FLORIDA
COMMISSION ON CAPITAL, CASES
Case Histories
A Review of 23 Individuals Released from Death Row
Locke Burt, Chairman
June 20,2002
Table of Contents
Page #
Commission on Capital Cases - Commission Members
Commission on Capital Cases - Commission History
Project Introduction
Project Statistics
Case Histories - Quick Reference
Case Histories
Anthony Brown
Joseph Brown
Willie Brown & Larry Troy
Robert Cox
Andrew Golden
Joseph Green
Robert Hayes
Sonia Jacobs
Anibal Jaramillo
William Jent & Ernest Miller
Dave Keaton
Wilbert Lee & Freddie Pitts
Joaquin Martinez
Ernest Miller & William Jent
Anthony Peek
Freddie Pitts & Wilbert Lee
Juan Ramos
James Richardson
Bradley Scott
Frank Lee Smith
Joseph Spaziano
Larry Troy & Willie Brown
Delbert Tibbs
Cases ofhnocence, DPIC, Case Summaries
Appendix
COMMISSION ON CAPITAL CASES
402 S. Monroe Street
Tallahassee, FL 323 99- 13 00
Phone: (850) 921-4704 + SC: 291-4704 +Fax: (850) 921-4737
E-mail: Comm.CanitalCases@Jeg.state.fl.us
Honorable Locke Burt - Chair
State Senator, District 16
140 S. Atlantic Ave., Suite 201
Ormond Beach, FL 32176 386/673-7299
Honorable Charles E. Miner, Jr. - Vice Chair
Judge, First District Court of Appeal
301 Martin Luther King Jr. Blvd.
Tallahassee, FL 32399-1850 850/487-1000
Honorable Walter "Skip" Campbell
State Senator, District 33
10094 McNab Road
Tamarac, FL 33321 9541346-2813
Honorable Sally A. Heyman
State Representative, District 105
1100 NE 163 Street, Ste. 303
North Miami Beach, FL 33162 305/919-1888
Honorable Randy Ball
State Representative, District 29
400 South Street, Suite 1-C
Titusville, FL 32780 321/383-5151
Commission Staff:
Roger Maas, Executive Director -- maas.roger@leg.state.fl.us
Wendy Schulte, Research Staff Supervisor
Research Assistants:
James Ledbetter, B.A., M.A., Ph.D. Student
Nicole Prior, B.S., M.A., Ph.D. Student
Emily Wray, B.S., B.A.
COMMISSION ON CAPITAL CASES
History
The Commission on Capital Cases was statutorily created in 1997. Chapter 27.709,
Florida Statutes, provides that the commission "shall review the administration of justice
in capital collateral cases, receive relevant public input, review the operation of the
Capital Collateral Regional Counsel offices (CCRC), and advise and make
recommendations to the Governor, Legislature, and the Supreme Court."
In 1996, the McDonald Commission recommended the transformation of the office of
Capital Collateral Representative (CCR), which represented inmates in capital collateral
appeals, into three separate offices that were divided by region. The three collateral
appellate offices became known as the Capital Collateral Regional Counsel (CCRC).
Following another recommendation of the McDonald Commission, the Commission on
Capital Cases was established to oversee the offices of the Capital Collateral Regional
Counsel, as well as to create and oversee a registry of attorneys designed to handle the
overflow of cases from the Capital Collateral Regional Counsel offices.
Roger Maas, the commissions executive director, was appointed by the late Governor
Chiles to be the interim Capital Collateral Representative director and was charged with
the overseeing of the transition into the three offices of the Capital Collateral Regional
Counsel.
The Commission on Capital Cases is comprised of diverse members recognized as being
knowledgeable in criminal justice issues and experts in their respective fields. As a result
of their leadership, Florida has one of the most comprehensive and well-funded collateral
representations in the United States.
Project Introduction
In response to the increased scrutiny of Floridas capital cases; specifically, a recent study
claiming that Florida has the highest rate of death row releases, the commission has
researched in-depth the 23 cited cases where individuals have been released from death row.
Of these 23 inmates, none were found "innocent," even when acquitted, because no such
verdict exists. A defendant is found guilty or not guilty, never innocent. The guilt of only
four defendants, however, was ever truly doubted: Freddie Lee Pitts and Wilbert Lee were
pardoned by Governor Askew and the Cabinet, citing substantial doubt of their guilt, Frank
Lee Smith died before the results of DNA testing excluded him as the perpetrator of the
sexual assault, and the State chose not to retry James Richardson due to newly discovered
evidence and the suspicion of another perpetrator. An analysis of the remaining 19 inmates
can be divided into three categories that account for their releases: (1) six cases were
remanded due to evidence issues, (2) an additional seven were remanded in light of witness
issues, and (3) the remaining six were remanded as a result of issues involving court officials.
Further examination of all 23 inmates yielded various case dispositions. Eight of the 23 had
their cases either dropped, nolle prossed, or dismissed by the State. The reasons as to why the
State chose not to pursue the cases are as followed: witness recantation, the wish not to
subject witnesses to further trials, the death of witnesses, and lost or missing evidence. Ten
inmates were either acquitted at retrial or their cases were remanded for an acquittal. Of the
remaining, two pled to a lesser charge, one died in custody, and the Governor and Cabinet
) pardoned the remaining two.
Additional examination reveals the following facts:
l Three confessed to the initial charges of murder (Keaton, Lee and Pitts)
l Four pled to a lesser offense (Jacobs, Jent, Miller and Spaziano)
l Six were found not guilty at the retrial (Brown, A., Green, Hayes, Martinez, Peek
and Ramos)
l Three were found guilty at the retrial (Lee, Peek, and Pitts)
l Thirteen had criminal records prior to their arrest for murder2 (Brown, A., Brown,
W., Cox, Green, Hayes, Jacobs, Jaramillo, Keaton, Lee, Scott, Smith, Spaziano and
Troy)
l Six inmates have committed 20 felonies (F) since their release3 (Brown, A. (lF),
Brown, W. (1 lF), Cox (lF), Golden (3F), Green (2F) and Jaramillo (2F))
l Seven are currently incarcerated (Brown, A., Brown, W., Cox, Golden, Peek,
Spaziano and Troy)
l Two cases were not retried because of missing evidence (Jent and Miller)
l Two cases were dropped when an inmate/witness recanted their previous testimony
(Brown, W. atid Troy)
l Three cases were reversed due to insufficient evidence (Cox, Golden and Jaramillo)
l No case has had a subsequent suspect arrested and convicted
Anthony Peek was found guilty at his first retrial, and not guilty at the second retrial.
This information does not include the criminal histories of seven inmates: Joseph Brown, Andrew Golden, William Jent, Joaquin
Martinez, Ernest Miller, Juan Ramos and James Richardson.
This infonnation does not include the criminal histories of six inmates: Joseph Brown, William Jent, Joaquin Martinez, Ernest Miller, Juan
Ramos and James Richardson. It does not reflect a full criminal history for Robert Cox and Andrew Golden
Project Statistics
Reasons for Release
Evidence issues
Newly discovered evidence*
Problems with evidence
Case based on circumstantial evidence
Witness issues
Witness Credibility
Recanted Testimony
Inability to cross-examine
Prejudicial testimony
Issues with Court Officials
Ineffective assistance of counsel
Discovery violation
Comments made by judge
Substantial delay in indictment
Doubt about guilt
Which Court remanded the Case
FSC
USDC
USCA
cc
Florida Governor
Appeal Granted
Direct Appeal
3.850 Motion
Habeas Appeal
Pardon
Habeas
Case Disposition
Dropped, dismissed, nolle prossed by the State
Acquitted at the retrial
Remanded for acquittal
Pled to a lesser charge
Pardoned by Governor
Died in Custody
Date of Offense
Since 1985
Since 1995
(6/23)
(l/23)
(2/23)
(3/23)
(7/23)
(2/23)
(l/23)
(l/23)
(3/23)
(6/23)
(2/23)
(2/23)
(l/23)
(l/23)
(4/23)
(14/23)
(3123)
(l/23)
(3123)
(2/23)
(15/23)
(3123)
(l/23)
(2123)
(2/23)
(8/23)
(6/23)
(4/23)
(2/23)
(2/23)
(l/23)
(6123)
(l/23)
Percentage
30.4%
30.4%
26.1%
13%
61%
13%
4%
13%
9%
65%
13%
4%
9%
9%
35%
26%
17%
9%
9%
4%
26%
4%
* Includes Frank Lee Smith who was excluded, posthumously, as the perpetrator of the sexual assault
through DNA evidence.
5
Date of
Jame Sentence Factors Leading to Release Current Status
irown, Anthony 07/27/1983 FSC found that the States failure to notify 09/17/90 - Received a 30-year sentence fo
Brown of pretrial deposition was reversible Aggravated Battery with a Deadly
error. On retrial, Brown was acquitted due Weapon. He also received a charge of
to witness recantation. Introducing a Controlled Substance into a
Detention Facility for which he received
an additional three years on 06/18/96.
trown, Joseph 07/03/1974 Conviction reversed by Federal Court There is no information available as to
because, contrary to the co-defendants Joseph Browns criminal history
testimony, he had received immunity in subsequent to his release.
exchange for his testimony against Brown,
and the state did not correct the false
testimony.
irown, Willie A. 07/19/1983 FSC found that the failure to conduct a Brown sentenced to life for multiple
key, Larry Richardson hearing for an alleged discovery crimes committed in 1999. Troy
violation was reversible error. The State sentenced to 12 years imprisonment for a
dropped the charges when a key witness 1991 Cocaine Sale conviction and was
recanted. arrested on 02/O l/O2 for Smuggling
Contraband and Cocaine Possession.
