues Income Net
32001
32191
32293
38499
Registrations
CLE Courses
Sect Differential
Investment Alloc
Other Income
Total Revenues
36998
51101
71001
84001
84002
84006
84009
84010
84051
84052
84054
84101
84201
84202
84204
84205
84301
84302
84422
84501
84701
84998
84999
85055
85058
Credit Card Fees
Employee Travel
Phone/Direct
Postage
Printing
Newsletter
Supplies
Photocopying
Officers Travel Exp
Mtg Travel Exp
CLE Speaker Exp
Committee Exp
Board Or Council Mtg
Annual Mtg
Midyear Mtg
Section Service Prog
Awards
Scholarships
Website
Legis Consultant
Council Of Sections
Operating Reserve
Miscellaneous
PPD Training Program
PPD Endowmnt Contrib
Total Operating Expenses
31433 Section Mgmt Fee
86431 Mtgs Admin
86543 Graphics & Art
Total TFB Support Services
100
-------100
-------0
2,729
675
-1,816
-------1,588
--------------1,688
-------2
0
40
0
4
0
32
0
0
0
0
24
0
0
0
0
0
0
175
0
0
0
0
0
0
-------277
-------18
0
0
-------18
--------
52,151
------52,151
------13,800
21,117
2,175
-5,934
------31,158
------------83,309
------12
-1
40
0
327
0
32
44
0
0
0
99
2,221
0
0
0
0
0
875
0
0
0
4,801
11,355
0
------19,805
------36,559
0
0
------36,559
-------
Budget Percent
Budget
56,375
------56,375
------13,000
24,000
8,125
9,789
------54,914
------------111,289
------50
3,950
1,000
750
300
1,500
500
150
500
500
1,000
300
1,000
10,000
1,000
1,000
1,500
2,500
3,000
10,000
300
9,476
5,000
17,000
25,000
------97,276
------39,463
5,460
1,501
------46,424
-------
92.51
------92.51
------106.15
87.99
26.77
-60.62
------56.74
------------74.86
------24.00
-0.03
4.00
0.00
109.00
0.00
6.40
29.33
0.00
0.00
0.00
33.00
222.10
0.00
0.00
0.00
0.00
0.00
29.17
0.00
0.00
0.00
96.02
66.79
0.00
------20.36
------92.64
0.00
0.00
------78.75
-------
Page :
3
Date : 1/09/15
Time : 15:12:44
Report :
1 of
Program : YAZAPFR
User id : JSMITH
1
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
December
YTD
2014
14-15
Actuals Actuals
Budget Percent
Budget
Total Criminal Law
==================
-------295
--------------Net Operations
1,393
-------21001 Fund Balance
0
-------Total Current Fund Balance
1,393
-------Total Expenses
* * * * * End of listing * * * * *
------56,364
------------26,945
------385,814
------412,759
-------
------143,700
-------------32,411
------326,315
------293,904
-------
------39.22
-------------83.14
------118.23
------140.44
-------
Page :
4
Date : 1/09/15
Time : 15:12:44
EXHIBIT 4
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HB 45
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A bill to be entitled
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An act relating to student loans; creating s. 43.45,
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F.S.; providing definitions; requiring the Justice
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Administrative Commission and the Office of the
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Attorney General to implement a student loan
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assistance program to assist eligible career attorneys
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in the repayment of eligible student loans;
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establishing requirements for the administration of
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the program; requiring the administering body to make
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payments based on the length of employment of the
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eligible career attorney and availability of funds;
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providing for funding; requiring the commission and
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the office to develop procedures to administer the
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program; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1.
Section 43.45, Florida Statutes, is created to
read:
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43.45
Student loan assistance program; administration.—
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(1)
As used in this section, the term:
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(a)
"Administering body" means:
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1.
The Justice Administrative Commission if the eligible
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career attorney is employed as an assistant state attorney or
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assistant public defender.
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2.
The Office of the Attorney General if the eligible
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CODING: Words stricken are deletions; words underlined are additions.
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career attorney is employed as an assistant attorney general or
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assistant statewide prosecutor.
(b)
"Eligible attorney" means an assistant state attorney,
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assistant public defender, assistant attorney general, or
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(c)
"Eligible career attorney" means an eligible attorney
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who has completed at least 3 years, but not more than 12 years,
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of continuous service as an eligible attorney, regardless of
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whether the eligible attorney had a break in employment of less
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than 2 weeks while transferring to another employer of eligible
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attorneys.
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(d)
"Eligible student loan" means a loan that is not in
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default and that was issued pursuant to the Higher Education Act
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of 1965, 20 U.S.C. ss. 1001 et seq., as amended, to an eligible
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career attorney to fund his or her law school education.
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(e)
"Employment anniversary" means the anniversary of the
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date that an eligible career attorney commenced employment as an
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eligible attorney.
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(2)
The administering body shall implement a student loan
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assistance program for eligible career attorneys. The purpose of
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the program is to provide financial assistance to eligible
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career attorneys for the repayment of eligible student loans.
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The student loan assistance program shall be
administered in the following manner:
(a)
Within 30 days after the employment anniversary of an
eligible career attorney, such attorney must submit to his or
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her employer a certification affidavit on a form authorized by
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the administering body which certifies that the eligible career
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attorney was an eligible career attorney with one or more
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eligible student loans as of his or her last employment
57
anniversary. If the employer signs the certification affidavit,
58
the employer shall submit the affidavit to the administering
59
body within 60 days after the eligible career attorney's most
60
recent employment anniversary.
62
63
(b)
Upon receipt of a certification affidavit, the
administering body shall make a maximum payment of:
1.
Three thousand dollars if the eligible career attorney
64
has at least 3 years, but not more than 6 years, of continuous
65
service as an eligible career attorney.
66
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2.
Five thousand dollars if the eligible career attorney
67
has more than 6 years, but not more than 12 years, of continuous
68
69
70
If funds appropriated are insufficient to provide the maximum
71
payment for each eligible career attorney, the administering
72
body shall prorate payments by an equal percentage reduction.
73
74
(c)
A payment under paragraph (b) shall be made by the
administering body:
75
1.
To the lender of the eligible student loan;
76
2.
Between July 1 and July 31 of the next fiscal year
77
following receipt of the certification affidavit by the
78
administering body;
Page 3 of 4
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3.
For the benefit of the eligible career attorney named
in the certification affidavit and for the purpose of satisfying
81
his or her eligible student loan obligation; and
4.
For the eligible student loan that has the highest
83
current interest rate if the eligible career attorney holds more
84
than one eligible student loan.
85
(d)
Payments under paragraph (b) cease upon totaling
86
$44,000 per eligible career attorney or upon full satisfaction
87
of the eligible student loan, whichever occurs first.
88
(4)
The student loan assistance program may be funded
89
annually contingent upon a specific appropriation in the General
90
Appropriations Act for the student loan assistance program.
91
(5)
The Justice Administrative Commission and the Office
92
of the Attorney General shall develop procedures to administer
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this section.
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Section 2.
This act shall take effect July 1, 2015.
Page 4 of 4
hb0045-00
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EXHIBIT 5
Florida Senate - 2015
SB 150
By Senator Ring
29-00048-15
1
2015150__
A bill to be entitled
2
An act relating to student loans; creating s. 43.45,
3
F.S.; providing definitions; requiring the Justice
4
Administrative Commission and the Office of the
5
Attorney General to implement a student loan
6
assistance program to assist a career assistant state
7
attorney, assistant public defender, assistant
8
attorney general, or assistant statewide prosecutor in
9
the repayment of eligible student loans; establishing
10
requirements for the administration of the program;
11
requiring the administering body to make payments
12
based on the length of employment of the eligible
13
career attorney and availability of funds; providing
14
funding; requiring the Justice Administrative
15
Commission and the Office of the Attorney General to
16
develop procedures to administer the program;
17
providing an effective date.
18
19
Be It Enacted by the Legislature of the State of Florida:
20
21
22
Section 1. Section 43.45, Florida Statutes, is created to
read:
23
43.45 Student loan assistance program; administration.—
24
(1) As used in this section, the term:
25
(a) “Administering body” means:
26
1. The Justice Administrative Commission if the eligible
27
career attorney is employed as an assistant state attorney or
28
assistant public defender.
29
2. The Office of the Attorney General if the eligible
Page 1 of 4
SB 150
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career attorney is employed as an assistant attorney general or
31
32
(b) “Eligible attorney” means an assistant state attorney,
33
assistant public defender, assistant attorney general, or
34
35
(c) “Eligible career attorney” means an eligible attorney
36
who has completed at least 3 years, but not more than 12 years,
37
of continuous service as an eligible attorney, regardless of
38
whether the eligible attorney had a break in employment of less
39
than 2 weeks while transferring to another employer of eligible
40
attorneys.
41
(d) “Eligible student loan” means a loan that is not in
42
default and that was issued pursuant to the Higher Education Act
43
of 1965, 20 U.S.C. ss. 1001 et seq., as amended, to an eligible
44
career attorney to fund his or her law school education.
45
(e) “Employment anniversary” means the anniversary of the
46
date that an eligible career attorney commenced employment as an
47
eligible attorney.
48
(2) The administering body shall implement a student loan
49
assistance program for eligible career attorneys. The purpose of
50
the program is to provide financial assistance to eligible
51
career attorneys for the repayment of eligible student loans.
52
53
54
(3) The student loan assistance program is administered in
the following manner:
(a) Within 30 days after the employment anniversary of an
55
eligible career attorney, such attorney must submit to his or
56
her employer a certification affidavit on a form authorized by
57
the administering body, which certifies that the eligible career
58
attorney was an eligible career attorney with one or more
Page 2 of 4
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59
eligible student loans as of his or her last employment
60
anniversary. If the employer signs the certification affidavit,
61
the employer shall submit the affidavit to the administering
62
body within 60 days after the most recent employment anniversary
63
of the eligible career attorney.
64
65
(b) Upon receipt of a certification affidavit, the
administering body shall make a maximum payment of:
66
1. Three thousand dollars if the eligible career attorney
67
has at least 3 years, but not more than 6 years, of continuous
68
69
2. Five thousand dollars if the eligible career attorney
70
has more than 6 years, but not more than 12 years, of continuous
71
72
73
If funds appropriated are insufficient to provide the maximum
74
payment for each eligible career attorney, the administering
75
body shall prorate payments by an equal percentage reduction.
76
77
(c) A payment under paragraph (b) shall be made by the
administering body:
78
1. To the lender of the eligible student loan;
79
2. Between July 1 and July 31 of the next fiscal year
80
following receipt of the certification affidavit by the
81
administering body;
82
3. For the benefit of the eligible career attorney named in
83
the certification affidavit and for the purpose of satisfying
84
his or her eligible student loan obligation; and
85
4. For the eligible student loan that has the highest
86
current interest rate if the eligible career attorney holds more
87
than one eligible student loan.
Page 3 of 4
SB 150
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(d) Payments under paragraph (b) cease upon totaling
89
$44,000 per eligible career attorney or upon full satisfaction
90
of the eligible student loan, whichever occurs first.
91
(4) The student loan assistance program may be funded
92
annually contingent upon a specific appropriation in the General
93
Appropriations Act for the student loan assistance program.
94
(5) The Justice Administrative Commission and the Office of
95
the Attorney General shall develop procedures to administer this
96
section.
97
Section 2. This act shall take effect July 1, 2015.
Page 4 of 4
EXHIBIT 6
ATTACHMENT: Legislative Position Request Form
The only time that a jury verdict is not required to be unanimous in Florida is when
the jury is recommending that a person be sentenced to death. The proposed Bill
would resolve that anomaly.
I.
Overview of the Florida death-penalty scheme.
Under Supreme Court Eighth Amendment jurisprudence, a death sentence is only
lawful if it is reserved for the “worst of the worst” homicide offenders. See, e.g.,
Roper v. Simmons, 543 U.S. 551, 568 (2003). Florida’s death-penalty statute
seeks to satisfy this Eighth Amendment requisite by providing for 16 statutory
aggravating circumstances that serve to narrow the category of homicide offenders
that are eligible for a death sentence. § 921.141(5), Fla. Stat. (2013); see Zant v.
Stephens, 462 U.S. 862, 876-77 (1983). The aggravating circumstances thus
operate as essential elements of a lawful capital sentence. Under Florida’s statute,
once sufficient aggravating circumstances are found to exist, the fact-finder must
weigh those factors against any applicable mitigating factors to determine the
proper sentence. Id. at §§ 921.141(2) & (3).
But jurors are not required to agree -- even by a simple majority -- that any
particular aggravating circumstance has been proven. And the jury’s fact-finding
on the essential aggravating circumstances is never revealed to the trial judge who
is separately required to find and weigh the aggravating and mitigating
circumstances in pronouncing sentence. A jury’s verdict for imposition of the
death sentence only reflects the vote of the jury on that sentence, with only a bare
majority vote required to return a death verdict. See Florida Standard Jury
Instructions in Criminal Cases 7.11 & 7.12.
