SUMMARY OF RUDOLPH HOLTON'S CASE
Mr.
Holton was convicted and sentenced to death based on untruthful
testimony and
undisclosed rewards given to State witnesses for
testimony. The State's
case has fallen apart in postconviction.
There is not a shred of evidence
linking Mr. Holton to Katrina
Graddy's murder. In fact, evidence has
developed which indicates that
an individual named "Pine" actually committed
the murder.
On the evening of June 23, 1986, Katrina Graddy and
her friend Pam
went to Nebraska Avenue in order to buy drugs and turn
tricks. At
around midnight, Katrina entered the car of a black
male. Pam did not
see Katrina again that night. In the early
morning hours of June 24,
1986, Katrina Graddy's body was found in an
abandoned house on Scott
Street. Katrina had been sexually assaulted
and her attacker had set
the house on fire.
In June, 1986,
Rudolph Holton was a drug addict who stole in order to
support his
habit. His record included several convictions for
burglary and drug
possession and his only conviction for violence
occurred when he fought with
another individual over some change in a
dice game. Within twenty-four
hours of the time the police found
Katrina's body, Rudolph Holton was
arrested and charged with
first-degree murder and related charges.
The police took a statement from Johnny Newsome. He
indicated that
he had seen Mr. Holton near the crime scene on the night of
the
murder. Mr. Newsome also said that he saw Mr. Holton with Ms.
Graddy.
Also, on the morning that Katrina's body was found, Carl
Schenck, a
white man who traveled to Tampa with a hitchhiker he picked up
the
night before in St. Petersburg, was asleep in his car across
the
street from the vacant house. Mr. Schenck told the police that
Mr.
Holton resembled the individual he dropped off in the area;
he
identified Mr. Holton by his "shaving bumps" and "frizzy hair".
The
police also obtained a jailhouse informant, Flemnie Birkins,
who
claimed that Mr. Holton confessed the crime to him in jail.
His
testimony did not match any of the evidence presented in the case.
Additionally, Mr. Birkins testified that he received a deal for
the
testimony he provided: He faced a three-and-one-half
to
four-and-one-half year sentence for the crimes for which he
was
charged, but he was going to be sentenced to three years. Thus,
the
jury heard that the jailhouse informant was receiving a six
month
benefit for his testimony.
Flemnie Birkins testified in April of 2001 that he lied at
Mr.
Holton*s trial in order to get prosecutorial consideration in
charges
that were then pending against him. Mr. Birkins now says that
Mr.
Holton never confessed to him. He made up his story entirely.
He
was in fact facing nine to twelve years in prison on his charges.
At
Mr. Birkins* sentencing after Mr. Holton*s trial, the State claims
that
they "erred" when calculating the snitch's sentence. In exchange
for a
three year sentence (ultimately, the State requested that the
sentencing
judge depart from the recommended guidelines because of the
jailhouse
informant's cooperation in the Holton case and the snitch
was sentenced to
five years of probation, the first two years to be
served on community
control, the first year to be served with
specified residence in the
Hillsborough County Jail), Mr. Birkins
provided untruthful testimony against
Mr. Holton.
Johnny Newsome testified in April of 2001 that he lied
at Mr.
Holton*s trial. He said he was afraid that if he didn*t point
the
finger at someone else the police may try to lay the blame on
him.
Carl Schenck testified in April of 2001 that a photograph of
the
individual known as *Pine* more closely resembled the hitchhiker
he
picked up and dropped off in front of the scene of the
murder.
At trial, the State had presented physical evidence
which
purportedly linked Mr. Holton to the crime scene. The existence
of a
cigarette pack with Mr. Holton's fingerprint on it came as no
surprise
due to the fact that Mr. Holton, like many other individuals
entered
the vacant house in order to use drugs.
Finally,
the State presented an FBI agent to testify that three hairs
which were found
on the victim's mouth could have been Mr. Holton's
body hair and that Mr.
Holton could not be excluded from being the
source of the hairs. The
prosecutor, Joe Episcopo, argued in his
closing that the hair could not have
been from the victim.
The hair evidence which the State argued
linked Mr. Holton to the
crime has been analyzed using mitochondrial DNA and
excludes Mr.
Holton as the depositor of the hair. The DNA matched the
victim.
At trial, Mr. Holton presented an alibi. Solodon
Clemmons testified
that on the night of June 23, 1986, Mr. Holton arrived at
his rooming
house around 10:00 p.m. and went to bed. Mr. Clemmons told
the jury
that Mr. Holton did not leave during the night and was in bed at
6:00
a.m. the next morning.
Also, Mr. Holton's trial
attorney wanted to present the testimony of
the victim's friend, Pam.
Even though Pam was properly subpoenaed to
testify, she failed to appear at
the trial. Mr. Holton's trial
attorney requested a continuance so that
she could secure Pam's
presence, but the trial judge denied the
request. The judge allowed
the jury to hear part of Pam's deposition --
but only the part about
Katrina's departing with a man, who was not Mr.
Holton, and never
returning. Pam also had knowledge and testified in
her deposition
about a rape that occurred in the vacant house about a week
before the
murder. Katrina identified "Pine", a drug dealer from
the
neighborhood, as the rapist.
In April of 2001, Mr.
Holton presented a police report that was not
disclosed to him until March of
2001. This report reflected a Katrina
Grant with Katrina Graddy*s
birthdate, living at Katrina Graddy*s
address had in fact reported that she
had been raped by an individual
she knew as *Pine* on June 13, 1986.
The police determined who *Pine*
was and arrested him. He gave a false
name, Donald Smith. His real
name was David Pierson. Two
complaints were filled out by the police:
one for rape and one for
obstruction by giving a false name. However,
Katrina decided to not
prosecute and the charges were dropped.
In April of 2001, Donald
Smith testified that about ten days before
her death, Katrina Graddy came to
him and told him that *Pine* had
given his name to the police when he was
arrested for raping her.
They went to confront *Pine* together. A
nasty argument occurred and
*Pine* made threats toward Katrina. The day
of the homicide, Mr.
Smith noticed the house where the body was found was on
fire. As he
headed in that direction, he saw *Pine* who told him
someone had
strangled Katrina. When Mr. Smith got to the house, he
asked the
police who had strangled Katrina. He was immediately
questioned about
this because no one at the time should have known that there
was a
woman strangled inside the burning house. Mr. Smith did not
disclose
the basis for his knowledge, although his name and address were
taken
for follow up. An undisclosed police report confirms this
occurrence.
Mr. Smith further confirms that several months later he
had a
conversation with *Pine* who confessed that he had killed
Katrina.
The trial prosecutor, Joe Episcopo, has been quoted in a
newspaper
story after the evidentiary hearing expressing his view that in
light
of the new evidence a new trial should be granted and the
charges
dropped.