Iox, Robert 10/06/1988 FSC reversed on Direct Appeal, finding Prior to the indictment on the Florida case,
that evidence was insufficient to support Cox was serving two nine-year sentences
conviction. for kidnapping and assault. After his
release from prison in Florida, he was
arrested in 1995 for holding a gun on a 12.
year-old girl in Decatur, Texas. He is
presently serving a life sentence for that
robbery.
iolden, Andrew 11/15/l 99 1 FSC reversed on Direct Appeal, finding the Andrew Golden is presently serving a
evidence was insufficient to establish guilt fifteen-year sentence in Texas for three
beyond a reasonable doubt. separate cases of Indecency with a Child.
ireen, Joseph 1 l/30/1993 FSC reversed and ordered a new trial due to After acquittal, Green was sentenced to
tahume a bad search warrant and improper cross- two one-year terms for two cocaine
examination of a defense witness by the possession charges that occurred in 2000.
State. Acquitted by the judge at the retrial. He was released from prison on 1 l/05/01.
There is no information available as to
Greens criminal history subsequent to his
release.
Iayes, Robert 06/05/1992 Conviction reversed due to a Williams Rule According to NCIC, Robert Hayes has
violation and due to the admittance DNA had no arrests subsequent to his release.
evidence that had not met the m
Standard. Hayes was acquitted on retrial.
acobs, Sonia 08/20/1976 FSC affirmed the conviction but reduced Sonia Jacobs is presently living in Ireland
Jacobs sentence to life, finding the jury and, according to NCIC, has not had any
recommendation of life reasonable. In a arrests subsequent to her release.
Habeas review, the 1 lth Circuit Court of
Appeals remanded for a new trial after
finding Brady and Miranda violations.
NCIC - National Crime Information Center
6
Jaramillo, Anibal 04/08/198 1 FSC reversed because the States evidence Anibal Jaramillo was deported to
was not inconsistent with Jaramillos Colombia subsequent to his release and
reasonable hypothesis of innocence. was murdered there.
Jent, William 01/30/1980 After Federal District Court remanded for a There is no information available as to Jer
Miller, Ernest new trial based on a Brady violation, Jent or Millers criminal history subsequent to
and Miller were allowed to go free on time their release.
served in exchange for guilty pleas to
Second-Degree Murder.
Keaton, David 05/l l/1971 Sentence under pre-Furman statute Subsequent to his release, Keaton was
automatically reduced to life by USSC. arrested on a DUI charge. NCIC does not
Upon review of the life sentence, the FSC show any other arrests.
reversed based on claim of newly
discovered evidence.
Martinez, Joaquin 05/21/1997 FSC reversed and ordered a new trial due to There is no information available as to
improper comments by a State witness as to Martinezs criminal history subsequent to
the guilt of Martinez. Martinez was his release.
acquitted at retrial.
Peek, Anthony 05/02/1978 FSC reversed the case after fmding that it Peek is currently incarcerated in Florida,
was error to admit evidence of a collateral serving a life sentence for Sexual Battery.
rape. Peek was acquitted after a new trial.
Lee, Wilbert Pit&, 08/28/1963 Sentences reduced to life by Furman. First According to NCIC reports, neither Pins
Freddie conviction was remanded for new trial after nor Lee have had any subsequent arrests.
another man confessed to the murders.
During retrial, the confession was ruled
inadmissible and Pitts and Lee were
convicted again. They were pardoned in
1975.
Ramos, Juan 03/10/1983 FSC reversed and remanded for new trial There is no information available as to
due to scientifically unreliable evidence Ramos criminal history subsequent to his
admitted at trial. Acquitted by jury at acquittal.
second trial.
Richardson, James 0513 l/1968 Richardsons conviction and life sentence There was no available information
were reversed on post conviction on a regarding Richardsons arrest history
newly discovered evidence claim. He was subsequent to release.
not retried.
Scott, Bradley 02/08/1988 Due to the 7-year delay before an
indictment was issued, FSC reversed,
noting that prejudice was established
because evidence did not rebut every
reasonable hypothesis of innocence.
According to NCIC, Bradley Scott has hat
no arrests subsequent to release.
Smith, Frank Lee 04/14/1985 After his death, Smith was excluded as the Died in custody.
perpetrator of the sexual assault, through
the use of DNA evidence.
Spaziano, Joseph 07/16/1976 Based on the recantation of testimony by a Spaziano is currently serving a 23-year
primary witness, Spaziano entered a plea of sentence for the Second-Degree Murder.
no contest to Second-Degree Murder. He is also serving a life sentence for
Sexual Battery and five years for
Aggravated Battery.
Tibbs, Delbert 0312411975 FSC reversed for new trial because the According to NCIC, Delbert Tibbs has hat
conviction rested solely on identification by no arrests subsequent to release.
the victim. The State later dropped the
charges.
The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verijiedprior to use for legal or statistical
purposes.
BROWN, Anthony S. (B/M)
DC# 838162
DOB: 03/28/56
First Judicial Circuit, Escambia County, Case #82-5992
Sentencing Judge: The Honorable Joseph Q. Tarbuck
Trial Attorney: Robert A. Dennis, Jr., Private
Attorney, Direct Appeal: Michael Minerva, Assistant Public Defender
Date of Offense: 12121182
Date of Sentence: 07127183
Circumstances of the Offense:
Evidence collected by the police indicated that the Veterans Gas Company received a
phone call from an individual who identified herself as Annie Rivers at 3:30 p.m. on
12/2 l/82. The female requested that the minimum amount of gas be delivered to 3905
Pine Forest Road. Five minutes later, the same individual called back questioning where
the gas was. The order was relayed, via the dispatcher, to deliveryman James Dassinger,
the victim. Dassinger never returned from his route and the gas company called the police
and reported him missing around 6:00 p.m. that night.
Deputy Schultz went to the neighborhood and stopped at a house to inquire about the
location of the address of the gas request. Wydell Rogers, who was visiting a friend,
answered the door at this house. He admitted that the address in question was his, but he
denied any knowledge of the gas request. Deputy Schultz then went to Rogers residence
(the address of the gas request) and found the gas truck and the body of James Dassinger.
There was no wallet found on the body. There was a large wound under the armpit. A pad
was found in the truck with a list of names; Annie Rivers was the last name on the list.
Two 410-shotgun shells were found at the scene. Two shoeprints that resembled tennis-
shoe prints were found about 150 feet southeast fi-om the house. An employee from the
Veterans Gas Company identified the body and indicated that no gas had been delivered
to the house and that approximately $225.00 was missing.
During the inspection of the scene, Anthony Brown appeared at the address. Blood
spatters had been found in the truck, and Brown had a small spot of blood on the watch
that he was wearing. The watch was taken into evidence, and Brown was asked to go to
the station for questioning. There he was advised of his rights and signed a waiver. In his
statement, Brown declared that he was a friend of Rogers and had stopped by for a visit
and that he was at a pool hall in Atmore, Alabama, earlier in the day. In a later statement,
Brown indicated that he had been with Rogers earlier that day and had left to buy drugs at
Brown, A. 2
the pool hall and then had returned. Brown had a fresh track mark on his arm, possibly
from an infection. Rogers was questioned on 12/21/89 and 12/22/89. He did not show up
for further questioning on 12/26-28/89. On 12/29/89, authorities found an unserved
warrant for Grand Theft on Rogers. He was spotted by an officer and promptly taken to
the police station. During the questioning, Rogers stated that he knew who was involved
in the robbery and the killing and named Brown and Ulysses Robinson. During the initial
stage of the interrogation, Rogers did not implicate himself, but later on testified and
admitted to participating in the robbery conspiracy.
Rogers testified that he stated that he arrived at the Oaks Tavern around 1:30 p.m. and
was sitting in his car in the parking lot with David Davis, Brown approached the car and
asked Rogers to get out of the car. Brown detailed his idea for the crime to Rogers, and
Rogers stated that he would go along with it. Rogers statements led to the conclusion
that it was Browns idea to commit the robbery. Brown got into the car and the three men
drove to Browns mothers house to get a change of clothes. They drove to the Jr. Food
Store, where Brown and Rogers used the phone. Brown called information and got the
number to Veterans Gas Company. He then used Rogers girlfriends name, and called
the gas company and ordered 50 gallons of gas in a female voice. The three men drove to
Rogers house and got a 410-shotgun and some shells that were under the house. Brown
loaded the gun and stayed at the house. The plan was for him to hide in the bushes and
wait for the deliveryman. Rogers drove to the gas station down the street and waited until
he saw the gas truck. He then went to pick up Brown after the allotted five minutes.
Brown was not at the designated spot. Rogers then drove back toward the gas station and
saw Brown standing on the side of the road. Brown did not have the shotgun. Rogers
picked Brown up, and Brown stated that he had killed the deliveryman. Brown had a
wallet and a check. When Brown got out of the car he placed $50 over the visor and
stated it was in case anyone inquired as to whether Rogers could pay for the gas.
At the trial, Brown testified to a different sequence of events. He had been home until
approximately 1:30 p.m. on 12/21/89. He then drove to Oaks Tavern and saw Rogers.