Florida precedent recognizes the significance of the capital jury’s sentencing
recommendation. Indeed, a trial judge is required to give that recommendation
“great weight” in determining whether to impose a life-without-parole sentence or
a death sentence. Tedder v. State, 322 So. 2d 908, 910 (Fla. 1975). Yet the judge
knows very little from the actual verdict. If it is for death, he or she knows only
that 7 or more jurors found that to be the proper recommendation to the court.
1
II.
Florida is the outlier state in its rejection of any unanimity requirement.
Florida’s death-penalty system is a true outlier when it comes to the penalty-phase
vote of the jury. First, in every court of law in Florida, for every type of case –
civil or criminal – a unanimous jury vote is required in rendering a verdict, except
for the sentencing verdict in the death-penalty case. Second, Florida is the only
state in the country that does not require a unanimous jury determination that an
aggravating circumstance applies, and Florida is one of only three states that does
not require that the ultimate jury vote on life or death be unanimous. The other
two are Alabama and Delaware.
In Alabama, the jury must vote at least 10-2 in favor of death, but is permitted to
do so only after a unanimous jury has found beyond a reasonable doubt that a
statutory aggravating factor has been proven. Ala. Code §13A-5-46-47 (2012).
Delaware, a state that rarely imposes a death sentence, is the only state besides
Florida that permits a jury to recommend a death sentence on a bare majority vote.
Del. Code Ann. Tit. 11, §4209 (c)(3)(A) (West 2013). But Delaware, unlike
Florida, also demands that a jury first unanimously agree that a statutory
aggravating circumstance has been proven beyond a reasonable doubt. Id. So
Florida stands alone in its refusal to require any unanimity from its capital juries.
III. The Supreme Court of Florida has recognized that Florida is an outlier
and called upon the Legislature to change the death-penalty statute to require
unanimity.
In 2005, the Florida Supreme Court issued its decision in State v. Steele, 921 So.
2d 538 (Fla. 2005), acknowledging that “Florida is now the only state in the
country that allows a jury to decide that aggravators exist and to recommend a
sentence of death by a mere majority vote.” Id. at 548 (original emphasis). Writing
for the Court, in a section titled “The Need for Legislative Action”, Justice Cantero
“express[ed] our considered view, as the court of last resort charged with
implementing Florida’s capital sentencing scheme, that in light of developments in
other states and at the federal level, the Legislature should revisit the statute to
require some unanimity in the jury’s recommendation.” Id.
2
IV. The American Bar Association’s Death Penalty Due Process Review
Project has recommended that Florida require unanimity in the capital jury’s
death recommendation.
The American Bar Association’s Death Penalty Due Process Review project, in
conjunction with independent state-based experts, coordinated comprehensive
studies and analyses of the administration of capital punishment in 12 states.
http://www.americanbar.org/groups/individual_rights/projects/death_penalty_due_
process_review_project.html (Last visited January 6, 2015). A team of experts
comprised of judges, prosecutors, defense attorneys, psychology professors, and
criminal-justice scholars came together to study and assess the fairness of Florida’s
death-penalty scheme. In 2006, the Project completed its assessment and issued
this recommendation: “The State of Florida should require that the jury’s
sentencing verdict in capital cases be unanimous and, when the sentencing verdict
is a death sentence, that the jury reach unanimous agreement on at least one
aggravating circumstance.” American Bar Association, Evaluating Fairness and
Accuracy in State Death Penalty Systems: The Florida Death Penalty Assessment
Report, pg. x, September 2006.
V.
Requiring jurors to reach a unanimous decision promotes fairness and
reliability in Florida’s capital justice.
The principle that juries should be unanimous is steeped in the common law dating
back to the 14th Century and in American jurisprudence as early as the 19th
Century. See Stephan Landsman, The Civil Jury in America: Scenes from an
Unappreciated History, 44 HASTINGS L.J. 579, 586 (1993); American Publishing
Co. v. Fisher, 166 U.S. 464 (1897). And for good reason. Jury research now
establishes that eliminating unanimity “can result in truncating or even eliminating
jury deliberations.” Kim Taylor-Thompson, Empty Votes in Jury Deliberations,
113 HARV. L. REV. 1261, 1263 (2000). In fact, empirical studies in the deathpenalty context reveal that, absent a unanimity requirement for a death
recommendation, juries do not devote the same time, energy, or emotional
commitment to the discussion among jurors on the sentencing decision, and prodeath jurors are able to overpower and ultimately silence undecided or minority
viewpoint jurors. See, e.g., William J. Bowers et al., The Decision Makers: An
3
Empirical Examination of the Way the Role of the Judges and Jury Influence Death
Penalty Decision-Making, 63 WASH. & LEE L. REV. 931, 974-80 (2006).
Justice Cantero and Robert Kline, in a joint law review article, aptly explain:
[C]ourts that allow a non-unanimous jury to render a verdict invariably
empower superficial, narrow, and prejudiced arguments that appeal only to
certain groups. Unanimous verdicts ensure that defendants are convicted on
the merits and not merely on the whims of the majority.
Raoul G. Cantero & Robert M. Kline, Death is Different: The Need for Jury
Unanimity in Death Penalty Cases, 22 ST. THOMAS L. REV. 4, 31-32 (2009)
(Footnotes omitted). As the Supreme Court of Florida noted, in quoting from a
decision of the Connecticut Supreme Court underscoring the particular need for
unanimous jury verdicts in capital cases: “The heightened reliability demanded by
the Eighth Amendment in the determination whether the death penalty is
appropriate convinces us that jury unanimity is an especially important safeguard
at a capital sentencing hearing.” State v. Steele, 921 So. 2d at 549 (citations and
internal quotation marks omitted).
To the extent that lack of unanimity reflects jurors’ lack of confidence in the
evidence presented to them, it bears mention that 25 men have now been
exonerated after being sent to Florida’s death row, more individuals than in any
other state in the country. It is time that Florida gets in step with the rest of the
death-penalty jurisdictions by changing its capital regime to require jury
unanimity. The result will not be that individuals are not sentenced to death; it will
be that Floridians, including the families of victims, have a capital system better
designed to promote reliability and fairness in the process of achieving justice.
VI. Revising the death-penalty statute to require that jurors unanimously
find the aggravating circumstances is necessary to preserve Florida’s capital
statute.
In Ring v. Arizona, 536 U.S. 584 (2002), the Supreme Court held that the Sixth
Amendment requires that juries – not judges – must make the factual findings that
an aggravating circumstance has been proven. In 2011, Judge Jose Martinez
concluded that Florida’s death-penalty scheme violates this holding and is
4
unconstitutional. Evans v. McNeil, 2011 WL 9717450 (S.D. Fla. June 20, 2011).
While the Eleventh Circuit subsequently ruled that only the Supreme Court can
make that determination, Evans v. Secretary, Fla. Dept. of Corrections, 699 F.3d
1249 (11th Cir. 2012), the Florida statute is in serious jeopardy of the high Court
one day taking a Florida capital case and indeed so holding.
VII. The bill will not undo any death sentence that has been previously
imposed.
The new statute, if the bill is adopted and becomes Florida Law, will not be
retroactive. A law is presumed to apply prospectively only, unless the contrary is
expressly indicated. Bates v. State, 750 So. 2d, 6, 10 (Fla. 1999). The Florida
Supreme Court has explained that any basis for retroactive application must be
unequivocal and leave no doubt that that is what the Legislature intended. Id. This
Bill expressly provides that it is to apply solely to offenses committed on or after
its effective date. Thus, just as the similar legislative change to the capital statute
that substituted life-without-parole for a life with a minimum-mandatory 25 year
term, was not retroactive, the unanimity requirement will not so operate. See
Bates, 750 So. 2d at 10 (“We find no unequivocal language that the legislature
intended this amendment to apply retroactively.”)
Moreover, it is incorrect to suggest that past juries that split on their sentencing
votes would not have reached unanimity if such was required. Empirical studies
suggest that instead, the difference would have been that the juries deliberated
longer, had more discussion, and ultimately were more satisfied with their deathpenalty recommendations. See, e.g., Dennis J. Devine et al., Jury Decision
Making: 45 Years of Empirical Research on Deliberating Groups, 7 PSYCHOL.
PUB. POL’Y & L. 622, 669 (2001).
VIII. What the proposed bill would do.
The bill that will be introduced in Florida’s 2015 legislature would rectify
Florida’s standing as an outlier and require jury unanimity in the death-sentencing
process. Specifically, the bill would 1) require that the jury unanimously find any
aggravating circumstances that it uses in reaching its death recommendation, and
so advise the trial court, and 2) require that a death verdict be unanimous.
5
STATE OF FLORIDA
®ffice of tbe ~ollernor
THE CAPITOL TALLAHASSEE, FLORIDA 32399-0001 RICK SCOTT
GOVERNOR
www.tlgov.com
850-488-7146
850-487-0801 fax
December 9, 2013
Honorable Greg Evers
Chair, Criminal Justice Committee
308 Senate Office Building
404 South Monroe Street
Tallahassee, Florida 32399-1100
Honorable Matt Gaetz
Chair, Criminal Justice Subcommittee
417 House Office Building
402 South Monroe Street
Tallahassee, Florida 32399-1300
Dear Senator Evers and Representative Gaetz:
During the last few sessions, bills have been offered to prohibit juries in capital
cases from recommending a death sentence with less than a unanimous vote. Others
required at least 10 jurors to vote for a death sentence. However, a requirement of
supermajority or unanimous vote does nothing to improve the administration of justice
and will needlessly threaten reversal of at least 166 capital sentences where there was
not a supermajority recommendation.
Florida allows capital juries to recommend death sentences by majority vote
during the penalty phase of a first degree murder trial. This system has been declared
constitutional by state and federal courts, in part because the jury's penalty decision is a
recommendation to be considered by the sentencing court. But, the judge retains
sentencing authority in such cases. Thus, the ultimate decision in sentencing a
defendant to death is the judge's alone.
Opponents of Florida's system assert that a supermajority recommendation
means that only the "worst of the worst" offenders receive a capital sentence. But, that
argument relies upon unsupported speculation as to the meaning of supermajority in
the penalty phase. There are many examples of horrible murders that evince the depths
of depravity, yet received 7-5, 8-4, or 9-3 jury votes recommending the death penalty.
The jury in the Ted Bundy trial for the brutal murder of two college students and the
attempted murder of three more, for instance, recommended a death sentence by a vote
of 7-5. Further examples may be found in the attached list of cases showing all current
capital inmates who received a jury recommendation of less than 10 votes.
Florida's system provides a more effective method to ensure the death penalty is
appropriately imposed. When a death sentence is rendered, the Florida Supreme Court
undertakes an automatic "proportionality review" to compare the facts of the case,
including the aggravating and mitigating circumstances, with all other death-penalty
cases. Based upon that review, the Court decides whether the death sentence is truly
"proportionate" to the murder. See Evans Z'. SecrelanJ, Florida Dept. ofCorrections, 699
F.3d 1249, 1257 (11th Cir. 2012). Our Court has not hesitated to reverse death sentences
when it determines that capital punishment is disproportionate to the facts. The Court
has found a death sentence disproportionate at least 60 times, ordering the sentence
reduced to life imprisonment. See, e.g. Davis Z'. State, 121 So.3d 462 (Fla. 2013) (finding a
death sentence disproportionate when imposed for an execution-style murder, followed
by a random shooting of two more victims). The interests of justice are far better served
by relying upon the objectivity of the State's highest court to review the trial judge's
sentencing decision to render predictable and consistent outcomes when imposing the
death penalty, rather than assigning false significance to supermajority sentencing
proposals.
For decades, this basic structure has ensured that Florida meets constitutional
standards. Every capital sentence has received the requisite proportionality review as a
means of assuring consistent application of capital punislunent. However, an
amendment to Florida's capital sentencing statute to require some supermajority jury
recommendation endangers all 166 death sentences with a lesser recommendation.
While the supermajority recommendation bills of previous sessions purported to apply
to crimes committed after the effective date, it is a near certainty that the murderers
identified on the attached list will re-challenge their death sentences, claiming that the
sentences are disproportionate to death sentences imposed after the effective date of a
supermajority amendment. Such an amendment jeopardizes the finality of these
sentences; will clog the courts with more and needless capital litigation; cause terrible
anguish to the families of murder victims; and yiel oreal orresponding legal benefit.
will reject this perilous
Hopefully the House of Representativ s and Sen
invitation to tamper with settled law in fav r of the I
pr dictability of our well'
tested capital sentencing requirements.
