SUMMARY OF ROY SWAFFORD CASE

On February 14, 1982, at approximately 6:15 a.m., Brenda Rucker was abducted from a Fina station in Ormond Beach, Florida. A composite drawing of the assailant who abducted Ms. Rucker was prepared. On February 15, 1982, Ms. Rucker's body was discovered by sheriff's deputies in a wooded area about six and a half miles from the Fina station. Ms. Rucker had been sexually assaulted (both vaginally and anally), burned twice with cigarettes and shot nine times. The bullets passed through her clothing indicated that she was fully clothed at the time she was shot. The most likely fatal shot was "[b]ehind the right ear" where "a faint imprint of the muzzle of a weapon" appeared.

In November of 1985, Mr. Swafford was convicted of murder and sentenced to death (he had a prior robbery conviction and had tried to escape). The case was circumstantial. At 6:00 am. he left the stripper whom he had picked up the night before and headed back to a campsite he shared with his friends. His route would have been taken right past the Fina station at around the time Rucker disappeared. His arrival back at the campsite was around daylight. There was no physical evidence linking Mr. Swafford to the murder other than a .38 found in trash can at the Shingle Shack bar in Daytona Beach which ballistic analysis identified as the murder weapon. However, the testimony linking Mr. Swafford to that .38 was shaky at best. The bouncer from the bar who on February 14th retrieved the gun from a trash in the men’s room could not identify Mr. Swafford as the suspicious man who had gone into the men’s room when the police arrived. On the other hand, a waitress identified Swafford as the man she escorted into the ladies’ room and who she observed place a gun in trash can in the ladies’ room. Mr. Swafford's defense was innocence. Specifically, the defense focused upon the fact that even according to the State, Mr. Swafford could only have committed the murder during an hour to an hour and half period, and this was an insufficient period of time to have raped the victim both vaginally and anally, burned her twice with cigarettes, make sure she was fully clothed, and then shot her nine times.

Mr. Swafford’s trial counsel did not know of the wealth evidence implicating Michael Walsh in the murder, thus the jury never heard this evidence. Walsh had been arrested in Arkansas. Authorities discovered in his possession a BOLO for the Rucker homicide in Daytona Beach. The Arkansas authorities were struck by Mr. Walsh's strong resemblance to the composite drawing contained in the BOLO. Arkansas authorities contacted the Volusia County Sheriff's Office on March 17, 1982. Volusia County deputies in fact "corroborate[d] that, that Mr. Walsh resembled the BOLO". They also determined that Walsh along with Michael Lestz and Walter Levi had been in Daytona Beach on February 14, 1983. Thereafter, there were a series of interviews of Mr. Walsh, and his traveling companions, Mr. Lestz, and Mr. Levi. Mr. Walsh had pistoled whipped Mr. Lestz prior to the two being arrested in March, 1982. After pistol whipping Mr. Lestz, Mr. Walsh took him to a motel where he pointed a gun at Mr. Lestz, burned him with cigarettes and said "he was going to kill me by means of placing a pistol behind my left ear and shooting [sic] my brains out and wanted me to think about that before he did it."

On July 23, 1982, Mr. Walsh was interviewed. "Walsh indicated that he would not related what he was doing or his whereabouts during the period of February 14th through 15th, 1982 stating quote, that he would rather not say, close quote". Walsh was shown photographs of the Rucker homicide at which time he was observed as becoming "extremely upset, disorganized, nervous and unsure of his statements." The report also stated: "WALSH was asked why upon his incarceration he had a copy of the RUCKER homicide suspect's composite in his possession at which time WALSH indicated that he obtained this composite from a Ormand Beach food store and had simply retained it because of a matter of curiosity."

On August 25, 1982, authorities interviewed Walter Levi who indicated that "it was common for him and Mr. Lestz to be left at the laundromat while Mr. Walsh went to purchase drugs." Levi indicated that this was the laundromat located on Granada Boulevard. By a police officer's "own estimate, this was probably a quarter mile or so" from the Fina Station. Levi reported: "on numerous occasions after his arrival back in the Daytona area in 1982, that WALSH drove both he and LESTZ to the area of Granada Boulevard at the laudromat and dropped the two off. LEVI indicated that WALSH would then go to the address of 'B.P.' who lives near the intersection of Granada and Route 1 and purchase narcotics." On February 14, 1982, "LEVI indicated that at approximately 6:00 AM, that LESTZ responded to the hotel room and picked up WALSH stating that the pair had 'something to do'. LEVI stated that LESTZ informed WALSH that he did not wish LEVI to go with them...."

On September 3, 1982, the vehicle Mr. Lestz had possession of on February 14th was searched. The search warrant was supported by an affidavit from Deputy Buscher in which Buscher stated that Brenda Rucker's autopsy "revealed two marks on the body of the victim possibly caused by the application of a lighted cigarette". Buscher revealed that Lestz had stated that Walsh subjected Lestz to homosexual attacks during which "Lestz was burned with a cigarette". Buscher examined Lestz's burns and "noted that these burns on Lestz' body strongly resemble those burns found on the body of Brenda Rucker." On February 14th, Walsh was anxious to sell two .38 caliber handguns. Walsh "then dyed his hair black and forced Lestz to drive him to New Orleans".

After the vehicle search, Captain Burnsed decided to interview Mr. Lestz yet again. In January of 1983, Mr. Lestz abandoned his previous claim of having been locked in a motel room for two days and having a blackout. He reported that between 6:00 a.m. and 10:30 a.m. on the day of the homicide, Walsh left him in a laundromat in Daytona Beach, a block from the Fina station. "LESTZ indicated however that upon WALSH'S [sic] on numerous occasions dropping him off on Granada Boulevard at the laudromat, he would observe WALSH to drive his (Lestz) vehicle west on Granada and make a left turn on US-1 adjacent to the FINA SERVICE STATION at which the victim was abducted." Lestz further indicated that Walsh had on numerous occasions frequented the convenience store near the laundromat and had commented on a particular female clerk working at the convenience store. "LESTZ again reiterated that he felt WALSH was responsible for the homicide of BRENDA RUCKER but again stated that he was not there and that WALSH had not informed him that he killed the victim."

In February of 1997, an evidentiary hearing was held at which Levi and Lestz were called as witnesses and confirmed the facts set forth in the police reports. The matter is now on appeal to the Florida Supreme Court. The case was the subject of an article in the National Journal on July 8, 2000.