Next, he bought a six-pack of beer and took it to the tavern and drank it. At
approximately 3:30 p.m., Brown asked Rogers to take him home. He then walked back to
the tavern around 4:30 p.m. Brown and two other individuals then went to Atmore; they
bought gas and dope. Brown returned to the Oaks Tavern and then proceeded to Rogers
house to give him some pills. Brown stated that he did not know where the blood on his
watch came from. Brown also testified that Rogers had pulled a sawed-off shotgun on
him several months earlier.
Fingerprints found in the truck did not match Rogers or Browns. Davis was never
fingerprinted; thus his fingerprints were never compared to the fingerprints found inside
the truck. Two of the charges against Rogers were nolle prossed because of insufficient
evidence and information. The pathologist testified that the cause of death was a gunshot
from close range - within an inch. The death was almost instantaneous because of the
massive bleeding.
Brown, A. 3
prr4 Additional Information:
In 1974, Brown was arrested for Aggravated Assault twice and given one year and five-
years probation. In 197.5, he was arrested for Breaking and Entering; the charges were
nolle prossed. In 1980, Brown was arrested for Aggravated Assault and Battery and
Burglary and was given a one-year suspended sentence and one year of probation. In
January of 1983, while out on bail from the murder charge, Brown was arrested for
Possession of a Firearm by a Convicted Felon; the charges were dismissed.
Codefendant Information:
Wydell Rogers entered a plea bargain and pled guilty to a charge of Second-Degree
Murder and Robbery with a Firearm in exchange for his testimony against Brown. Rogers
received a life sentence for the murder and 15 years for the robbery.
During Browns retrial, Rogers recanted his testimony. He received three counts of
perjury and was sentenced to five years for each. Rogers is currently incarnated at
Wakulla C.I.
Trial Summary:
01/l l/83 Defendant indicted on the following charges:
1 Count I: First-Degree Murder
Count II: Armed Robbery
Count III: Possession of a Firearm by a Convicted Felon
07/l 5183 The defendant was found guilty of the following:
Count I: First-Degree Murder
Count II: Armed Robbery
07/l 5183 A majority of the jury recommended that the defendant receive a life
sentence.
07/27/83 The defendant was sentenced as follows:
Count I: First-Degree Murder - death
Count II: Armed Robbery - no separate sentence imposed
09/01/83 The defendant nolle prossed for count III
Retrial Information:
09/27/85 Motion for retrial filed
02/l O/86 Jury trial held
02114186 Defendant acquitted
Brown, A. 4
Appeal Summary:
Florida State Supreme Court, Direct Appeal
FSC# 64,247
471 So. 2d 6
09116183
05/02/85
07/l l/85
08/20/85
Appeal filed
FSC reversed the conviction and sentence and remanded the case for a
new trial.
Rehearing denied
Mandate issued
Case Information:
Brown filed a Direct Appeal with the Florida Supreme Court on 09/l 6/83. The main issue
raised in the appeal was that, prior to trial, the State held a deposition, without Brown
present, of a deputy sheriff, who would be unavailable at trial. The Florida Supreme
Court found the States failure to follow Rule 3.190 created the fundamental error of not
allowing Brown to confront and cross-examine the witnesses testifying against him. The
Court ruled that this error was not correctable and, therefore, vacated Browns sentence
and conviction on 05/02/85. The case was remanded to the circuit court for a new trial.
The rehearing was denied on 07/l l/85, and the mandate was issued on 08/20/85.
On 09/27/85, a motion for retrial was entered into the circuit court. A notice of trial was
issued on 10/09/85. On 02/10/86, the jury trial was held and on 02/14/86, Brown was
acquitted on the charges of First-Degree Murder and Armed Robbery. The main reason
for Browns acquittal was that Wydell Rogers recanted his testimony.
Prosecution Statement/Law Enforcement:
05/23/02 Judge Novotney, the state attorney who tried Brown, had retired at the
time of this summary. She was traveling and unable to be reached for
comment.
04/08/02
05/23/02
Letter sent requesting comment to Escambia County Sheriffs Department.
Information requested via telephone call to Escambia County Sheriffs
Department. No information has been received as of 05/28/02.
Defense Statements:
04/08/02
05123102
Letter sent requesting comment to Mr. Robert A. Dennis, Jr.
Telephone call placed to Mr. Dennis who indicated that he would e-mail
his comment. No comment had been received as of 05/28/02.
Brown, A. 5
Current Status:
In August 1987, Brown was arrested for Armed Robbery, Possession of a Firearm in the
Commission of a Felony, Aggravated Assault, and Larceny; the charges were dismissed.
In September 1987, Brown was arrested for robbery and again the charges were
dismissed. Brown is currently serving a 30-year sentence for Aggravated Battery with a
Deadly Weapon. The offense occurred on 02/20/90, and Brown was sentenced on
09/l 7/90. He also received a charge of Introducing a Controlled Substance into a
Detention Facility for which he received an additional three years on 06/l 8/96.
02/27/02 NMP
,f-
The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verified prior to use for legal or statistical
purposes.
BROWN, Joseph Green (B/M)
DC # 042546
DOB: 1 O/02/50
Thirteenth Judicial Circuit, Hillsborough County, Case # 73-2 180
Sentencing Judge: The Honorable Robert W. Rawlins, Jr.
Attorney, Criminal Trial: J. Michael Shea, Esq.
Attorney, Direct Appeal: J. Michael Shea, Esq.
Date of Offense: 07/07/73
Date of Sentence: 07/03/74
Circumstances of Offense:
Joseph Green Brown was convicted and sentenced to death for the 07/07/73 rape and
murder of Earlene Evans Barksdale.
Ronald Floyd revealed the relevant facts of this case at trial. Floyd was with Joseph
Brown prior to the crime and immediately afterwards. Floyd testified that on 07/07/73,
he, Brown, and a third man, known as "Poochie," drove to the store where the murder
would take place. Floyd, reportedly unaware of his companions intentions, waited in the
car while Brown and Poochie entered the store. Floyd noted, however, that prior to
entering the clothing store, Brown had what appeared to be a gun under his shirt. After
waiting about 15 minutes, Floyd exited the car and walked over to the entrance of the
store. Floyd recalled hearing a gunshot, after which he immediately entered the store.
Inside the store, Floyd peered over the counter and saw the body of Earlene Evans
Barksdale lying close to a rear storage room. Brown, Floyd and Poochie fled the scene
and, while speeding away, Poochie exclaimed to Brown, "Man, you didnt have to do
that." Barksdales body was found at 9:30 p.m. that evening. She had been raped and
shot to death.
The same night of the Barksdale murder, Brown and Floyd robbed a couple at a motel
and Brown sexually assaulted the woman (CC # 73-1338). Brown turned himself in to
authorities the following day and implicated Floyd in the motel robbery and sexual
assault. He and Floyd were arrested, and the man known as "Poochie" was never located.
Brown alerted police to the location of the gun used in the motel robbery, which belonged
to a man named Raymond Vinson. Vinsons car was also used in the robbery, and he
charged as an accomplice in the crime. Vinsons gun, the one used in the motel robbery,
was also introduced as the alleged murder weapon in the Barksdale case.
Brown, J. 2
Joseph Browns convictions for the rape, robbery and murder of Earlene Barksdale were
based primarily on the testimony of Ronald Floyd. At trial, Floyd recalled that the day
following the murder, he, Brown, and Raymond Vinson heard a radio broadcast about the
Barksdale murder. Floyd claimed he stated something to the effect of "People will do
anything these days" to which Brown replied, "Yes, she should have never done what she
did." The testimony of Vinson corroborated that such a conversation did, in fact, take
place. Floyd testified that he later confronted Brown directly, asking him if he killed
Barksdale. Brown reportedly answered yes and then made some lewd comment
indicating that he had had sex with her.
There was no fingerprint evidence linking Brown to the Barksdale murder, and the only
physical evidence implicating Brown was Vinsons gun. State ballistic reports could not
prove, however, that the bullet that killed Barksdale came from Vinsons gun.
Trial Summary:
f--.
11 IO7173
06128174
07/01/74
07/03/74
Defendant indicted on the following:
Count I: First-Degree Murder
Count II: Rape
Count III: Robbery
The jury found the defendant guilty on all counts.
Upon advisory sentencing, the jury recommended, by a majority vote, that
the defendant be sentenced to death.
The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: Rape - Life
Count III: Robbery - Life
Appellate Summary:
Florida Supreme Court, Direct Appeal
FSC # 46,925
381 So. 2d 690 (Fla. 1980)
02/l 8175 Appeal filed.
01/31/80 FSC affirmed the convictions and sentence.
04/21/80 Rehearing denied.
Florida Supreme Court, Petition for Writ of Habeas Corpus
FSC # 59,732
392 So. 2d 1327 (Fla. 1981)
09/29/80 Petition filed.
01/15/81 Petition denied.
Brown, J. 3
United States Supreme Court, Petition for Writ of Certiorari
USSC # 80-5708
449 U.S. 1118; 101 S. Ct. 931; 66 L. Ed. 2d 847 (U.S. 1981)
12/17/80 Petition filed.
01/19/81 Petition denied.
United States Supreme Court, Petition for Writ of Certiorari
USSC # 80-6434
454 U.S. 1000; 102 S. Ct. 542; 70 L. Ed. 2d 407 (U.S. 1981)
04/03/8 1
11 I0218 1
Petition filed.
Petition denied.