\
Peter An onacci
General unsel
Capital Convictions (1-97·6 to Present) !IAlachua
8-4
Booker
hen
e
Lorine Demoss Harmon
Janet Renee White
e
8-4
r, Matthew
Melinda Hinson
Foster
SIBroward
61Broward
71Broward
8-4
9-3
8-4
Lani er
Anderson, Charles
Kei
Armstrone:. lancelot
Deputy Sheriff Robert
llustio
Sheriff John Green
Daniel
Smith
room.
Foster and two accomplices took the victrm te a desert eo area,
llJUhAm they pi anne~ for the victim to have se~ wfth one Q'f t he
acco01plltes in exchange for money. Foster hiMhe victi.~ ; slit his
throat With a ~nife, and dragged !:tim into the. bushes. When he
saw t he victim was stlll breathing, Foster cutthe victim's spine at
e base of the neck to kill him.
While on probation for 11 counts of Attempted Capital Sexual
Battery against the victim, Anderson continued to have contact
with the victim in violation of his sentence. Believing the victim
had told a coworker that he was violating his probation,
Anderson hit and ran over the victim with his car and disposed of
her bodv in the Evere:lades.
Armstrong and an accomplice robbed a restaurant and
threatened to kill the assistant manager if she didn't cooperate,
but police arrived after the employee pulled the silent alarm.
Armstrong and his accomplice opened fire on the two responding
police officers; Armstrong shot and killed one of the officers at
ose-rane:e. and the other officer was shot three times.
Doyle raped the victim, who was his neighbor and third cousin,
before strane:line: her to death and dumoine: her
Pamela
Page 1 of24
8 Broward
8-4 (1988)
9-3 (1988)
Henry, Robert
Phyllis Harris
Janet Thermidor
9 Broward 9-3 (2003)
Hojan, Gerhard
Christine De La Rosa
Willy Absolu
10 Broward
8-4 (1996)
Holland, Albert
11 Broward
9-3 (2000)
lbar, Pablo
Officer Scott Winters
Casmlr Sucharski
Sharon Anderson
Marie Rogers
12 Broward
7-5 (1997)
Pagan, Alex
Michael Lynn
Freddy Jones
13 Broward
7-5 (2009)
Patrick, Eric
Steven Schumacher
Pope, Thoma_s~-
AI Ooranz
Caesar Di Russo
Kristine Walters
14 Broward
9-3 (1982)
-
-
Page 2 of 24
Henry, employed as a maintenance man, robbed the store where
he worked and killed two employees. Henry tied up one woman,
dragged her into the restroom, and killed her by hitting her in the
head with a hammer. Henry struck the other woman in the head
with a hammer as well, then poured gasoline on her and set her
on fire alive.
Hojan and an accomplice robbed a restaurant and forced the
three employees into the freezer, where Hojan shot all three execution-style, killing two.
IHolland severely beat a woman while attemptmg to torce her to
perform oral sex on him, severing her ear and fracturing her skull,
leaving her unconscious. Responding to the attack, an officer
ordered Holland to approach his patrol car, at which time Holland
attacked him, took his gun, and shot him twice.
Ibar and an accomplice broke into the home of one of the
victims, attacked him and then shot all three victims in the head
execution-style.
After previously burglarizing the victim's home, Pagan and his
accomplice returned to burglarize it a second time, breaking the
sliding glass door of the bedroom where the victims and their
infant child slept. Pagan tied up the husband, wife, and their sixyear-old son, then shot each one execution-style, killing the
father and son.
Patrick, a 10-time convicted felon, beat, hog-tied, strangled, and
robbed the 72-year-old victim in the victim' s home. Patrick left to
get crack cocaine and returned to the scene to smoke it, while
the victim lay dying in his own bathtub.
Pope killed two of the victims, shooting one man five times and
the other three times. Several days later, Pope took the third
victim {the girlfriend of one of the other victims) to a canal,
where he shot her point-blank six times with exploding
ammunition, hit her in the head with his rifle so hard that the
barrel broke, and then threw her into the canal while she was still
alive, where she drowned.
-
-
~
~-
Rimmer, an 8-time convicted felon, and an accomplice robbed an
electronics store, during which they ordered two employees and
two customers to lay face-down on the ground and bound t heir
hands with tape, and also held a third customer and her two-year
old daughter at gunpoint. Rimmer and his accomplice loaded
stereo equipment into a waiting vehicle, then Rimmer returned
to the bound men on the floor and shot the two victims in the
15 Broward
9-3 {1999)
Rimmer, Robert
Bradley Krause
back of the head. Rimmer then thanked the others for their
Aaron Knight
cooperation and told them to "have a nice day...
Wilcox entered the victim's apartment with a gun shortly after
the victim threatened Wilcox's cousins. While there, three
women showed up; Wilcox had the victim tie up the three
16 Broward
7-5 (2011)
Wilcox, Darious
Nimoy Johnson
womP.n before he killed her.
While serving a life sentence tor first-degree murder. Eaglin and
his accompliees conspired to
escape from prison white working
on renovations of one ofthe prtson dormitories. During "the
work. Eaglin k~Hed one of the accompliGes wit~, a sledgehammer
when he decided not to go through with the escape and attacked
another inmate with a hammer, lockJng him in a cell. Eaglln and
the remaining accomplice then lured the supervising correctional
officer to a mop closet, wher:e Eaglin hit her in the head two
17 Charlotte
8-4 {2006)
Eaglin, Dwigtlt
Darla La~~ rem
Charles FUSt(m
times with t he•sledgeharnmer an:d
hid ner bof;ty fn the closet. The
inmate's were caught at the prison fenc_es atte.mpting.l o·escape.
While !'obbi ng·a "pawn shop, Sliney hit the victim In th'e head .wfth :
a camera 1 stabbed him three t imes in the neck with sdssors, and
18 Charlotte
7-5 {1993}
Sliney, lad<
George Blumberg
hit him in the head with a hammer.
WhiJe serving seven life sentences for first-degree murder~
~ldnapping, rape, robb~ry a_f1d armed burglary, Smjt~
aod his
accomplices con~pired to e:scape\from prison whil~ workl ng o.n
renovations of one oHhe prison dormitories. 'Du;ing the work,
s with a
Smith's accomplice killed one of the other accor:nplice_
sledgehammer when he decided not to go through with t he
escape and att acked another inmate witb a hammer, locking hi m
in a ceiL Smith and
Da rla J;;~.thr·em
19 Charlotte
9-3 (2006)
Smith, Stephen
Charles Fuston
Page 3 of24
his accomplice then lured 't h.e supervising
com~ctional ~ffk_er to a mop. clo:~ et, where
the accomplice hit. her
in t he head two times with the sledgehammer and tlid her body.
20 Citrus
8-4 (2013)
Campbell, John
John Henry Campbell
21 Clay
9-3 (2009)
Martin, David
Jacey Me:W llia~,s
22 Columbia
9-3 (2013)
Franklin, Richard
Ruben Thomas
Adolphus Melvin
Gary St. Charles
Trenton Thomas
Frederick McGuire
Derwin Bernard Copeland
23 Dade
7-5 (2010}
Calloway, Tavares
24 Dade
7'"5 (2010)
Cardona, An"a
25 Dade_
9·3 (1999)
Cori,d_e_,_ Rory
Lazaro Figt.Jero
~honda Dunn
Lazaro Comesana
Elisa Martinez
Charity Nava
Wanda Crawford
Necole Schneider
Connor, 5ebur:t
law.renGe G:ood!ne
Jessica Goodine.
26 Dade
ft-4 (1998)
Page 4 of24
!Campbell, a seven-t1me convicted felon, snucK up behind his
father sitting in a chair and hacked him to death using a hatchet,
then burglarized his home to get money for crack cocaine.
Mart'n, an a"qaaimn.ce of the vi ctim; lured her out to a [emot e
area, fatally beB'ther·Wlth a hamme~,,. and stole her~ar so 'he
could viSit h ts-girlfnend.
While serving two life sentences for the murder of a 25-year-old
student and the robbery and shooting of an elderly man, Franklin
attacked the victim (a correctional officer), stabbing him in the
neck with a handmade shank.
1
Calloway walked Into a Uberty Oty apartment, t ied up five men,
taped thelr mouths shut, took off their pants, debated which to
leave alive, and finally methodltally shoreach of them in the
head.
Cardona tortured her three~year~ofd son over several months,
lea;.Jing his bodY, covered In br.ui:ses and bed sores; and causing
hlrn to sutter rrom brail1 ·damage due to untreated meningJtisl
anemia, malnutrition, and spinal c;,o rd damage. Cardona split th.e
victim's head open with a baseball bat, then beat him to death
when he would not stop screamfng. Cardona and an accomplice
then dumped the child's body in :a Miam,i Beac.n neighborhood.
Over ~he · c-~·u rslfof four mo.ntfls,,c._o nde att~cked ;tOo killed si>i
wom.e.n. Conde had sex with each of the women, then stra11gled
them to de_ath, had se)( again with the dead bodies, and disposed
of the bodie:S. Conde was appre.nended wh.en a,.s,eventh woman
was found alive, naked and bound with duct tape in an
apartme_nt rent:ed· by Conde,
Connor stalked and repeatedly harassed his ex-girlfriend, who
had subsequ,i jt'ltly,married a,nd had children with andther man.
Connor att-ac-ked the husband in their hom·e, btu'dg~oning him to
death by five severe blows to the head with the leg·of a chair,
then oisposed of his b.o dy in a woo.ded area. Connor then
abducted ~he ex-~irlfriend•s· daug~ter, strangled hertp death, and
hid her body wrapped in a comforter in the cottag.e behind h.ls
home.
Frederl~k
27 Dade
8-4 (1993)
Cumming-el,
28 Da;d e
8-4 (2008)
Delhall.• Wadada
Kathy Goocj
Hubert McCrae
CumrninB·el, a convicted felon, continually harassed and
threatened to kiH1he victim ·afte_r their romantic relationship
·ended. Cummlng-el broke into the vlctim's home one night and
repeatedly stabbed her whil-e she slept In the bed next to her 8
year-old son, causing her lungs to fill with fluid and drowning her
Tn her own blood.
Believing his brother was facing the death penalty1 Delhall shot
the eyewitness ln the othe_r murder, approximately 11 times.
Defhall shotth'e vlttfm to prevent"hrm from testifying in the
murder case- pending against D.elhall.is brother.
Door:I.ial and his accomplices conspired to kidnap and e·~ttor.t a
wealthy"'businessman ·and his ~irlfriend1 and lured the couple to
his.a partment. Poo~bql kfUe~ the man during a· flght~ and an
accomplice inJected th_e girlfri.~d with a hor$e tranqumzer when
she started screaming. Wt'!lle attempting to force her to disclose
the code to enter the victim's ho.me, Ooorbal and his accomplices
injected the woman twice mpr.e with the ,t ranquilizer, killing her.
Doorbal and his acc;ompliees.transported the bodies to a
warehouse, where they dismembered them and attempted to
bur11 th~k heads, hands and f-e~t. disposing of the body p~rt.s in
souther~ Da'de' Cou11ty and the Everglad(!'s. Doorbal and his
I
I
accoropUces had earlier kidnapped another wealthy businessman, I
29 Dade
8-4 (1998)
Doorbal, Noel
30 Dade
8-4 (1998)
Gonzalez. Ricard_o
31 Dade
7-5 (2013)
Guzman, Victor
32 Dade
9o.3 (1991)
Johnson, Ronnie
Frank Griga·
Krisztina Furton
whom t hey ~a~ irnprl soned foJfp~r week$, tortu red and fo,rced
to sign over his ass_ej:s t~.>tl;t_e men, !Jefore attempting to kHl him. .
Rkardo Gonzalez, along with four accomplices, robbed a bank.
Duri ng the robbery~ a C~$h .bo)( wa~ tak~n from ~ne of the drive- I
Officer Steven Sauer
thru tellers and a secur1ty guard wa·s shot and killed.
Guzman forced his way Int-o the 80-year-old victim's home,
st'ripped her naked and stabbed ner·ss times. While at-large for
this murder, Guzman raped a 12-year-old girl, which supplied
Severina Dolores Pernandez.- D.NA evidence linking him to the stabbing.
Sh'oytly after·the victi m·closed and locked·the laundromat fac;ilitY
she owned, Johnson knocked on the door and asked for change.
When the victim opened the ,d,oor; Johnson forced hi-s way i n,
~ligued with the vi6tim,,and then at~acked. h~r:, punch,ing her in
Tequila Larking
the face several times b~fote shooting her- ,at close~range.
Page 5 of24
Knight abducted his former employer and the man 's wife at
gunpoint, an-d demanded he withdraw $50,000 from hls bank.