State Circuit Court, Motion to Vacate Judgment and Sentence (3.850)
CC # 73-2180
05/l 8183
1 O/04/83
Motion filed.
Motion denied.
Florida Supreme Court, 3.850 Appeal & Petition for Writ of Error Coram Nobis
FSC # 64,348
439 So. 2d 872 (Fla. 1983)
1 O/07/83
10/12/83
Appeal filed.
Denial affirmed.
United States District Court, Middle District, Petition for Writ of Habeas Corpus
USDC # 83-1287-Civ-T-10
1 O/14/83
03/06/85
Petition filed.
Petition denied.
United States Court of Appeals for the llfh Circuit, Habeas Appeal
USCA # 85-32 17
785 F.2d 1457 (U.S. 1986)
03126185
03/l 7186
Appeal filed.
USCA reversed the denial reached by the USDC, ordering the Habeas to
be issued.
Brown, J. 4
r--
Warrants
09123183
1 O/27/83
Death warrant signed by Governor Bob Graham.
Stay of execution granted by the United States District Court, Middle
District.
Clemency
10/12/82 Clemency hearing held (denied).
Case Information:
While on Direct Appeal to the Florida Supreme Court, questions arose concerning the
veracity of Ronald Floyds testimony that he was not given an immunity agreement by
the State in exchange for his testimony against Brown. While in prison on a completely
separate robbery conviction, Floyd gave Browns defense counsel an affidavit in which
he recanted his trial testimony and noted that the State offered "favorable consideration"
in the motel robbery and in the Barksdale murder in exchange for his testimony against
Brown. The Florida Supreme Court remanded to the trial court for an evidentiary hearing
on the issues raised in Floyds affidavit. At the hearing, Floyd reaffirmed his trial
testimony and the court denied Browns motion for a new trial. While still on Direct
Appeal, the Florida Supreme Court remanded the case for a second time for an
1 evidentiary hearing based on an alleged Bvady violation. Brown contended that the State
had statements made by Floyd to his counsel that should have been furnished to the
defense before trial. The trial court again denied Browns motion for a new trial, stating
that Browns defense received everything it was entitled to. The Florida Supreme Court
noted that Floyds testimony at the 1975 evidentiary hearing claiming that he had not
entered into an immunity agreement with the State matched his trial testimony, regardless
of what he stated in the affidavit. As such, the Florida Supreme Court affirmed his
convictions and sentence on 01 I3 l/80.
Brown next filed a Petition for Writ of Certiorari in the United States Supreme Court,
which was denied on 01/19/81.
Brown additionally filed a Petition for Writ of Habeas Corpus, essentially claiming a
Gardner viohtion2, which was denied on 01/15/81. He then filed a Petition for Writ of
Certiorari in the United States Supreme Court, which was denied on 1 l/02/8 1.
Brown subsequently filed a Motion to Vacate Judgment and Sentence (3.850) in the State
Circuit Court. Brown alleged ineffective assistance of counsel during the guilt and
penalty phases of his criminal trial. Following an evidentiary hearing on the issue, the
State Circuit Court denied all relief. Brown filed an appeal of that decision in the Florida
Supreme Court, which affirmed the denial on 10/12/83. Brown concurrently filed a
Brad violation - an error committed when the State fails to disclose exculpatory evidence to the defense
2 Gardner violation - a sentencing error committed when the trial judge considers information unknown to
the defendant or his counsel when imposing the death penalty.
Brown, J. 5
Petition for Writ qf Error Covam Nobis3. Brown obtained avideotape deposition of
Ronald Floyds recanted testimony. In the video, Floyd outlined his motivation for
testifying against Brown, primarily his fear that the State Attorneys Office would
prosecute him for the same crimes that Brown was charged with. Floyd stated, that in
exhange for his testimony against Brown, he was promised that he would not be charged
with murder and would receive "favorable consideration" in another criminal case.
Brown presented this new evidence as the basis for his Petition for Writ of Error Coram
Nobis. He argued that, had this information been known to the trial court, "it
conclusively would have prevented entry of the judgment." Having examined the issue
of Floyds recantation in a previous evidentiary hearing, the Florida Supreme Court noted
that Floyd reaffirmed his trial testimony. Brown claimed that Floyds retraction was
caused by fear of prosecution for perjury. Since his counsel failed to object to the issue
during the hearing and did not raise the issue on appeal, the Florida Supreme Court
opined that Brown did not have credible grounds for his Petition for Writ of Error Coram
Nobis.
,-,
Brown next filed a Petition for Writ of Habeas Corpus in the United States District Court,
Middle District. In that petition, he asserted that the State knowingly presented false
evidence to the jury when they failed to disclose that Ronald Floyd had, in fact, received
"favorable consideration" for his crimes and allowed him to testify to the contrary. The
District Court recognized that a deal had been made between Floyd and the State, as
evident in proffered testimony given by the State; however, the court held that Brown
was not entitled to the writ because he had failed to show that Floyds false testimony
was "material" to his conviction. The high court denied Browns Petition for Writ of
Habeas Corpus on 03/06/85. Brown filed an appeal of that decision in the United States
Court of Appeals for the Eleventh Circuit on 03126185. The Court of Appeals also
acknowledged that a deal had been made between Floyd and the State and decided to
further examine the issue of materiality. In Giglio v. U.S., the Supreme Court held, that
in a case where the State knowingly introduces false evidence that "[a] new trial is
required if the false testimony could . . . in any reasonable likelihood have affected the
judgment of the jury. . . ." In noting that the prosecution presented Floyds false
testimony that he did NOT receive a deal from the State, the Court of Appeals
commented, "The government has a duty not to exploit false testimony by prosecutorial
argument affirmatively urging to the jury the truth of what it knows to be false." The
Court of Appeals ruled that the knowledge that Floyd had been given a plea arrangement
in exchange for his testimony against Brown would have affected his credibility as a
witness and would have undoubtedly been "material" to Browns conviction. Floyds
testimony was material in that it was the only evidence that Brown admitted to killing
and raping Barksdale and was the only evidence that placed him at the scene. As such,
the United States Court of Appeals for the Eleventh Circuit reversed the order of the
District Court and ordered that Browns Petition for Writ of Habeas Corpus be granted.
Browns convictions and sentence were overturned on 1 O/06/86, and charges against him
were nolle prossed. He was released from jail on 03/05/87.
./--"- 3 Writ of Error Coram Nobis - A writ of error directed to a court for a review of its own judgment and
alleged on an error of fact.
Brown, J. 6
.f--- Law Enforcement/ Prosecution Statements:
A letter requesting comment was sent to the Hillsborough County Sheriffs Department
on 05/01/02. That request was forwarded to the Tampa Police Department on 05/09/02.
The Tampa Police Department responded by mailing a copy of the case file.
Henry Lavandera, who handled the Brown case solely during post-conviction
proceedings as an Assistant State Attorney, issued the following statement on the States
decision to nolle prosse the case:
I did not nolle prosse the case against Mr. Brown because I felt he was
innocent, I nolle prossed it because I could not prove beyond and to the
exclusion of every reasonable doubt that he was guilty.
The Eleventh Circuits opinion provides an excellent recitation of the facts
of the case and the legal issues involved. Of note is the fact that one of the
reasons argued by Mr. Brown for reversal was that there was insufficient
evidence of his guilt. However, as stated on page 1467 of the opinion, Mr.
Brown abandoned that issue and did not raise it on appeal. That is
tantamount to an admission that there was sufficient evidence. Of note as
well, is the fact that the Court did not reverse and discharge the case, but
rather the Court remanded the case with instructions that the writ be issued
"subject to the right of the state to retry Brown." As stated in the opinion,
the case centered almost entirely around the testimony of Mr. Floyd. There
were no fingerprints or any other trace evidence. There was no firearms
identification evidence as to the weapon involved, and there were no eye
witnesses unless Mr. Floyds trial testimony were to be believed. From the
time of the Courts decision, until the day I nolle prossed the case, I and
investigators from the SAO attempted to assemble a case in order to retry
Mr. Brown. We went to state prison to interview Mr. Floyd who persisted
that he had lied at trial. It was that fact above any other that compelled me
to nolle prosse the case. Whether I believe that Mr. Floyd was being
truthful or not is of no consequence. For me to have proceeded to trial
under those circumstances would have been, in my opinion, a violation of
my oath. Finally, it should be noted that Mr. Brown pled guilty to the
motel robbery. I dont recall his sentence, but he would have been doing
prison time irrespective of the outcome of the Barksdale case.
Defense Statements:
Defense counsel J. Michael Shea referred all inquiries about this case to his book,
The Penalty. J. Michael Shea declined to comment any further.
Brown, J. 7
Current Status:
There is no information available as to Joseph Browns criminal history subsequent to his
release.
04/30/02 - ew
05/02/02 - approved - ws
05/29/02 - updated - ew
The Commission on Capital Cases has compiled this information using a variety of
/--- sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verifiedprior to use for legal or statistical
purposes.
BROWN, Willie A. (B/M) TROY, Larry (B/M)
DC# 022323 DC# 022401
DOB: 06/06/50 DOB: 07/24/50
Eighth Judicial Circuit, Union County, Case # 82-l 63
Sentencing Judge: The Honorable John J. Crews
Trial Attorneys: Bill Salmon, Esq. & Daniel Mazar, Esq.
Direct Appeal Attorneys: Philip Padovano, Patrick Doherty, Esq.
& Steven Bolotin, Assistant Public Defender
Date of Offense: 07/07/8 1
Date of Sentence: 07/l 9183
Circumstances of Offense:
Union Correctional Institution (U.C.I.) inmate Earl Owens was stabbed to death by two
black men in his cell around 5:00 p.m. on 07/07/8 1.
0.. Willie Brown and Larry Troy were indicted for the murder on 1 O/14/82.
The State called U.C.I. inmates Frank Wise, Claude Smith and Herman Watson to testify
as to the events surrounding the murder of Earl Owens. Frank Wise testified that he heard
noises coming from Owens cell at the time of the murder and saw inmates Willie Brown
and Larry Troy emerge from the cell carrying a towel or shirt with something wrapped in
it. Wise testified that he did not notice any blood on Browns or Troys clothing. Claude
Smith testified that he heard a scream from Owens blanket-draped cell at the time of the
murder and saw Brown and Troy, both with blood on their clothes, leave the cell.
Herman Watson testified to a conversation that he had with Troy on the afternoon of the
murder, with Troy laughingly confiding in Watson that he (Troy) had "killed the
cracker." Watson further testified that Brown asked Watson to get rid of Browns clothes
and shoes, which Watson did.
The State also called U.C.I. employees, Mitchell Anderson and Donald Conner to testify.
Anderson, a correctional officer, testified that on the morning after the murder, while
searching the prison athletic yard for evidence regarding Owens murder, he found a
bucket containing an "inmates shirt and towel and stuff," all of which had been partially
burned. The shirt had the name "W. Brown" on it. Donald Conner, the laundry manager,
who is in charge of tracking inmate clothing, testified that Brown was missing a set of
clothes.
f--X The defense called U.C.I. inmates Franklin Kelly, Michael Madry and Noel White to
testify as to the events surrounding the murder of Earl Owens. Franklin Kelly and
Michael Madry testified that both Brown and Troy had been in the prison chow hall at the
Brown, W. & Troy, L. 2
time of the murder. Noel White testified to hearing "odd sounds" coming from Owens
cell at the time of the murder and to seeing two anonymous black males--not Brown or
Troy-- leave the cell with a bloody knife. White further testified that Wise and Smith
were not present at the time of the murder and could not have been witnesses to the
crime. The State impeached Whites testimony by demonstrating that White had
previously identified Brown and Troy as the men responsible for Owens murder.
Trial Summary:
10/14/82
06/l 6/83
06122183
07/l 9183
Indicted on one count of First-Degree Murder
Jury returned a guilty verdict on the sole count of the indictment
Jury recommended death sentences by a vote of 9-3
Sentenced to death
Additional Information:
As a juvenile, Willie Brown had an extensive criminal record. As an adult and prior to
the Owens murder, Brown was sentenced to seven years imprisonment, with ninety-nine
days of community supervision, for a 1968 Robbery conviction, and was sentenced to
twenty years imprisonment, with ninety-nine days of community supervision for a 1976
Armed Robbery conviction. Brown was serving this sentence at the time of the Owens
murder.
Larry Troy, prior to the Owens murder, was sentenced to five years imprisonment for a
1968 Armed Robbery conviction and three years imprisonment for convictions stemming
from Armed Robbery, Burglary, and Possession of Stolen Property charges in 1972.
While serving a term of twenty-five years for a 1975 Second Degree Murder conviction
and a term of fifteen years, six months for Aggravated Battery and Possession of a
Weapon by a State Prisoner convictions in 1977, Troy was charged with the murder of
Owens.
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC# 64,802; 64,803; 69,427
515 So.2d 211
01 I30184
1 l/12/87
Appeal filed
FSC vacated conviction and sentence and remanded for retrial
Case Information:
On 0 l/3 O/84, Brown and Troy filed a Direct Appeal with the Florida Supreme Court,
alleging that the trial court improperly failed to investigate a discovery violation by the
State. On 1 l/12/87, the FSC agreed with Brown and Troys allegation and vacated the
:-. convictions and sentences and remanded for a retrial.
The State dropped the charges when Frank Wise recanted his testimony.
Brown, W. & Troy, L. 3
Law Enforcement/Prosecution Statements:
A request for a statement was made to Spencer Mann, Public Information Officer for the
Eighth Circuit, but no comment has been received to date.
Defense Statements:
A request for comment was made to Bill Salmon, who represented Brown at the original
trial, but no comment has been received to date.
Current Status:
After the Owens murder, Brown was sentenced for the following crimes committed on
04/02/99:
Burglary - Life imprisonment
Armed Robbery - Life imprisonment
Armed Robbery - Life imprisonment
Armed Robbery - Life imprisonment
Grand Theft Auto - 5 years imprisonment
Leaving a Crash with Injury - 5 years imprisonment
Leaving a Crash with Injury - 5 years imprisonment
Resisting a Law Enforcement Officer with Violence - 5 years imprisonment
Battery of a Law Enforcement Officer - 5 years imprisonment
Battery of a Law Enforcement Officer - 5 years imprisonment
Battery of a Law Enforcement Officer - 5 years imprisonment
After the Owens murder, Troy was sentenced to twelve years imprisonment, with nearly
two years community supervision, for a 1991 Unlawful Sale of Cocaine On or Near
School Property conviction. On 02/01/02, while on Conditional Release, Troy missed
curfew, thus violating the conditions of his parole, and was taken to a Miami county jail
for processing. While he was being searched, crack cocaine was discovered, and Troy
was arrested for Smuggling Contraband into a Detention Facility and Possession of
Cocaine. The charges were dismissed at trial, but Troys Conditional Release was
revoked and a new release date has yet to be set.
Alternate Prosecuted Suspect:
None
Report Date: 05/08/02 JFL
Approved: 05/08/02 WS
Updated: 06/04/02 JFL
The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verified prior to use for legal or statistical
purposes.
COX, Robert Craig (W/M)
DC# 113377
DOB: 1 O/06/59
Ninth Judicial Circuit, Orange County, Case # CR88-364
Sentencing Judge: The Honorable Richard F. Conrad
Trial Attorneys: Patricia Cashman & Kelly Sims, Assistant Public Defenders
Attorney, Direct Appeal: Larry B. Henderson, Assistant Public Defender
Date of Offense: 12/30/78
Date of Sentence 1 O/06/88
Circumstances of the Offense:
On 12/30/78, 19-year-old Sharon Zellers disappeared after leaving work at Walt Disney
World. On l/3/79, her abandoned car was discovered in an orange grove in Orange
County. The following day, her body was discovered fully submerged in a sewage lift
station located in close proximity to the orange grove. Ms. Zellers body was heavily
decomposed, and she was identified by her dental records. A medical examiner testified
that she died from blunt force trauma to the head and reported that she had received 14
separate head wounds. Despite Ms. Zellers injuries, the examiner reported that she
probably lived 20-30 minutes subsequent to the attack.
The law enforcement investigation led detectives to question Robert C. Cox. Cox and his
parents, who lived in California, were vacationing in Orlando. They were staying at a
Days Inn, which was located 340 feet from the sewage lift station where Ms. Zellers
body was discovered. Coxs mother had called the hotel security on 12/30/78, because
her son had returned to the motel and was bloody around the face and mouth. A portion
of his tongue had been severed off, and he was unable to talk and had to communicate by
writing. Cox then passed out and was transported to the emergency room by an
ambulance. Emergency surgery was performed on Cox to repair his damaged tongue.
Cox made a statement to officers on l/l 9/78, two weeks after the incident, and claimed
that he was injured during a fight at the local skating rink, Skate World. He stated that
there was a fight involving of eight people, four blacks and four whites, outside of the
skating rink. Cox claimed that after he was hit in the face, he bit his own tongue. He
claimed that he then got into his own car and left the scene. He claimed that he could not
find the hotel, so he went back to Skate World, where a Good Samaritan picked him up
and dropped him off at the hotel.
Cox, R. 2
Detectives found three loose hairs in the victims car that were consistent with Coxs
chest hair, and type-0 blood, which is the same type as Coxs but not the victims.
A military-type boot print was discovered inside Ms. Zellers car. Cox was in the U.S.
Army at the time of his arrest and was wearing that type of boot when treated at the
hospital. A match, however, was never made linking the two prints together.
The State claimed that, although the evidence was circumstantial, it pointed to Cox as the
perpetrator. The State argued that Coxs claim that he was in a fight at Skate World was
not credible and could not be corroborated by any of the security personnel who were
working that evening. There were no eyewitnesses who could support Coxs alibi. On
appeal, the State argued that Coxs statement that, after being injured, he left the rink in
his own car in search of his hotel was not true. Medical evidence was presented that an
artery in Coxs tongue had been severed, and he was bleeding profusely from the mouth.
There was a trail of blood at the Days Inn leading from the second floor to the third floor.
There was, however, no blood discovered in Coxs vehicle. Type-O blood, Coxs blood
type, was discovered in Ms. Zellers car. The State acknowledged that 45 percent of the
population has type-0 blood; therefore, the discovery of this type of blood in the victims
car did not automatically prove that Cox was the murderer. It did, however, prove that
Ms. Zellers murderer was injured and lost blood in her car prior to her death.
A surgical assistant testified at trial that the injury to Coxs tongue was more consistent
with someone other than himself biting off his tongue because of the shape of the wound
f-- and the ragged tear. The defense brought up the fact that the missing portion of Coxs
tongue was not discovered in the victims mouth or near the victim. The State countered
that the victims body was severely decomposed as a result of being submerged in human
waste; therefore, the tongue may not have been able to be discovered.