After withdrawing the money, Knight forced the vfctims to drl ve
to a remote a~<ea, where he shot: both in the back ofthe heat;t at I
dose !lange. While in custody awaitin.g trial,.Knight esc~ped from
prison and1 t _
o gether with an accomplice, killed a li_q_uor·store
clerk.. during an armed robbery ln Georgia. Georgia authorities
did not-pros&ute Knight for his role in that murder due to his
Florida death sentence. While on deatt'l row, Knight stabbed a
prison suard·'tO deattl.
tebron and·four ·accomplio.es .kid Rapped -and robbed the ·.~ictim
I
I
33 Dade
34 Dade
35 Dade
36 Oade
37 Dade
38 Dade
9~3
(:1996)
9-3 (2013)
7-5 (199.4)
7-5 (19.94)
7-5 (.1.985)
9-3 (1993)
Knight, Thomas {ak.a
Askari Muhammad)
Lebron, Joel
Mendoza, Marbel
Phillips, Harry
Roberts, Rickey
San
Martm~ Pablo
SyJ:tney Gans
LiiUan Gans
Ana Maria 4ngel
Conrad Calderon
Bjorn .Svenson
George Napoles
and her boyfrt~.d. Lebron and hfs accomplices then gang-raped
the victim ln-·thelr truck and rep_eatedly slashed the~~pyfriend ' s
throat leavin'- him for dead. Lebron and his accomplices then
shot the vTctim i-n-the head, point-blank, execution style.
Mendoza and. ~n accomplice con$~ired tp rob the vi~lrn, and lald
in walt for.the vidim .t o leave his house in,:t he pre-dawn hours.
When Mend.o~ and his·accompli.c.e COI')fronted the victim, a
struggle ens~ed, during wt'lich Me.r,tdoza shot th-e. Vic.tEm point·
blank three times and a fourth time from close range.
Phillips confronted the supervisor of his parole officer, who
previously had Phillips' parole revoked for repeated una.utho~ized
contact Witt) parole-offil;er.$ after several W3r'n'i ng.s, cm.Jr'lng the
confrontation, Phillips shot-the victim twice in the chest and
several more times in the batk and head as the victim attempted
to run away.
Roberts approached the victim and his female friend on the
beach and pretended to be an underc;ov~r pollc.e officer. When
asked for ldentificatfon by ~he yjaim.,:Rober,ts beat t~e man to
death by.repeatedly hitting him In the head and. back with a
baseball bat; Roberts t hen abducted the female friend and raped
her twice.
San Martin and two accomplices conspired to rob the owners of a
check-cashing business as they·transported money from the bank
to the busin·ess.•. Sao Mar.tln. anc:ftne·accompfices- bol!(ed ln the
br'get vehlole,at a.stop light, demanded the money; and shot the
vktim in the chest during an exchange of gunfire.
Raul lopez
Page 6 of24
I
39
Dade
9·3 (2003)
Seibert. Michael
Karolay Adrianza
40
Dade
7-5 (1989)
Thompson, WIH!am
Sally htest~r
41 Duval
9·3 (1995)
Alston, Pressley
James Lee Coon
42 Duval
9-3 (1988)
Asay, Mark
Robert lee Booker
Robert "Renee" McDowell
43 Duval
9-3 (2001)
Belcher, James
Jennifer Embry
Bright, Raymond
Randall Brown
Derrick King, Ill
44 Duval
8-4 (2009}
Page 7 of24
Seibert ~who had previ_ously been ~onvicted of first.:.r legree
I
murder, kidnapping, grand theft, and burglary- raped the victim
and strangled htkto death. SeJbert then cut off her left hand and
l-e ft foot above the ankle1 and cut a..yay most o,f the·soft tissue
below her waist (appr.ox.AO·SO lbs offlesh), H,.cluding part of her
abdominal Wall and her intestines, which he flushed down the
toilet.
1nompson and an accomplice demanded that the two women
they wer-e living With obtain mon.ey from their famfties~ and
attacked the vfctim wtlen shewas not able to ~et more than $25.
Thompson «!!na li.is accomp.J.jce. r·epe·~tedly ·beat her in the face
and body With a ~haln ·llnl< belt, strrpped her nake.d and anally
raped her with a chair leg and nightstick, then repeatedly burned
her witn cigarettes and lighters; The men then for:ced the victim
to call her mother to ask for more.. money, and a·fterward
continued to brutally beat her, k'illfng-her•from the injur-ies
sustained in the attacks~
Alston and an accomplice abducted the victim as he left the
hospital, stealing his car and then robbing him before shooting
him to death.
While on parole for burglary, Asay and two accomplices went
looking for prostitutes after a night of drinking. Asay, who has
numerous white supremacist tattoos, confronted a black man
who was talking to one of the accomplices, shouted racial slurs at
the man, and then shot him in the stomach, severing an artery
and killing him. Asay and his accomplices then continued looking
for prostitutes, and negotiated with an acquaintence for oral sex.
When the acquaintence refused to get in their truck, Asay
grabbed the victim by the arm and shot the victim six times in the
chest.
Belcher, a five-time convicted felon, raped the victim in her home
and strangled her to death while holding her head under water in
the bathtub.
Bright savagely bludgeoned a 16-year old boy and a 20-year-old
to death with a hammer while they slept, causing 58 injuries to
oneand14totheothe~
45 Duval
46 Duval
7-5 (2011)
9-3 (2005)
8-4 (2005)
Brown, Thomas
Juanese Miller
Carter, Pinkney
Glenn Pafford
Elizabeth Reed
47 Duval
9-3 (2008)
Cole, Tiffany
James Sumner
Carol Sumner
48 Duval
9-3 (1987)
Dougan, Jacob
Stephen Orlando
49 Duval
8-4 (2010)
Dubose, Rasheem
DreShawna Davis
50 Duval
9-3 (1988}
Freemcm, John
leonard Collier
-
Page 8 of24
Brown had been sent home from work after he got into a fight
with a co-worker. When he returned to work he shot his co
worker, a 22-year-old female, several times in the back of the
head.
After learning his ex-fiance was seeing another man, Carter
confronted the two victims with a rifle in their home. Carter killed
the two victims and the 16-year-old daughter of one victim.
Cole orchestrated the robbery, kidnapping and murder of the
two victims. Cole and her accomplices abducted the victims in
their home, bound them with duct tape, forced them into the
trunk of their car and drove them to a remote area across the
Georgia border where they had previously dug a hole to bury the
victims. After obtaining the victims' bank account information
and PIN numbers, Cole and her accomplices buried the victims
alive in the hole, where they asphyxiated from dirt covering their
airways.
Dougan and four accomplices conspired to kill a white person,
who the group called "devils," and picked up the victim as he was
hitchhiking. The men drove the victim to an isolated trash dump,
I
where one of the accomplices repeatedly stabbed him with a
knife. While the victim was on the ground, Dougan stepped on
his head and shot him twice in the head. The group left a note
attached to the body stating that the killing was a "warning to the
oppressive state." The group also made several audio recordings
about the murder and sent them to the victim's mother and local
media outlets.
Dubose fired 20 shots into a house in retaliation for being robbed
at gunpoint and forced to drop his pants In public an hour earlier
by the victim's uncle. A bullet pierced the heart of an 8-year-old
victim in the house as she watched a Dr. Seuss video.
Three weeks after burglarizing a different home and stabbing the
owner to death, Freeman burglarized the victim's home. When
the victim caught him in his home, Freeman hit the victim 10-12
times in the head with a gun as the victim attempted to crawl
away, killing him as a result of blunt force trauma.
L____~- -
-
52 Duval
9-3 (1993)
Hartley, Kenneth
Gino Mayhew
53 Duval
7-5 (1986)
Jackson, Etheria
Linton Moody
54 Duval
8-4 (2013}
Jackson, Kim
Debra Pearce
55 Duval
9-3 (1997}
Jones, David
Lori McRae
56 Duval
9-3 (1994)
Jones, Marvin
Monique Stow
57 Duval
9-3 (1997)
Lukehart, Andrew
Gabrielle Hanshaw
58 Duval
9-3 (2012)
Martin, Arthur
Javon Abdullah Daniels
59 Duval
7-5 (2001)
McCoy, Richard
Sherviee Ann Elliot
Believing the victim had stolen drugs from him, Hardwick stabbed I
the victim three times in the upper torso and shot him in the
back. After the victim was dead, Hardwick continued to beat the .
victim in the head, before dumping the body in river.
Four years atter bemg convictea ot manslaugnter, Hartley ana
two accomplices abducted the victim at gunpoint and forced him
to drive his car to another location, where Hartley shot the victim
three times in the back of the head, once in the forehead, and
once in the shoulder.
Jackson, a three-time convicted felon, attacked the victim with a
knife at Jackson's home. Jackson bound and gagged the victim
and then choked him with a belt until he was unconscious. When
the victim gained consciousness, Jackson struck him in the face
with the cast on his forearm and then stabbed him 7 times in the
chest. The victim died of internal bleeding from the stab wounds.
Jackson slashed the victim's throat and stabbed her in the chest
with an 8-inch blade.
Jones, who had previously been convicted of second-degree
murder and burglary, kidnapped the victim, bound her legs and
strangled her to death with a cord.
.
Jones attempted to use a bad check to pay for auto repairs.
When the dealership called him for payment, Jones returned to
the business, shot the owner's daughter twice in the head, killing
her, and shot the owner in the arm and face.
Lukehart killed the five-month-old victim by dropping her, and
then dumped her body in a pond.
Five months after his release from prison for a second-degree
murder conviction, Martin approached the victim's vehicle and
repeatedly fired into the driver's side window, shooting the
victim at least six times from close range.
McCoy, a three-time convicted felon, robbed the liquor store
where the victim worked, and shot her three times in the
abdomen, neck and face.
Albert Floyd
While attempting to rob the sleeping homeless victim behind a
building, Miller killed the man by repeatedly hitting him in the
head with a large metal pipe. Miller also attacked the victim's
~male companion when she screamed for help.
51 Duval
7-5 {1986)
Hardwick, John
Keith Pullam
1
60 Duval
7-5 (1998}
Miller, David
-
Page 9 of24
62 Duval
7-5 {1993)
Mungin, Anthony
Betty Jean Woods
63 Duval
7-5 (2009)
Peterson, Robert
Roy Bryan Andrews
64 Duval
7-5 (2008)
Phillips, Galante
Christopher Alilgada
65 Duval
8-4 (2012)
Phillips, Terrance
Reynaldo Antunes-Padilla
Mateo Perez
66 Duval
8-4 (1993)
Reese, John
Sharlene Austin
67 Duval
8-4 (2012}
Sheppard, Billy
Monquell Wimberly
Mosley tricked the mother of his infant son to come with him to
buy baby clothes. Miller drove to a remote area where he
strangled the mother to death and put a bag over her head.
Miller then put the infant victim in a garbage bag, suffocating
him, and put the bodies in the trunk of his car while he went to
work. After work, Mosley dumped the infant's body in a
dumpster and attempted to dispose of the other body by burning
it with lighter fluid.
Two days after committing two other robberies, Mungin -a threetime convicted felon- robbed the convenience store where the
victim worked and shot her in the head.
[Peterson, who was 41 at the t1me ot the cnme, had been llv1ng at
home with his mother and his stepfather, a retired police officer.
Peterson's mother told him that he had to move out and stopped
giving him money, at the insistence of his stepfather. Peterson
beat his stepfather and shot him twice, killing him.
t'nuups, a two-time conv1ctea re1on, roooea a 1umoer yara
employee in the parking lot of the business, and shot the victim
two times when he attempted to intervene to stop the robbery.
On Christmas Eve, Phillips and three accomplices forced their way
into an apartment to commit a robbery. Phillips shot the
apartment's two occupants, killing them both.
Reese broke into the victim's home and waited four hours for her
to return, hiding in her closet. When the victim fell asleep on the
couch, Reese dragged her into the bedroom, raped her, and
strangled her with electrical cord.
[!>heppara stole a car ana snot two people In a rour-hour cnme
spree. Sheppard shot the first victim to death in an attempted
armed robbery. The second victim was 16 yearsold. Shppard
received a life sentence for the 16-year-old.
Kimberli Kimbler
Archie Crook, Sr.
Simpson entered the victims' home and attacked them with an
axe while they were sleeping. The victims died from axe wounds
to the head and neck.
61 Duval
68 Duval
8-4 (2005)
9-3 (2007)
8-4 (2007)
Mosley, John
Simpson, Jason
Lynda Wilkes
Jay-Quan Mosley
Page 10 of24
I
69 Duval
9-3 (1998)
Stephens, Jason
Robert Sparrow, Ill
70 Duval
7-5 (1985)
Turner, William
Shirley Turner
Joyce Brown
71 Duval
7-5 (1989)
Watts, Tony
Simon Jurado
72 Duval
8-4 (1989)
Downs, Ernest
Forrest Harris
73 Duval
8-4 (2007)
Jackson, Michael
James Sumner
Carol Sumner
74 Duval
8-4 (2011)
King, Cecil
Renie Telzer-Bain
75 Duval
9-3 (1993)
Moore, Thomas
Johnny Parrish
Page 11 of24
Stephens broke into a home demanding marijuana and money,
and kept 9 inhabitants hostage. Stephens abducted the 3-year
old victim from the home and drove away in a car stolen from the
residence. Stephens abandoned the car with the toddler in it in a
sunny area, causing the child to die of hyperthermia and
suffocation.