Additional Information:
Cox was indicted in Florida nine years after the commission of the offense. At the time of
the indictment, Cox was serving a nine-year sentence in California for Kidnapping and
two separate counts of Assault with a Deadly Weapon. Circumstances of the offenses are
as follows;
In August of 1985, a young girl named Kathleen Boice arrived at her house in Crestview
California. As she exited her vehicle, Cox, who was following her, jumped from his car,
grabbed the victim, threw her to the ground, placed a seven-inch knife to her throat and
told her, " Go with me, dont scream or Ill kill you." During this scuffle, the knife cut the
victims hand.
In December of 1985, a young woman, Gidget Wickam, was stationed with the U.S.
Army at Fort Ord, California. Ms. Wickam went to the airport to retrieve luggage and, as
she was leaving the airport, Cox, who asked her for a ride to the base, confronted her. She
complied and, en route, Cox drew a firearm on Ms. Wickham and told her they were not
driving to the base but driving to the mountains.
Cox, R. 3
Trial Summary:
12/l 5187
01122188
02125188
09/30/88
1 O/06/8 8
Florida detainer lodged against defendant while incarcerated in California.
Arrest warrant issued.
Defendant indicted:
Count I: Murder in the First Degree
Upon advisory recommendation, the jury recommended death by a 7-5
majority.
Defendant sentenced as follows
Count I: Murder in the First Degree
Appeal Summary:
Florida Supreme Court, Direct Appeal
FSC# 73,150
555 So. 2d 352 (Fla. 1989)
1 O/06/8 8
03/l O/89
06/08/99
07/l l/89
12121189
02/ 12190
02/23/90
Appeal filed
Initial brief filed.
States answer brief filed
Defendants reply brief filed.
FSC reversed conviction, vacated the sentence and directed that defendant
be acquitted of charge.
Rehearing denied.
Mandate issued.
Case Information:
On 03/10/89, the defendant filed his Direct Appeal initial brief, which included the
following claims of trial court error: the evidence was legally insufficient to support a
conviction; improper excusal of two prospective jurors; the State failed to try Cox for the
offense within 180 days and did not indict until nine years after the murder thereby
violating the defendants due process and preventing him from conducting a proper
investigation; and, that Coxs due process was violated regarding other evidentiary
matters.
The Florida Supreme Court unanimously agreed that there was insufficient evidence to
support the verdict and commented that, although the States evidence would have
created a reasonable suspicion, the case was not proven beyond a reasonable doubt. The
Court stated the evidence did not prove that Cox, and only Cox, murdered the victim. The
Court then vacated Coxs death sentence, reversed his conviction and remanded to the-
trial court to enter an order of acquittal for the crime.
Cox, R. 4
Law Enforcement/ Prosecution Statements:
/--..
Former Assistant State Attorney and current Circuit Court Judge Frederick J. Lauten
wrote:
Jeff Ashton and I prosecuted Robert Cox together. The case was ten
years old when I was sent to California by Robert Egan to speak to Cox
to see if he would plead to first-degree murder if we waived the death
penalty. He would not.
Blood stains found on a floor mat were sent to a new DNA lab to
determine if DNA was present. A preliminary report indicated that DNA
could be obtained so we took a sample of blood from Robert Cox. The
lab reported that the sample from the floor mat lacked even molecular
weight for the lab to report a match and maintain the standards
established for accuracy and reliability. The lab confirmed that the blood
type on the mats matched Coxs blood type, which was evidence we
already had. Jeff and I reviewed the case thoroughly and felt that we had
enough circumstantial evidence to establish that Cox committed the
murder and indicted him.
Nineteen-year-old Sharon Zellers went to work at Walt Disney World on
December 30, 1978. She had a habit of informing her parents by
telephone of everywhere she went. She was unusually diligent about
calling her parents. At the end of her work shift, she called her parents to
tell them she was going to meet some friends for breakfast. She promised
to call when she left the restaurant; however, she never called. Her father
left home and began driving around town to look for her.
At the same time, Robert Cox appeared at a hotel where his parents were
staying, the Days Inn on Sandlake Road. He was bleeding profusely
from the mouth and a deputy sheriff was called to take a report.
Eventually, Cox was taken to surgery for the injury to his tongue. That
night, through his father, he gave a statement to the police, and he also
gave another statement directly to the police. He told them that he had
been at an ice-skating rink on Highway 50 near Kirkman, and as he was
leaving, had been sucker punched by a group of white and black young
men and had bitten his tongue off. Rather than return to the ice skating
rink to seek help from the police officer he had walked past seconds ago,
he reported that he got in his car and drove around looking for a hospital,
and unable to find one, returned to the parking lot of the Albertsons
grocery store, right next to the skating rink. At that time, some good
Samaritan picked him up, bleeding like mad, and drove him the Sand
Lake Days Inn and simply dropped him in the parking lot and left him
there to find his parents room! The same night, his father accompanied a
deputy back to the car at Albertsons so his dad could drive it back to the
Cox, R. 5
hotel. The deputy who took the report went with Coxs father and looked
inside the car for evidence and discovered that not one single drop of
blood was present, even though Cox himself was bleeding like crazy
when he found him at the hotel.
Five days after her disappearance, Sharon Zellers body was found in a
sewage lift station. That station was no more than 300 yards from the
Days Inn. Her body was unrecognizable because it had been in water
and feces, which was pumped down a pipe to a raw sewage station,
located further east on Sand Lake Road. Her car was found 20 yards away
with blood in it, a boot print, and hair samples, all of which matched
Robert Cox. The back seat of the car was missing and to this day has
never been found.
As the case proceeded to trial, during discovery, a surgical nurse was
identified who assisted in the surgery to the injury to Coxs tongue. She
had never been interviewed before, but when finally interviewed by Jeff
and me she testified that on the night of the surgery she and the surgeon
were told how Cox had injured his tongue (sucker punched at the ice-
skating rink) but that the shape of the injury to the tongue was
inconsistent with that type of injury and consistent with his having his
tongue bitten off by someone else. For example, while it was in their
mouth!
At trial, we presented the testimony of the detective who found the car in
the Albertsons without any blood in it despite the statement from Cox
that he had driven around injured in the car; the testimony from the
surgeon, that profuse amounts of blood would have been lost by Cox until
he received surgery; the testimony of the nurse I just referred to;
testimony of blood experts that the blood in Sharon Zellers car matched
Coxs blood type; testimony from a hair expert that the hair found in the
car was consistent with the characteristics of his hair; testimony from a
witness that the boot print found in the car was consistent with the kind of
sole worn by Army Rangers at that time (Cox was an army ranger).
The jury deliberated at length and found Cox guilty of murder in the first
degree. At the sentencing hearing, we flew in two women from California
who Cox had kidnapped at either knifepoint or gunpoint. They testified to
the terror of their kidnapping by Cox. The jury recommended death 7 to 5
and Judge Conrad imposed the death penalty.
The Florida Supreme Court held that the evidence in Coxs case was
circumstantial and did not preclude every reasonable hypothesis of
innocence and entered a judgment of acquittal. Cox was returned to
California to serve out the remainder of his sentence for the kidnappings.
Cox, R. 6
Eventually he was paroled and a few years later committed a series of
armed robberies in Texas where he was sentenced to life in prison.
Jeff Ashton, Assistant State Attorney wrote that he agreed with Judge Lautens recitation
of the case and added that Cox is presently serving a 35-year State and a consecutive 15-
year Federal sentence out of Texas.
Detective Dan Nazarchuk (retired) of the Orlando County Sheriffs Office was one of
the investigators on the Cox case. He stated that he believes very strongly that Robert
Cox committed this murder. He claimed there were never any other suspects and stated
that he feels the jury reached the correct verdict.
Defense Attorney Statements:
A request for comment and a copy of this report was sent to defense attorney, Patricia
Cashman. Ms. Cashman provided the following statement regarding Coxs case, "This
case is one of two unanimous reversals in death penalty cases by the Florida Supreme
Court. A wrongful conviction occurred and the appellate court released Mr. Cox after he
spent 18 months on death row."
Defendants Current Status:
1
In 1995, Cox was arrested for holding a gun on a 12-year-old girl in Decatur, Texas. He
is presently serving a life sentence for that robbery and a consecutive 15-year federal
sentence.
Report date 03/l 9/02-WHS
Tlze Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verified prior to use for legal or statistical
purposes.
GOLDEN, Andrew, (W/M)
DC# 365791
DOB: 06/14/44
Tenth Judicial Circuit, Polk County, Case # 90-l 778
Sentencing Judge: The Honorable Robert E. Pyle
Trial Attorney: Allen R. Smith Esq.
Attorney, Direct Appeal: Gwendolyn Spivey, Esq.
Date of Offense: 09/l 3189
Date of Sentence: 1 l/15/91
Circumstance of Offense:
On 9/13/89, at 3:30 a.m., a police officer found the body of Ardelle Golden floating in
Lake Hartridge, which is located in Winter Haven, Florida. Goldens rented car was
submerged in the lake. On 4/5/90, her husband, Andrew Golden, was indicted for her
murder.
At trial, Andrew Golden testified that he and his wife had been at Lake Hartridge on the
evening of 09/12/89 and had returned home at approximately 1l:OO p.m. He claimed, that
upon returning home, his wife could not find her cigarette case and went out to go look
for it and to purchase more cigarettes. Mr. Golden claimed that he stayed home and went
to sleep. When Mr. Golden awoke the next morning, he asked his eldest son where his
mother was. His son did not know where his mother was and left the home shortly after
6:00 a.m. to look for her. He was, however, unable to find her and returned home and
then left again shortly thereafter to report to his school that he would be late. Golden
called the police to report that his wife was missing. Two detectives came to the Golden
home and, while they were there gathering information, they received a radio call
informing them that the drowning victim was identified as Andrew Goldens wife. Mr.
Golden was subsequently arrested a month after his wifes drowning for First-Degree
Murder.
The State presented evidence at trial that the cigarette case that Mr. Golden claimed his
wife "was going crazy looking for" was discovered floating in the lake near Mrs.
Goldens body and an unopened package of cigarettes was found inside of her purse. The
State claimed that investigators went to every convenience store in close proximity to the
Golden home, and there were no clerks who could identify Mrs. Golden as being a
customer that evening. Mrs. Goldens body was found floating in the lake without her
glasses, which were discovered inside of her purse. Mrs. Goldens vision was 400/20, and
an expert testified that Mrs. Golden was extremely nearsighted and would not have been
Golden, A. 2
able to see more than 10 inches away without her glasses; therefore, she would not have
been able to drive the car to the lake prior to driving the vehicle into the water.
The State introduced evidence that, although Golden initially denied that he had any
insurance, the family had more than $300,000 in life insurance policies. It was
determined that Golden forged his wifes signature on life insurance applications, most of
which were purchased within the five months prior to Ardelle Goldens death.
Additionally, the rented car discovered in the lake was rented by Mr. Golden, who used
his American Express card. American Express automatically provided $200,000.00 in
accidental death insurance. The State pointed out that the Goldens owned two cars;
therefore, renting an additional car would have been an unnecessary expense.
The State proved that Golden had not been gainfully employed for approximately two
years and was over $200,000.00 in debt. Golden filed for bankruptcy after his wifes
death and never related to his bankruptcy attorney that he anticipated receiving an
insurance settlement. In closing arguments, the State argued that Golden drowned his
wife and drove the car into the lake. The State contended that Golden forged his wifes
signature on several insurance applications and then murdered her to collect on the
policies.
Mr. Goldens attorney argued that Golden was not aware of the existence of the policies
because they were offered by their credit card companies. The defense claimed that
Golden was contacted by the credit card companies after his wifes death and that he did
not pursue them for payment.
The jury convicted Golden and recommended that he be sentenced to death. The trial
court agreed with the jury recommendation and sentenced Golden to death on 1 l/l 5191.
Trial Summary:
04/05/90
1 O/28/9 1
10128191
1 l/15/91
Defendant was indicted for one count of First-Degree Murder.
Defendant was found Guilty by the trial jury.
The jury, upon advisory recommendation, recommended death by an
8 to 4 majority.
Defendant sentenced:
Count I: First-Degree Murder - Death
Golden, A. 3
Appeal Summary:
Florida Supreme Court, Direct Appeal
FSC# 78,982
629 So. 2d 109(Fla. 1993)
1 l/25/91
1 l/10/93
1 l/17/93
01/05/94
01/05/94
Appeal tiled
FSC vacated Goldens conviction and sentence and directed that he be
released from custody.
Motion for rehearing tiled (State filed)
Rehearing denied
Mandate issued
Case History:
On 11125191, Golden filed a Direct Appeal in the Florida Supreme Court. The main issue,
on appeal, was that there was insufficient evidence to prove that his wifes death resulted
from the criminal agency of another person.
The Supreme Court stated that ". . . the finger of suspicion points heavily at Golden. A
reasonable juror could conclude that he more than likely caused his wifes death." The
Court concluded, however, that the States circumstantial evidence was insufficient to
prove beyond a reasonable doubt that Mr. Goldens wifes drowning was not an accident.
The Court subsequently vacated the conviction and sentence and ordered that Golden be
released.
Prosecution/ Law Enforcement Statements:
John Aguero, Director, Special Prosecution, State Attorneys Office - Tenth Judicial
Circuit, wrote:
I received your memo and list of the "21 innocent" defendants convicted
and sentenced to death. I write only to comment on one, Andrew Golden.
This abominable opinion by the Florida Supreme Court was an insult to
the memory of Ardelle Golden and to the jurors and the judge who heard
the case. The Supreme Court just decided to be 13h juror and disagree
with everyone else. They overturned this conviction and sentence saying
that "The finger of suspicion points heavily at Golden. A reasonable juror
could conclude that he more likely than not caused his wifes death." They
also said "There were no wounds or other signs of violence on the body."
This last quote shows that they completely misapprehended the manner in
which Mr. Golden killed his wife. They paid absolutely no attention to the
FACTS. If they had, Mr. Golden would still be on death row where he
belongs. The reason the above quote is of particular significance is that
Mr. Golden claimed his wife drove her car into the lake. I proved she
Golden, A. 4
would have to have been going over 35 miles per hour to get the car as far
out in the lake as it was found. According to the testimony of the medical
examiner and the accident reconstruction expert, either the woman should
have had seat belt injuries (she always wore a seat belt) or, in an
unexpected crash like the defense theorized, she would have hit the
windshield. Thus it was precisely the LACK OF INJURIES that helped
prove the case. Of course there was a multitude of other evidence, but this
complete lack of understanding in deciding a death penalty case is what
misleads people like those who think there were 21 innocent people on
death row. I got calls from three of the jurors after Mr. Golden was
released. Each asked me essentially, who the hell does the Supreme Court
think they are? They didnt sit through this trial. I challenge anyone who
thinks Mr. Golden is innocent to sit down and talk to me. They wont
think hes innocent when they leave."
A request for comment was made to Deputy Chief Darrell Kirkland of the Winter Haven
Police Department. A response has not been received to date.
Defense Attorney Statements:
Gwendolyn Spivey, Goldens attorney on Direct Appeal stated that any information
relative to this case may be found in her Direct Appeal initial brief. She stated, " The
Florida Supreme Court did an excellent job regarding this case."
Current Status:
Andrew Golden is presently serving a fifteen-year prison sentence in Texas for three
separate cases of Indecency with a Child.
Report date- WHS - 03/25/02
/"..-. The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verified prior to use for legal or statistical
purposes.
GREEN, Joseph Nahume (B/M)
DC# 091882
DOB: 01/10/56
Eighth Judicial Circuit, Bradford County, Case # 92-633
Sentencing Judge: The Honorable Robert P. Cates
Trial Attorneys: Jeffrey Leukel and F. Reed Replogle, Esq.
Direct Appeal Attorney: David A. Davis, Assistant Public Defender
Date of Offense: 12108192
Date of Sentence: 1 l/30/93
Circumstances of Offense:
At 10: 10 p.m. on 12/08/92, Judy Miscally was using a public phone at the Mapco
convenience store in Starke, Florida, when she was approached by a man who demanded
money. When she refused and screamed, the man shot her and fled the scene. Miscally
) later died.
Three people witnessed the shooting - John Goolsby, Katrina Kintner and Lonnie
Thompson. Miscally described the shooter as a skinny, black man in his mid-twenties,
and described the gun as a small, semiautomatic pistol. Goolsby was in his car at a
stoplight near the Mapco store when he heard the shot, and he saw two people in front of
the store. Goolsby was not wearing his glasses at the time and could not determine the
sex or race of either person. Kintner was sitting in her car in a convenience store parking
lot across the street from the Mapco store when she heard the shot. Kintner said she saw
three black men surrounding a white woman but could not describe them in any detail.
Thompson was near the convenience store across the street from the Mapco store when
he heard the shot. Thompson said he saw Green and Miscally struggle and saw Green
shoot Miscally before fleeing behind the store.
Greens alibi was that on the night of the murder, he and his girlfriend, Gwen Coleman,
were walking around Starke. During that night, Green helped Donald Laverly and David
Padgett take a muffler off of Laverlys car in the parking lot of the Pizza Hut restaurant.
Green returned to the motel where he and Coleman were staying sometime after 1l:OO
p.m., when Green was reminded by the motel owner that the rent was due the next day.
..n,
Green, J. 2
Trial Summary:
01/15/93 Indicted on one count of First-Degree Murder
1 o/05/93 Jury returned a guilty verdict
1 O/25/93 Jury recommended a death sentence by a vote of 9-3
1 l/30/93 Sentenced to death
Retrial Summary
03/l 6/00 Acquitted at retrial
Additional Information:
Prior to his trial for the murder of Judy Miscally, Green had a criminal record in the State
of Florida. The following is his prior prison history in Florida:
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC# 83,003
688 So.2d 301
01/10/94
1 l/27/96
Appeal filed
FSC vacated conviction and sentence and remanded for retrial
Case Information:
Green filed a Direct Appeal with the Florida Supreme Court on 01/l O/94, citing twelve
trial court errors. The FSC found two trial court errors harmful enough to warrant a new
trial and chose not to comment on the other ten issues. The FSC found that errors were
committed by allowing the State to cross-examine a defense witness about her prior
alcohol abuse and by admitting evidence seized pursuant to a bad search warrant.
Additionally, the FSC found that Lonnie Thompsons trial testimony was often
inconsistent and contradictory. On 1 l/27/96, the FSC vacated the conviction and
sentence and ordered a new trial.