Turner broke into the home of his estranged wife and stabbed
her 22 times in front of their daughter. When the victim's
roommate fled the house, Turner tracked her down and cornered
her in a phone booth where she was attempting to call 9-1-1,
stabbing her 51 times.
Watts confronted the victim's wife at gunpoint and forced her
into her house, demanding money from the victim and
threatening to shoot his wife if he did not comply. Watts forced
the victim and his wife to get undressed and attempted to rape
the wife. When the victim attempted to intervene, Watts shot
him in the mouth, killing him.
IDowns contracted to kill the v1ct1m for SS,OOO. Downs and an
accomplice lured the victim to a remote location where Downs
shot him four times in the head and once in the chest.
Jackson orchestrated the robbery, kidnapping and murder of the
two victims. Jackson and his accomplices abducted the victims in I
their home, bound them with duct tape, forced them into the
trunk of their car and drove them to a remote area across the
Georgia border where they had previously dug a hole to bury the
victims. After obtaining the victims' bank account information
and PIN numbers, Jackson and his accomplices buried the victims
alive in the hole, where they asphyxiated from dirt covering their
airways.
During a robbery ofthe victim's house, King killed an elderly
woman by battering her with a hammer at least 17 times on her
head, neck, back, hand, and legs.
Moore conspired with accomplices to rob the victim. After
entering the victim's home, Moore shot the victim twice when he
refused to tell him where he kept his money. Moore then
attempted to set fire to the house to burn the evidence.
Archer blamed a coworker for his termination from his job and
convinced an accompli~e to kill the coworker and make It appear
like ~
robbery. The ne)(t hight. Archer's aq:_o tnplfce arWJ tile other
men went to the store and shot th'e victi m twice from outside t he
store, then entered .the store and shot the victim twice in the
76 Escambia
7·5 (1993)
Archer, ~obln
Billy Coker
head.. execution-style, as he begged for his, llfe.
Brown. an.d two accomp1ices 'brutally beat the victim using a crew
77 E.scambia
T-5 (2012)
Brown, Tin'CJ
Audreanna Zimmerman
bar and stun gun, an·d later set the victim on fire.
Kormondy, an eleven-time convicted felon, and two accomplices
broke-into the victlm's home an,d held him hostage with his wife.
epea·tedly raped the vil3llm•s
Kormondy an,d hts accomp,Hce_
s r:_
I
wife, and later Kormondy kill,ed th_
e victim by sh'(?oting him, point 78 Escambia
8-4 (1999)
79 Escambia
8~4 (1992)
Kormondy. Johnny
Gary McAdams
blank, in the back of the head.
Melton, Antonio
George Carter
victim's pawn shop. Melton th'en shot the \'icf1m l n tile-head.
While under indictment for several murders, Gaskin approached
Melton held the
victlm hostage-while an accompllce robbed the
the victims' home intending to burglarize it. Gaskin fired a
handgun at the victims from outside the house, hitting the
husband three times and the wife twice before he entered the
house. Once inside, Gaskin shot each victim once more in the
head. later that night, Gaskin attempted to burglarize and shoot
80 Flager
8-4 (1990)
Gaskin, Louis
Robert Strumfels
the occupants of another home, but the occupants were able to
Georgette Strumfels
escape as Gaskin repeatedly fired at them.
ltsaKer ana nrs grnrnend t>roke rnto tne vrctrm s nome ana
attacked its three occupants. After repeatedly punching a 73
year old woman and pistol-whipping another occupant until
unconscious, Baker kidnapped the victim, attempted to withdraw
money with her ATM card, drove her to a remote area, and shot
81 Flagler
9-3 (2008)
Baker, Cornelius
Elizabeth Uptagrafft
her twice in the head at point-blank range.
Snelgrove killed an elderly couple in their home. He brutally beat
and stabbed the couple to death; their bodies had multiple
fractures and stab wounds. The woman died from a stab wound
82 Flagler
8-4 (2008)
Snelgrove, David
Glyn Fowler
to the heart and the man died of a brain injury caused by blunt
Vivian Fowler
·c assandra Banks
force trauma to the head.
Bank.~ shot his wife e~ecutfon ~!e wftile she was:~~leep_ing.
then went to his 10 year old)ste{"~daugtiter's· bedroom ~n<t
Melody Cooper
brutally raped her before shooting her In the head.
L
83 Gadsden
.9_
3 (1994}
Banks; Chadwick
Page 12 of 24
He
84 Gadsden
9-3 (2012)
Cannon, Marvin
Zacariah M~rgan
85 Hernando
8-4 (1996)
Hildwin, Paul
Vronzettie Cox
86 Hernando
7-5 (1989)
Shere~
Drew Snyder
87 f:iighlands
'9-'3 (.2009)
Altej'rsbe(ge~i Jos~ua
FHP Sergeant ~i.:;~ Sottile
88 Higtllands
8-4 (1984)
Kelley, William
Charles Von Maxcy
Richard
-
89 Hillsborough 7-5 (1987)
Brown, Paul Alfred
Pauline Cowell
90 Hillsborough 7-5 {1999)
Davis, Adam
Vicki Robinson
Qelgado, Humberto
C_2L_Mike Roberts
Page 13 of24
On Christmas Eve, Cannon and ~n accomplice conspired to rob
the two victims, and lured them .to a remote area under the
pretenS:e ·o f buying c.or'h. Cannon and the accomplice then
brutally attacked th'e two victims, stabbing the first victrm 35
times and severely injuring the seeond.
Hlldwin, while on parole for sexual battery convictions in New
York, raped the victim when she went to a coin laundry to wash
clothes, and later strangled her to death and hid the body in the
trunk of a car.
Believing the victim had "ratted.. on him for past illegal activities,
Shere and an accomplice conspired to kill the victim and lured
him to the countryside to go hunting. As the victim sat in his car,
Shere and his accomplice shot the victim 10 times and then
buried him.
While driving wfth an aecomplice, AJtersber.g~r saw a deputy on
patrol and sa'id he would shoot him if the deputy tried to stop
him. Later, Altersberger was stopped for-:a slmpl_e traffic
violation; dUI'ingthe \(afflc sto~, he shot an FHP offlceratpo'int·
blarik range~
Kelley was hired to klll.the victim by the victim's wife. and her
lover. Kelley fatally stabbed and shot the victim in his residence.
I
Once in the room 1 Brown fatally shot the victim and wounded her
friend.
Davis and his accomplices conspired to kill the victim after taking
LSD. Davis strangled the victim until she lost consciousness, and
then injected her with bleach1 but was not able to kill her. Davis
then stabbed the victim with a knife, and later stabbed her two
more times and tried to break her neck when he found she was
still alive. Davis and his accomplices left the body in a garbage
can in a wooded area and used the victim's credit cards, cash and
ATM card to get tattoos and matel'ials to dispose of the body
over the next few days.
During an altercation between Delgado and a police officer,
Delgado took the officer's gun, pistol whipped him, and shot him
while he was unconscious.
-
-
-
- -
Deparvine, William
Richard Van Dusen
Karla Van Dusen
Finney, Charles
Sandra Sutherland
Rose, James
lisa Berry
Taylor, Perry
Geraldine Birch
Deparvine, a 17-time convicted felon, contacted the victims to
purchase the truck they had advertised for sale. During the
transaction Deparvine stabbed one victim twice in the chest and
shot both victims in the head, killing them both.
Finney gagged and bound his neighbor, and stabbed him 13 times
in the back, killing him.
While bowling with his girlfriend and her daughter, Rose took the
8-year-old victim to the snack bar and then kidnapped her,
stripped her, and killed her by repeatedly hitting her in the head
with a hammer.
I
Taylor brutally beat the victim to death, causing damage to most 1
of her internal organs. The victim also had a bite mark on her
I
arm and patches of missing hair. Taylor admitted killing the
victim.
Calho •Jn kidnapped. bound, and placed the victrm in the trunk of
'
her ca.r. Calhoun Ht·t he car on f fr:e, burning the v1ctim alive.
While on probation for burglary, Evans conspired with
accomplices to kill the victim at his home and to make it appear
like a robbery. After arranging the scene, Evans laid in wait for
the victim to return home, and shot him twice in the head and
once in the spine.
Oyola robbed his vi~tim of $900, hit him over the he~_d with a
shove! severaH:imes, and brutally stabb.e d him to d'E:ath.
Duckett, a police officer, sexually assaulted the eleven-year-old
victim before drowning her and leaving the body in a nearby lake.
Dante shot two men with an AK-47 in an attempt to hold-up a
private house party.
Diaz confronted his ex·girlfriend at her parents' house in the
early~moming· haurs a.nd shot h~ in the·neek and.s~coulder as she
tried to ~cape tn her: car. Dlaz then chased'her father,
confronting him in hfs bedroom where his quadriplegic w ife was
in bed. Diaz chased the victim i'n to tne bathroom where he shot
him three time~ in the chest, and later returned to shoot him two
more times.
!
96 Holmes
9-3 (2012)
Calhoun. Johnny M .
Mia ~rowra
97 Indian River
9-3 (1999)
Evans, Paul
Alan Pfeiffer
98 Jefferson
9-3 {2010)
Oyola, Miguel
Michaellee ·Gerrard
99 Lake
8-4 (1988}
Duckett, James
100 Lake
8-4 (2009}
Hall, Donte
Theresa McAbee
Anthony Bernard Blunt
Kison Evans
101 Lee
9-3 (2000)
Diaz, Joel
Charles Shaw
I
Page 14 of24
The 1l cUm prpvenl~d FostPt a,n"CI his accomplkes (who c.a HPd
them •,elves ~he lords of Chaos) as they attempted to set fire to a
high ' cl-ool auditonum. Foster and his accomplices conspired to
102 lee
9-3 (1998)
Fc0ster, Kevin
Mark Schwebes
kil' th 2 victim at nJ-; Jiome When the victim answered his front
door, Foster shot hlrn in the fa.eae~-nd pelvis wft.h a shotgun.
I
I
While serving a life sentence for killing a policeman, Dillbeck
escaped custody and attempted to carjack the victim in a
shopping mall parking lot. When the victim resisted, Dillbeck
103 Leon
:104 Marion
8-4 (1991)
9~3
(1988)
Dillbeck, Donald
Faye Vann
stabbed her repeatedly in the throat and abdomen.
.Pontlc.e lll owed mo.n ey to th.e Vlctlrns, and planned to kill them.
Pontjc'e lli shot both ·men lrr'the head and robbe'd them of mone.v
Ponticelli, Anthony
Ralph Gtandinettl
Nick Grandinetti
and drugs.
Carr Jured the victim into a storage trailer and bound her to a
J
computer chair with duct.ctape. After unsuccessfully trying to
break her neck, Garr placed a
105 Marion
7-5 (2010)
Carr~
E.rrHifa
Heather Strong
plasttti bag·ovet the victim's head
unt•l .hP asphyxiated.
IOverton broke mto a couple's home 1n the middle at the n1ght. As
the husband went into the kitchen, Overton struck him over the
head with a pipe. When the wife came to check on her husband,
Overton chased her back into the bedroom and restrained her on
the bed. He then bound the husband in the kitchen, before
returning to rape and strangle the wife. The wife was eight
months pregnant, and a doctor determined the baby was viable
106 Monroe
9-3 (1999)
8-4 (1999)
Overton, Thomas
Susan Maclvor
and lived 30 minutes after his mother 1s death. Before leaving,
Michael Maclvor
Overton stransled the husband to death.
Peterka fled from Nebraska pribrtb beginning a prison sentence
for t heft. Peterka used a fake ID to cash a money order stolen
from his roommate; and later s,ho-t the roommate in the head
107 Okaloosa
8-4 (1990)
Peterka, Daniel
John Russell
when confronted about it.
Page 15 of24
After hearing from his son that his wife wanted a divorce.
Zaknewski left wark.to buy a maC!hete, and went home to wait
for his-'family to.ret Ur.h. When they arrfved,,.ra·krz.ewski ~it his
wife in the head with a c:rowbar se-veranimes. dragged her to t he
bedroom and strangled her with rope. Zakrzewski then ealled his
seven-year-old son fnto hi~ bathrQom and attac~ed hin'l with tl':le
machet e, and later called. hrs·flve~year-·ol d daughter into t he
bathroom and attacked her as wel l. After killing his children,
Zakrzewski dragg~d his wife's body into th.e bathroom and
attacked her with the·machete.
Huggins carjacked the victim's vehicle in a grocery store parking
lot, abducted the victim and strangled her to death. Huggins
then buried the victim In a shallow grave.
Mclean and his accomplices, armed with firearms, robbed the 15
year-old victim' s apartment to steal drugs and money. During the
robbery, a second victim appeared and was held at gunpoint. The
second victim tried crawling to escape, and was shot in the back.
The 15-year-old victim was then fatally shot several times in the
chest. While fleeing, Mclean hit a sheriff deputy's car, which in
turn hit the deputy standing nearby, throwing him 15-20ft.
Rodgers suspected his wife was having an affair and confront ed
her at the daycare center she operated. Rodgers kicked and
slapped the victim before going to a back bedroom and retrieving
a gun, after which he repeatedly shot the victim as she
attempted to escape through the front door.
Spencer had a history of domestic violence against the victim.
The victim's son heard fighting in the backyard and saw Spencer
hitting the victim in the face and head with a brick. When he
tried to intervene, Spencer threatened the son with a knife, and
the son ran to the neighbor's house for help. Spencer then
stabbed the victim repeated!~ in the chest with the knife.
Lebron lured the victim to a house under the pretext of selling
him car accessories.} fOrced th.e victim to lie. face-down on the
floor and shot him In the head point blank with a sawed...oft
shotgun. An eye-wit ness said that after L-ebron shot t he victim
he ran around smiling, laughing, and yelling~~~ did it.11
•
108 O.kaloo.sa
7-5 (1.996)
Zakrzewski, Edward
Sylvia Zakrzewski
Edward Za-~rzewskl
109 Orange
9-3 (2002)
Huggins, John
Carla Larson
110 Orange
9-3 (2007)
Mclean, Derrick
Jahvon Thompson
111 Orange
8-4 (2003)
Rodgers, Theodore
Teresa Henderson
112 Orange
7-5 (1992)
Spencer, Dusty
Karen Spencer
113 Osceola
7-5 {2005)
Lebron, Jerrnaine
Larry Neal Oliver
Page 16 of24
,I ..
117 Palm Beach
9-3 (1996)
Pooler, Leroy
Kim Brown
118 Palm Beach
7-5 (1979)
Scott, Paul
James Alessi
119 Pasco
8-4 (1991)
Derrick, S-amuel
Rama Sharma
Francis burglarized the home of the 66-year-old twin victims, who
were neighbors and friends of his mother. Francis stabbed one
sister 16 times, severing her jugular veinand puncturing her
lungs, and stabbed the other sister 23 times, severing her jugular
vein.
While on parole, Haliburton broke into the victim's home and
attacked him as he slept, stabbing him 31 times. Haliburton later
told his brother that he murdered the victim just to see if he
I
could kill another human being.
Pietri escaped custody at a work release center, and committed a
string of burglaries over the following days. Pietri was stopped
for speeding in a stolen pickup truck, and shot the police officer
in the chest as he approached the vehicle.
Pooler reportedly told the victim, his ex-girlfriend, that if he could
not have her, no one else would. Pooler went to the victim's
'
apartment, cut the phone lines, and shot the victim's brother
who was attempting to flee. He returned to the exgirlfriend who
was calling for help, and struck her in the head with the gun. The
victim struggled, and Pooler shot her several times, at one point
pausing to say, "You want some more?" The victim was shot five
times.
Scott, who had escaped parole supervision in California for a
second-degree murder conviction, conspired with an accomplice
to rob and kill the victim . Scott and his accomplice attacked the
victim in his home, stripped him nude, bound his hands and feet
with wire, and beat him to death.
While att,ef11p.t ipg torre,q the victrrn's conv:enience ·sto.re1 ~Uerrick
attacked the man otl_~ide of the stare and stabbed him 31 times
when he be1an screamin; for help.
Teresa lodge
Hodgl<.ins, whose..prfar record included the .sexual battery of a 12
year-pld, a~acked th~ vtctirn ln ~er ap.a rtment. He choked her,
beat h~, slashed her throat, and s~ab~ed her 7_times. _
114 Palm Beach
8-4 (1998)
Francis, Carlton
Claire Brunt
Bernice Flegel
115 Palm Beach
9-3 (1988)
Haliburton, Jerry
Donald Bohannon
116 Palm Beach
8-4 (1990)
Pietri, Noberto
Officer Brian Chappell
1
120 Pasco
7-5 (2011)
Hodg~ins, -Derral
Page 17 of24
Occh icon~ at~emp~ed
to talk to his ex-girlfnend at the house she !
shared w1th ner children and parents, but she refus~Q to speak-to •
him. Occh i~one returned fo the h·ou:se later that night With a
handgun, cut the ext error telephone w ires and woke the
121
Pa:.s~o
7-5 (1987)
Occhicone, Dominick
Raymond Artzner
Martha Artmer
household~ When the father exited ti:Je hous~ to confront'him.,
I
Occhicone Shot and kllled htm, and then broke into the lricked
house, where he shot the m·o theF four t imes as the ex-girlfriend
and her daughter ffecJ.
I
I
Partu1 picked up .t he 1& year old v•ct1m and spent the day w•th
her and hfs ~,year old daugtit~r swimming and flshing. 'They all
122 Pasc::o
123 Pinellas
9-3 (2008)
Partin, Phillup
9-3 (1984)
7-5 (1984)
7-5 (1984)
124 Pinellas
8-4 (1987)
125 Pinellas
9-3 (2011)
8-4 (2011)
Joshan Ashbrook
Gary Peterson
Bobby Martindale
Cooper, Richard
Davis, Mark
Steven Fridella
Orville Landis
returned to Partin's home that-' night. P.artfn stran·gle~d the victim,
slashed her th~oat, and broke her neck before fleelng-the state,
and rema1ne_d a fugitive for over a year.
Cooper and three accomplices spent over a week planning a
robbery. On the day of the crime, the robbery victim was hosting
two friends and his 8 year old son. Cooper and another
accomplice bound the three adult victims and shot them to
death.
Davis helped the victim move into an apartment and borrowed
money from him, later telling other neighbors that he intended
to rob and kill the victim. Davis then attacked the victim, choking
him, hitting him in the face repeatedly, and stabbing him mult iple
times, with two different knives.
Evans broke into the home of his estranged wife to confront her
126 Pinellas
9-3 (1995)
127 Pinellas
9-3 (1995}
-
Evans, Patrick
-
Elizabeth Evans
Jerry Taylor
Gordon, Robert
Dr. Louis Davidson
McDonald, Meryl
Dr. Louis Davidson
Page 18 of24
and her boyfriend, and held both victims at gunpoint before
shooting each one in the neck from close range.
The v1ct1m s ex-wite hired Gordon and McDonald to kill him.
Gordon and McDonald bound, blindfolded, gagged and hogtied
the victim in his apartment before beating him in the ribs, face
and head with a blunt object and drowning him in the bathtub.
The victim's ex-wife hired Gordon and McDonald to kill him.
Gordon and McDonald bound, blindfolded, gagged and hogtied
the victim in his apartment before beating him in the ribs, face
and head with a blunt object and drowning him in the bathtub.
I
132 Pinellas
9-3 (1986)
Walton, Jason
Steven Fridella
Bobby Martindale
Gary Petersen
133 Pinellas
9-3 (2009)
Hampton, John
LaShonda McKinnes
134 Pinellas
9-3 (1986)
Rose, Milo
Robert Richardson
MercK attemptea to piCK a ngnt w1tn tne v1ct1m 1n a oar parKing
lot, but the victim refused. Merck went to his car, returned with
a knife and began repeatedly stabbing the victim in the back and
neck. After fleeing the scene, Merck bragged to his accomplice
that if he had not killed the victim, he would find him at the
hospital and "finish the job."
Peterson robbed a store as its employees were closing on
Christmas Eve, during which he attacked the victim and shot him
point blank in the torso. Peterson had committed a string of
other armed robberies prior to this murder.
During an attempt to rob two of his clients at their house,
Robards stabbed the couple. He slit the throats of both of the
victims and punctured one victim's lung.
Smith and an accomplice got in the victim's cab after committing
an armed robbery earlier in the evening. The victim called in a
distress signal to his dispatcher while transporting the men, and
was shot in the back by Smith as he tried to run away from the
cab .
Walton conspired with his accomplices to rob the victims for
drugs and money. Walton rounded up the three victims, bound
their hands behind their back and forced them to lay face down
on the ground. Walton also bound an 8-year-old boy in the
house and put him in a bathroom. When one of the victims
recognized Walton, he ordered his accomplices to shoot them
after his own gun misfired.
Hampton murdered the victim during the course of a burglary
and robbery. Hampton raped her, slit her throat, and tried to
wash his DNA off her with cleaning chemicals and lighter fluid.
Hampton was on probation at the time for failing to register as a
sex offender in Georgia.
Rose, who was living with the victim's mother, attacked the
victim on the street. As the victim laid on the ground, Rose
repeatedly threw a concrete block onto the victim's head.
McCloud. Rebert
Tarorqa Tarlot
Dus:t in Freeman
McCto.ud to..ok part in a home .l nv~,slon puring whic;Jl two victims,
23 and 2.6 yealis ·old, were shot. exe.cution style. Anotti·er.~ m~n ·was
tortured and shot multiple times, but survived.
1
128 Pinellas
9-3 {2004)
Merck Jr, Troy
James Anthony Newton
129 Pinellas
8-4 {2005)
Peterson, Charles
John Cardoso
130 Pinellas
7-5 (2010)
Robards, Richard
linda Deluca
Frank Deluca
131 Pinellas
8-4 {1990)
Smith, Derrick
Jeffery Songer
135 Polk
8-4 (2012)
- -·
Page 19 of24
_L___
-
-
136 Polk
8~4
(1999}
Morris. R'obert
Violet livingston
Rigterink, Thomas
Jeremy Jarvis
Allison Sousa
(19~U)
Trepal. George
Peggy Carr
(2004)
Woodel, Thomas
BerfliQ! Moody
Kilgore, Dean
Emers-on Robert Jacksor~
137 Polk
7'-5 (2005)
138 Polk
9-3
139 Polk
7~5
140 Polk
9'-3 (l99a.)
I
I
141 Polk
142 Polk
143 Polk
9-3 (1999)
9-3 (1991)
9-3 (2007)
Nelson. Micah
Pittman. David
Serrano. !\Iebon
Virginia Brace
Clarence Knowles
Barbara Knowles
Bqn·rile Knowles
Frank Dosso
Dian.e .PatJsso
Georg~ Patiss·o
George Gonsarves
Page 20 of24
IWhlle on parole from two robbery conv•ct•ons tn Miss•sstpp•,
rytorris broke into the 88-year-old victim's home tnrough her
kitchen wi ndow and attacked her, beating her with her cane and
asphyx:iating her by wrapping bedsheets around her neck and
head, be_fbr~a stashing her body -betwee11 ·t wo beds.
Rigterlnk attaEked one victim with a ten-inch lon~ knife 22 t imes.
The victim ran to a nearby offlc~ where the second victim, a
secretary; attempted to call f~r help. Rigterln~ stab~ed the
I
s.econd victfm 6 tlms. Both victi ms died from their injuries.
Trepal threatened
kill the victims, his next-door neighbors, on
a number afoccasions.. Trepat poisoned seven Victt ms 'by putting
thallium fnte the,ir soft drinks. One of the victims fe lr into a coma
for she months, and ultimately died after she was-taken off life
support.
Woodel broke into the trailer of an elderly couple. He killed the
74-year-o,ld wife by hitting l'ler over the head with a P9TCelal n
toilet tanlc •md stabbing her"56 t irn:es. He then kit\ed the 79-year
old husb~od by stabbing him 8 tim.es.
While seNing'two life sentenc~,~ for 1 ~· degr~e murder and
kidnapping, Kilgore waited outside the cell of another inmate and
repeatedly stabbed the man when he -approached.~ b~fore
pourlng.a cpustiE: liquid on hisJ ace and In his mouth.
foJ'els_on broke into the home of the 78-year-old.'-'iC:trm. I!Jhuexuallv
assaulted h~fi crushed her vertebra, broke 3 ribs! and abducted
her by locking her in her car trunk. Nelson drove the victim to an
orange grove where he atte.mpte.ct to strangle her. before
11nloadlng a fire extinguisher into her mouth and then jamming a
tire iron into her m·o uth and ~hrough the back of h~r he:ad.
After threatening-to km his ex-wife and her family when she filed
for divoree, Rittman cut the phort.e lines of her parents: l'lome,
broke into the house and repeatedly stabbed all thr-ee occupant s,
slicing his ex-wife's throat before setting fire to tne residence.
to
Serrano shot.fo.u r victims (his former business partne(s and one' s
wife, ;(young stl;lte prosecutor) ~xeoution style, and fled t o
Ecuador. Serrano was deported back to the Urtited States.
Fletcher broke out of jail, stole a vehicle, attempted a home
robbery and beat, strangled, and killed the victim when she
144 Putnam
8-4 (2012)
Fletcher, Timothy
Helen Googe
I
145 Putnam
8-4 (1991)
Hall, Freddie Lee
claimed not to have a large amount of cash.
Hall ana an accompuce approacnea tne v1ct1m, who was twentyone years old and seven months pregnant. She was driven to a
wooded area, where she was beaten, raped, and shot.
Subsequently, Hall and his accomplice walked into a convenience
store. Their conduct aroused the suspicions of the store clerk.
Deputy Lonnie Coburn responded to the calL The men disarmed
Deputy Coburn and shot and killed him with his own gun.
Randolph attempted to rob the convenience store where he used
to work when the manager confronted him. Randolph attacked
Karol Hurst
the manager, beating her, strangling her with a cord, and
stabbing her with a knife before raping her and leaving her for
dead. The victim died six days after the incident from severe
146 Putnam
8-4 (1989)
Randolph, Richard
Minnie Ruth McCullum
brain injury.
Wright, who had previously burglarized the 75-year-old victim,
147 Putnam
148 Santa Rosa
9-3 (1983)
7-5 (2012)
broke into her home again and, when she saw him, sexually
assaulted her and stabbed her repeatedly in the face and neck.
Wright, Joel
lima Smith
Hobart. Rob!!rt
Robert Hamm
Tracre Tolber
Hobai t shot an engaged co_u ple in their heads and left t hem on
the side,of the road ,
LawrE~nce confronted the VIctim, who had been sleeping w•th his
estra1lged wlfe·, but te~ol ved th e ~l.spute :a nd the vkt i'm. took a
nap. As the vict,lm sl e~t on th:e c~uch , l awrence and his w ife
gathered weapons from .around the home ~nd attacke~ ~he
victini, be_a tinghlm in ~he head _and tJce w ith a metal pipe and
baseball bat. Lawrence and his wife-mut ilated the victim 's face:.
149 Santa Rosa
9-3 (1995)
Lawrence. Gary
Michael Finken
150 Santa Rosa
7-5 (1989)
Pace. Brut e
Floyd Covington
151 Sarasota
7-5 (1995)
Whitfield, Ernest
Claretha Reynolds
Page 21 of24
crushed his skull •.r epeatedly stabbed him and shoved a mop
handle down his throal:; Lawrence... robbed the. body, put it in a
car, and then set the body on fir-e·:
Pace shot the victim twice in t he chest from close range with a
shotgon after getting a ride ln the vlctim's t ab.
Whitfield threatened to kill the victim and her two roommates
when they refused to give him money. Whitfield returned to the
home later with a large knife, raped one of the roommates, and
then stabbed the victim repeatedly as she slept in a room with
her five children.
7~5
(2006·)
Cheryl Williams
152· S!!min.o le
9-3 (2006)
Aguirre-Jarquin.
Clemente
153 Seminole
9-3 (1999)
Barnhill, Arthur
Earl Gallipeau
154 Seminole
8>:A (2003}
Buzia. John
Charles l<'er-Sct;l
15~
7~5
Davis, William
Fabiana Malave
Seminole
(2006)
Carol Sar.eis
156 St. Lucie
9-3 (2009)
Gosciminski, Andrew
Joan Loughman
157 St. Lucie
8-4 (2007)
Hayward, Steven
Daniel Destefano
158 Sumter
8-4 (2011)
Dausch,,Carl
Adrian Mot>ley
159 Vol usia
7-5 (1987)
9-3 (1987)
Leonard Wayne
cfherry, Roger
~sther Wayn~
Page 22 of 24
Aguarre-Jarquin bro!<e mto tus ne•ghbors nome. and stabbed one
ncigr1bor 129 ttmes. He stabbed the other neighbor, a partially
paralyzed wheel-chalt bound woman tw.ice, killing her as well.
Barnt1ill broke into the victim's borne to rob him, and hiEi l n his
kitchen while the Victim watched television. SarnhiiJ attacked the
victit'll w~en he entered the kitchen, and attempted to ~trangle
!:lim with hrs hands ar.~d a towel 'before wrap.p ing t~e vi.ctlmrs belt
around hls neck and killing him.
Buzia attacked the victim's wife in thel r home in an attempt to
rob herl punching and kicking her until she lost consciousne·~s
and thet:l dr'aggtng''hl!r'body into a bedroom. Whe·r:1 the vioti'm
arrived h9me, Buzi.a attacked hrm, knocking him onto ~the_ ground
b.efore retrlevfng an axe from the garage and hitting him in the
heac.t killing him. Suzla then went to the bedroom and hit the
I
wife ln the headwi~h the flat srcre of the axe, but she s_u,rvlVed.
I
Davis CJbducted the .19-year..old ·victim from her workplace at
I
knifepoint and took her to his home. where he raped her and
strangled her to death.
Gosciminski, a nursing home employee, murdered the victim,
who was in town to visit her father in the nursing home.
Gosciminski stole her two-carat ring and other jewelry totaling
$40,000.
Hayward robbed the victim and shot him once in the thigh and
once in the chest. Hayward had previously been convicted of
sixteen felony offenses, including robbery and second-degree
murder.
Oausch killed -a Walmart manager: and dumped his body on a
coun· vroad The man's body was found stomped to dea:tn and
hog-t ;e.d. When dete(tlves matched Dausch'sJ)NA to the crime,
he WAS serving a prison sentence in Indiana for rape.
While burglarizing the home of an elderly couple, Cherry struck
the wife multiple times in the head, killing her. Her husband died
of cardiac arrest as a result of the murder.
-
160 Vol usia
8-4 (2004)
England, Richard
Howard Wetherell
161 Vol usia
8-4 (1990)
Fotopoulos,
Konstantin
Kevin Ramsey
Bryan Chase
7-5 (2011)
Gregory, William
Skyler Meekins
Daniel Dyer
8-4 (1982)
Herring, Ted
Norman Dale Hoeltzel
164 Vol usia
9-3 (1993)
Hunter, James
Wayne Simpson
165 Vol usia
9-3 {2007)
Jackson, Ray
Pallis
Paulk
-
162 Vol usia
163 Vol usia
-
- -
Page 23 of 24
England used a fire poker to beat the 71-year-old victim to death,
fracturing his spine and causing him to suffocate due to a
paralyzed diaphragm. England later told accomplices that the
victim deserved to die for having homosexual relations with
another man.
Fotopoulos forced his accomplice to kill one victim, who had
been tied to a tree, while he videotaped the accomplice shooting
him in the chest three times, before Fotopoulos shot the victim in
the head with an AK-47 assault rifle. Fotopoulos later used the
video-tape to coerce the accomplice to help him murder his wife
by hiring a hitman. The hitman shot Fotopoulos' wife in the head
at their home, but it was not fatal, and Fotopoulos then
repeatedly shot the hitman and killed him in an attempt to make
the murder a_ppear like a failed burglary.
Gregory murdered his 17 year-old ex-girlfriend (and mother of his
1-year-old child) and a 22-year-old male at point blank range,
execution style, while his daughter slept in another room.
I
Gregory had previously threatened his ex-girlfriend that he would
kill her if she cheated on him.
Herring robbed a convenience store and shot the clerk three
times. Herring later told a police officer he killed the clerk to
keep the victim from testifying against him.
Hunter approached a group of men standing outside a
convenience and forced them to lie face down on the ground as
his accomplices robbed them, after which he shot each of the
men on the ground in turn, killing the victim. Hunter and his
accomplices had robbed another man earlier in the night.
I
In retaliation for her earlier theft of drugs from him, Jackson
I
kidnapped and bound the victim, keeping her locked in the
bathroom of an accomplice's house. Jackson said that he
planned to kill the victim, and when night came, he put the victim
in his car trunk and drove off. The badly decomposed body of
the victim was found several months later in a shallow grave by
the side of the road.
1
-
The victim was last seen with Suggs at the bar where she worked.
166 Walton
7-5 {1992)
Suggs,
Er~est
Suggs robbed the bar, abducted the victim, and stabbed her
twice in the neck and once in the back, leaving her body by a
local dirt road.
-
- - -
Pauline Case_y_
Jury ~mmendatlon
-
#of cases
Victim s;.._separa~e
jury
reoarn·me'!1dation s
9
7-5:
8·4;
42
54
9~3 :
61
Total
16~
Page 24 of24
-
Raoul Cantero and Mark Schlakman:
Review of Florida's entire death-penalty
process is overdue
By Raoul Cantero and Mark Schlakman
Special to The Gainesville Sun
Published: Tuesday, September 3, 2013 at 6:01 a.m. (Last Modified: Friday, August 30, 2013 at 10:54 p.m.)
Florida's Legislature this year passed the Timely Justice Act, which, among other things, requires
that a list be developed to reflect all active death-penalty cases affirmed on automatic direct
appeal to Florida's Supreme Court wherein "post-conviction relief" was denied in state and
federal court.
Post-conviction proceedings involve collateral matters not raised on direct appeal, like
ineffective assistance of counsel, allegations of prosecutorial misconduct and newly discovered
evidence involving claims of actual innocence.
Preliminary indications are about 135 cases (33 percent of death row) may qualify — that's
unprecedented.
To oversimplify, such cases would be subject to routine executive clemency investigation, and if
a governor ultimately denies clemency, he would sign a death warrant; additional litigation
would ensue. Given the circumstances, it's conceivable that Gov. Rick Scott and future Florida
governors might sign significantly more death warrants than their immediate predecessors.
House Criminal Justice Subcommittee Chairman Matt Gaetz, R-Fort Walton Beach, said he
sponsored the Timely Justice Act to speed up post-conviction proceedings and reduce time
between sentencing and execution. Analysis indicated inmates average 13.22 years on Florida's
death row before execution, less than the national average.
Considerable confusion surrounds this legislation. The Timely Justice Act didn't expedite these
135 cases through the post-conviction process. When signing it into law, Scott emphasized, "It
does not fast-track death-penalty cases through the court system."
A challenge before Florida's Supreme Court will address whether, or the extent to which, it runs
afoul of Florida's Constitution.
Regardless of the outcome, concerns about undue delay are best addressed through a
comprehensive review of Florida's entire death-penalty process by all branches of state
government intended to minimize the risk that innocent people (or others who shouldn't be
subject to the death penalty) might be executed. This essentially is the position The Florida Bar's
Board of Governors adopted in February.
In March, Florida's Supreme Court established a Capital Postconviction Proceedings
Subcommittee to seek input from stakeholders; its scope is limited.
Some of these 135 cases may be unlikely prospects for death warrants given other issues like
mental illness, and the capacities of the executive branch to conduct clemency investigations and
Florida's Supreme Court to review multiple cases under death warrant are countervailing factors
militating against a potential torrent of death warrants.
Ironically, controversy involving the Timely Justice Act diverted attention from these issues and
other serious concerns about Florida's death-penalty process documented in a 2006 American
Bar Association report, including that Florida is the only state that allows juries to find the
requisite "aggravating circumstances" to support capital punishment and recommend death
during penalty-phase proceedings by simple majority, e.g. 7-5.
In Florida, 12 people constitute capital-case juries, guilty verdicts must be unanimous, and while
judges impose sentences, jury recommendations carry great weight.
In 2005, Florida's Supreme Court in State v. Steele urged the Legislature to revisit Florida's
death-penalty statute to require unanimity for recommendations of death.
Sen. Thad Altman, R-Viera, introduced such legislation during the past three legislative sessions;
it died in committee.
Requiring unanimity would help ensure the death penalty is reserved for the worst of the worst.
It's notable that more death sentences reportedly were imposed in Florida than any other state
during the past two calendar years; and more exonerations have occurred in Florida than any
other state since 1973.
Some claim serial killers like Ted Bundy and Aileen Wuornos would have avoided death
sentences given 10-2 votes.
Not necessarily. Research by Scott Sundby from the University of Miami School of Law
indicates more rigorous analysis would result and the nature of jury deliberations would change,
conceivably achieving unanimity especially when nine or more were in favor of the death
penalty.
Almost all remaining capital punishment states, including Texas, require unanimous penaltyphase juries. Florida is conspicuously absent. Moreover, a comprehensive review of the entire
death-penalty process called for by The Florida Bar is arguably long overdue. Issues raised in the
2006 ABA report would be a logical place to start.
Raoul Cantero, a former state Supreme Court justice appointed by Gov. Jeb Bush, practices law
in Miami. Mark Schlakman, of Florida State University's Center for the Advancement of Human
Rights, was on the ABA's Florida Death Penalty Assessment Team. This column initially
appeared in the Orlando Sentinel.
EXHIBIT 7
A COMMITMENT FOR THE UNIVERSITY OF FLORIDA COLLEGE OF LAW
Gerald T. Bennett Prosecutor/Public Defender Training Program (F008793)
Date
We, The Criminal Law Section of the Florida Bar, hereby pledge a total of $125,000 for the Gerald T.
Bennett Prosecutor/Public Defender Training Program at the University of Florida Levin College of Law.
We will begin pledge payments in August 2015.
Signature
Date
Pledge Year 1 $25,000
(The fiscal year of the College of Law runs from July 1 through June 30)
Please send a pledge reminder:
 Annually
 Semi-annually
 Quarterly
 It is not necessary to send a pledge reminder.
This pledge and resulting payments are to be anonymous:  Yes
 No
 ELIGIBLE FOR MATCHING GIFT FROM EMPLOYER (Please send form.)
Please acknowledge and credit as follows:
Name(s) (please print)
Degree/Year
Employer
Street
(
Phone
City
State
Zip
)
E-mail Address
Secure credit card donations may be made by calling toll free 1-877-351-2377 or online at
https://www.uff.ufl.edu/OnlineGiving/Law.asp.
Please make Checks payable to:
University of Florida Foundation
Mail to:
P.O. Box 117623, Gainesville, FL 32611
Phone: (352) 273-0644
FAX: (352) 392-3434
EXHIBIT 8
300
CERTIFICATION PROGRAM ACCREDITATION
3.01 AUTHORITY AND PURPOSE.
The BLSE shall have authority and responsibility to evaluate lawyer certifying organizations and
programs and to define the conditions and procedures under which accreditation shall be granted,
maintained, or revoked. Such review is intended to enable the BLSE to evaluate the objectives,
standards, and procedures of such organizations and programs to ensure for the public the
continued value of “certified,” “board certified,” “specialist,” and “expert” as a means to identify
lawyers who have demonstrated special competence, skills, and proficiency, as well as character,
ethics, and professionalism in the practice of law.
3.02 DEFINITIONS
(a)
"Accredited Organization" means an entity that has at least 1 program accredited by the
BLSE to certify lawyers as specialists.
(b)
"Applicant" means a certifying organization which applies to The Florida Bar BLSE for
accreditation or re-accreditation.
(c)
"Florida component" is knowledge, skill, and understanding of Florida law.
(d)
"Florida plan" refers to the Florida Certification Plan, including the standards for each
specialty area as set forth in chapter 6, Rules Regulating The Florida Bar.
(e)
"Program," unless otherwise specified, means the process by which lawyers are certified
as specialists in a certain area of law practice.
(f)
"Specialty area" is the field of law in which lawyers are or are proposed to be certified as
legal specialists.
(g)
"Evaluation subcommittee" refers to the subcommittee convened to advise the BLSE in
administering the accreditation of specialty certification programs for lawyers under these
policies.
3.03 ELIGIBILITY FOR ACCREDITATION
To be eligible to become an accredited organization, an applicant must:
(a)
demonstrate its dedication to the identification of lawyers who possess an enhanced level
of skill, expertise, and professionalism, and to the continued development and improvement of
the professional competence of lawyers;
(b)
demonstrate sufficient resources and personnel who, by experience, education and
professional background, have the ability to direct such program(s) in a manner consistent with
these policies;
1
(c)
include a governing body, a majority of which are lawyers who have substantial
involvement in the specialty area and are responsible for the review of lawyers for certification;
(d)
define the specialty area(s) in which applicant certifies or proposes to certify lawyers as
specialists in understandable terms for potential users of legal services in a manner that will not
lead to confusion with other specialty areas;
(e)
demonstrate that applicant organization's certification and recertification requirements are
not arbitrary, can be clearly understood and easily applied, and that its programs operate in
accordance with these policies;
(f)
certify only lawyers who have satisfied each requirement and who continue to maintain
such requirements comparable to, but no less than, those required for certification under the
Florida plan;
(g)
not require membership or completion of educational programs offered by any specific
organization for certification; and,
(h)
not discriminate against any lawyer seeking certification on the basis of race, religion,
gender, sexual orientation, disability, or age.
3.04 MINIMUM STANDARDS FOR LAWYER CERTIFICATION
(a)
Applicant shall require lawyers to satisfy and maintain standards comparable to, but no
less than, those required for certification under the Florida plan and, where the same or similar
specialty area exists under the Florida plan, applicant shall require no less than the standards set
forth for that specialty area, including passage of the Florida exam. If the area does not exist
under the Florida Plan, specific and/or additional requirements shall include:
(1)
Substantial Involvement. If determined appropriate by the BLSE, a Florida
component shall be required to evidence experience and involvement specific to Florida law.
(2)
Peer Review. Applicant, not the lawyer seeking certification, shall send and
receive statements of reference. References must be from persons who are not related to the
lawyer or who are not engaged in legal practice with the lawyer. Applicant shall further require
and consider at least 2 statements of reference from individuals apart from those submitted by
the lawyer. Statements of reference shall inquire at least into the reference's specialty area,
familiarity with the specialty area, the length of time the reference has been practicing law and
has known the lawyer, and the lawyer's qualifications, both generally and in the specialty field,
as well as the lawyer's character, ethics, and professionalism.
(3)
Examination. Applicant shall submit a copy of the written examination and must
demonstrate that a lawyer seeking certification must pass such examination. The examination
must be of suitable length and complexity to evaluate the lawyer's knowledge of substantive and
procedural law in the specialty area. The examination shall include professional responsibility
and ethics as relative to the specialty area. The examination shall also include evidence of a
Florida component as determined appropriate by the BLSE. Applicant must also provide
evidence of periodic review of the examination to ensure relevance to knowledge and skills
2
needed in the specialty area as the law and practice methods develop over time, and evidence
that appropriate measures are taken to protect the security of all examinations.
3.05 MINIMUM STANDARDS FOR LAWYER RECERTIFICATION
(a)
Applicant must have adopted a plan for recertification of all lawyers previously certified.
Certification or recertification shall be valid for 5 years. While no examination shall be required
for recertification, each certified lawyer must show continued competence in the specialty field
in accordance with standards comparable to, but no less than, those required for recertification
under the Florida plan and, where the same or similar specialty area exists under the Florida plan,
applicant shall require no less than the standards set forth for that specialty area.
3.06 APPLICANT PROCEDURAL REQUIREMENTS
(a)
Applicant must provide a written review process whereby a lawyer has the opportunity to
challenge a denial of eligibility, a denial of certification or recertification, or suspension or
revocation of certification to an impartial decision maker.
(b)
Applicant will require lawyers seeking certification or recertification to report to
applicant, within the application, criminal or professional misconduct, judgments of guilt and/or
disciplinary sanctions. Applicant will also require the lawyer seeking certification or
recertification to report to applicant, within the application, whether the lawyer has either
withdrawn an application for certification or recertification by The Florida Bar or had
certification denied or revoked by The Florida Bar. Applicant will have procedures in place to
revoke lawyer certification in instances of a disciplinary suspension, reprimand, disbarment, or
criminal conviction. Applicant will revoke lawyer certification in instances of denial or
revocation of certification by The Florida Bar. Applicant will further report such instances
immediately to the BLSE.
3.07 APPLICATION FOR ACCREDITATION
(a)
Application shall be made to BLSE in a format prescribed by the BLSE with all
information completed, including any supplemental documentation requested, along with the
appropriate non-refundable processing fee.
(b)
The application shall be accompanied by a listing of the names, bar numbers, specialty
areas, and certification periods (beginning and ending dates) of Florida lawyers currently
certified by applicant.
(c)
The application shall be signed by an authorized representative of applicant.
(d)
If applicant is accredited by the American Bar Association to certify lawyers as
specialists, proof of such accreditation shall be provided with the application.
3.08 EVALUATION SUBCOMMITTEE
3
(a)
It is responsibility of this subcommittee to conduct an independent evaluation of the
qualifications of an applicant and each specialty program submitted and to recommend action to
be taken on applications for accreditation.
(b)
Appointment of the evaluation subcommittee shall be made by the BLSE chair and shall
consist of up to 5 members including a member of the BLSE to serve as chair; a member of the
relevant certification committee(s) (if applicable); person(s) knowledgeable in the specialty
area(s); and, a person(s) knowledgeable in the administration and the operation of a program
which certifies lawyers as specialists. If an applicant applies for accreditation in more than 1
specialty area, an experienced practitioner in each of the areas shall be appointed to the
evaluation subcommittee.
(c)
Unless otherwise extended, the evaluation subcommittee's responsibility shall end after
final decision on an application has been made.
(d)
Persons deemed to have a conflict of interest shall not serve on an evaluation
subcommittee.
3.09 EVALUATION SUBCOMMITTEE ACTION
The evaluation subcommittee shall act by majority vote within 90 days after receipt of a
complete application. The evaluation subcommittee shall:
(a)
Recommend accreditation with or without conditions, if applicant has demonstrably
satisfied all the requirements for accreditation as set forth in these policies; or request additional
information; or
(b)
Recommend denial if applicant fails to satisfy the requirements of these policies or has
made material false representations or misstatements of material fact; and
(c)
Provide written notice of its recommendation and the basis thereof to applicant, with a
copy to the BLSE. A request for reconsideration may be made but must be in writing. It must
state clearly and concisely any new or clarifying information addressing the basis for the denial
and include all relevant evidence supporting the position of applicant. If no response is received
within 30 days of the date of receipt of the notice, the recommendation shall be forwarded to the
BLSE for action.
3.10 BLSE ACTION
The BLSE shall act on the recommendation of the evaluation subcommittee within 120 days
after submission of the recommendation. The BLSE shall transmit its decision in writing to
applicant.
3.11 DURATION OF ACCREDITATION
Accreditation by the BLSE shall commence and remain in effect during the dates indicated on
the notice of accreditation, unless terminated sooner pursuant to the earlier of the following
occurrences:
4
(a)
Termination of accreditation is requested in writing by the accredited organization and an
acknowledgment letter sent by the BLSE stating the effective termination date; or
(b)
Revocation of accreditation by the BLSE.
3.12 ADVERTISEMENT OF ACCREDITATION
(a)
In connection with advertisement of accreditation pursuant to these policies, an
accredited organization must state in its Florida advertisement(s): "Accredited by The Florida
Bar to certify lawyers in the specialty area(s) of [insert specialty fields].” If conditions are
stated, the organization must also include: “under the following conditions [insert the
conditions].”
(b)
In connection with advertising the fact of certification by an accredited organization
pursuant to these policies, a lawyer must state: "Certified Specialist in [insert specialty field) by
(full name of the accredited organization.]"
(c)
As to the accredited organization, a lawyer may, in addition, include "Accredited by The
Florida Bar.”
(d)
A member of The Florida Bar may not hold himself or herself out as being certified by
The Florida Bar or an accredited organization unless actually certified by those entities.
(e)
A member of The Florida Bar certified by an organization whose accreditation is revoked
pursuant to these policies may not advertise certification by that organization in Florida.
3.13 REVOCATION OF ACCREDITATION
An organization's accreditation may be revoked by the BLSE for the following reasons:
(a)
Accreditation is granted contrary to these policies where the accredited organization
made material false misrepresentations or misstatements of material facts; or
(b)
The accredited organization no longer meets the standards for accreditation; or
(c)
The accredited organization's advertisements are contrary to these rules; or
(d)
The accredited organization fails to file any annual reports, fees, or respond to requests
from the BLSE.
3.14 REVOCATION PROCESS
Revocation of accreditation by the BLSE shall be pursuant to the following process:
(a)
A notice of intended accreditation revocation shall be mailed to the accredited
organization setting forth the proposed reasons for such action;
(b)
Unless opposed, the action shall be effective 10 days from the receipt of such notice; or,
5
(c)
If opposed, the accredited organization may contest the action by sending a written
request to the BLSE setting forth the reasons review is sought and why such accreditation should
remain intact. Such request shall be accompanied by all relevant evidence supporting the
objections of the accredited organization.
(d)
The BLSE shall consider the request and may hold hearings or investigate further as it
deems appropriate. The ruling by the BLSE shall be final.
3.15 ANNUAL RENEWAL
An accredited organization shall file an annual renewal. Failure to file shall result in revocation
of accreditation. Annual renewals must be submitted in a format prescribed by the BLSE, shall
be accompanied by the required processing fee, and shall include the following items:
(a)
the certification examination that will be administered in the next testing session;
(b)
sufficient documentation to show that the applicant continues to satisfy all requirements
for accreditation set forth in Policy 3.04;
(c)
an explanation of any changes to the applicant’s standards or examination; and
(d)
a complete list of the names and addresses of lawyers who have been certified or
recertified as specialists in each program.
The renewal shall be signed and verified by an authorized representative of the accredited
organization.
3.16 FEES
(a)
The non-refundable application fee for accreditation shall be $1,500. If the organization
is currently accredited by the American Bar Association, the non-refundable application fee shall
be $1,000.
(b)
The non-refundable annual renewal fee shall be $500 for each specialty area. Annual
renewals received late shall be assessed an additional $250.
3.17 DISCLOSURE OF INFORMATION
(a)
Materials submitted by applicant as part of the accreditation process shall be deemed
public information unless otherwise restricted by rule or policy. Examinations shall be kept
confidential.
6
December 2011

Criminal Law Section Executive Council Meeting Hilton Orlando

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