On 03/16/00, Green was acquitted of the charge of First-Degree Murder. The trial court
judge found that there was a lack of witnesses or evidence tying Green to the crime.
Green, J. 3
Law Enforcement/Prosecution Statements:
Curtis French, who was the Assistant Attorney General for the Direct Appeal to the
Florida Supreme Court, had the following statement regarding the Green case:
French noted that once the testimony of the State witness (Thompson) had been excluded
as unreliable, "the prosecution could not prove its case," thus Green was acquitted at
retrial.
According to French, Green had not been cleared of the crime, but instead, he "had been
given the benefit of the doubt" in the case due to the nature of the testimony and evidence
against him. French stated that the evidence pointed to Green because Green "certainly
had both the motive and opportunity to commit the crime," and, additionally, problems
existed with his alibi that was given to police,
To French, Green had not been cleared of the crime and French "would tend to dispute
his innocence."
Additional comments were received from William Cervone, State Attorney for the Eighth
Circuit:
As to Joseph Green, I can provide my comments since I tried the case. In essence,
the ultimate acquittal was because the trial court suppressed the identification
testimony of witness Lonnie Thompson after the original remand from the Florida
Supreme Court. Thompson was the only eyewitness linking Green to the murder
and when his testimony was disallowed the remaining circumstances were
insufficient to secure a conviction.
Interestingly, the same judge who ultimately suppressed the identification after the
remand had conducted extensive hearings before the first trial as to the competency
of Thompson and had allowed him to testify, While the Supreme Court Opinion
questioned Thompsons competency as a witness, it did not rule on that or find the
original admission of his testimony to be error. It being my belief that the trial court
had improperly invaded the province of the jury in ruling on the credibility that
should be given to a witness testimony, the suppression of the identification was
appealed but that appeal was not successful. Additionally, even before the first trial
the trial court had suppressed evidence showing the presence of gun powder residue
in the pockets of the defendants clothing, and the Supreme Court Opinion
suppressed the seizure of the clothing itself. I remain convinced of Greens guilt, as
was the jury that originally heard the testimony of Thompson, evaluated it, and
convicted Green based on it.
Green, J. 4
,-
Defense Statements:
David Davis, who was Greens defense counsel for the Direct Appeal to the Florida
Supreme Court, had the following statement regarding the Green case:
Davis cited competency issues of the States witness, Thompson, as the primary reason
for the acquittal of Green at the retrial. According to Davis, "the case died when
Thompson was declared incompetent to testify."
Davis commented that, due to the exclusion of Thompsons testimony and the lack of
other compelling evidence that Green committed the crime, Green had a "strong claim of
innocence," probably "the strongest claim of innocence that I have seen in a long time."
Davis attributes the suspicion and prosecution of Green to "community uproar" and a
small town trying to get revenge for the murder of a popular citizen.
According to Davis, Green was acquitted due to bad police practices, most notably the
bad search warrant and use of Thompson as a witness, and the overall weakness of the
case against him.
Current Status:
After acquittal, Green was sentenced in 2001 to one-year terms for two cocaine
possession charges that occurred in 2000. He was released from prison on 1 l/05/01.
There is no information available as to Greens criminal history subsequent to his release.
Alternate Prosecuted Suspect:
None
Report Date: 05/l 4/02 JFL
Approved: 05/l 7102 WS
Updated: 06/l 4/02 JFL
The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verified prior to use for legal or statistical
purposes.
HAYES, Robert (B/M)
DC # 710372
DOB: 120 2/63
Seventeenth Judicial Circuit, Broward County, Case # 90-3993-CF 10
Sentencing Judge: The Honorable Stanton S. Kaplan
Attorney, Criminal Trial: Barbara Ann Heyer - Special Public Defender
Attorney, Direct Appeal: Richard B. Greene - Assistant Public Defender
Attorney, Retrial: Barbara Ann Heyer - Special Public Defender
Date of Offense: 02/20/90
Date of Sentence: 06/05/92
Circumstances of Offense:
Robert Hayes was convicted and sentenced to death for the strangulation of Pamela
Albertson, a co-worker at the Pompano Harness Track.
When Pamela Albertson did not show up for work on the morning of 02/20/90, the
security officials of the Pompano Harness Track went to her dormitory room in search of
her. When security officials arrived at the dormitory where Albertson and the other
female grooms lived, they found her strangled body lying on the floor in blue jeans and a
T-shirt.
Investigation into the murder quickly led to the questioning and, eventually, the arrest of
Robert Hayes. Witness testimony and DNA evidence placed Hayes at the murder scene;
however, there was also evidence that someone else could have possibly perpetrated the
crime. Pamela Albertson was found with several strands of Caucasian hair clutched in
her hand. The hairs were inconsistent with Hayes hair, as he was African-American.
At trial, the State intended to prove Hayes guilt through DNA evidence, witness
testimony, testimony of a jailhouse informant and evidence of a strikingly similar
collateral attack. Further examination of the DNA evidence revealed semen on a tank top
and in the vagina of Pamela Albertson. Tests confirmed a three-band match on the tank
top and a seven-band match on the vaginal swab for compatibility with Hayes.
Additionally, employees of the Pompano Harness Track stated that they saw a man fitting
Hayes description at Albertsons dormitory on the night of her murder. Several people
testified that Albertson had expressed fear of being alone with the defendant, although no
formal complaint had ever been filed. The State also introduced evidence that Hayes had
Female groom - a woman employed to take care of horses or a stable.
Hayes, R. 2
f--.. attacked another co-worker at a horse track in New Jersey. Debbie Lesko filed a
complaint against Hayes in 1988, stating he pinned her on the floor and began choking
her. When Hayes let Lesko go, she promptly called police and Hayes was arrested for
simple assault. Those charges were later dropped. Finally, Ronald Morrison, Hayes
cellmate in Broward County Jail, testified that Hayes, in essence, confessed to being in
Albertsons room that night, choking her, and fleeing through the window. The State
relied on such evidence to obtain a conviction of First-Degree Murder on 1 O/29/91.
Additional Information:
On 06/26/89, prior to his murder conviction, Hayes was arrested on charges of robbery
and burglary in Wilmington, Delaware. The victim, Lillian Shephard, reported that
Hayes had sexually harassed her on many occasions and on the date of the referenced
offense, Hayes broke into her apartment and choked her until she lost consciousness. She
awoke to see Hayes leaving her apartment. Hayes pled guilty to these charges and
received two years probation.
Trial Summary:
03/22/90
1 O/29/9 1
1 l/14/91
06/05/92
06/02/95
07/ 16197
Defendant indicted on:
Count I: First-Degree Murder
The jury found the defendant guilty of First-Degree Murder, as charged in
the indictment.
Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the
death penalty.
The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
FSC vacated Hayes death sentence and remanded for a retrial.
Robert Hayes was acquitted of the murder of Pamela Albertson.
Appeal Summary:
Florida Supreme Court, Direct Appeal
FSC # 79,997
660 So. 2d 257 (Fla. 1995)
06/l l/92
06/02/95
09/ 13195
10/13/95
Appeal filed.
FSC reversed the conviction, vacated the death sentence and remanded for
a new trial.
Rehearing denied.
Mandate issued.
Hayes, R. 3
Case Information:
On 06/l l/92, Hayes filed a Direct Appeal in the Florida Supreme Court. In this appeal,
he argued that the DNA results were fallacious due to the unreliable means by which they
were tested. Holding DNA testing, or any new scientific principle, up to the highest
standards of credibility, the Florida Supreme Court insisted that the evidence or expert
testimony in question must assist the jury in determining the fact in an issue, must pass
the dictates of the Frye test established in Frye v. United State.s2, and must be presented
by a qualified expert on the subject. In examining the issues of the Hayes case, the
unreliable technique of "band-shifting" was used to explain the DNA test results in terms
of the probability that Hayes left the semen found on the tank top. The Florida Supreme
Court ruled that the "band-shifting" method employed in the Hayes case was
inadmissible as a matter of law, and, as such, the tank top was erroneously admitted as
evidence. The high court did, however, rule that the semen found in Albertsons vagina
was properly tested and could be presented as credible evidence in Hayes retrial.
Hayes also raised the issue of collateral crime evidence in his appeal. The prosecution
presented evidence that Hayes attacked another female co-worker at a track in New
Jersey. The prosecution sought to show the similarities between that attack and the
murder of Pamela Albertson; however, the Florida Supreme Court ruled that there were
"insufficient points of similarity to the instant offense to warrant admitting evidence of
, the previous attack. " As such, the high court deemed the admittance of collateral crime
evidence as error.
In addition, Hayes objected at trial and argued on appeal the admittance of hearsay
evidence regarding the victims supposed fear of him. The Florida Supreme Court
agreed, and found that the trial court erred in allowing the hearsay testimony.
The fourth matter brought up in appeal was the prosecutions elicitation of testimony
concerning the defenses failure to request various tests of evidence. The Florida
Supreme Court found error as allowing such testimony insinuated that the burden of
proof lied with the defense.
For the expressed reasons, the Florida Supreme Court reversed Hayes conviction,
vacated his death sentence and remanded for retrial.
Upon retrial, the jury acquitted Hayes of the murder of Pamela Albertson.
Law Enforcement/ Prosecution Statements:
A letter requesting comment was sent to the Broward County Sheriffs Department on
05/01/02. No response has been received to date.
2 Frye v. United States - Supreme Court case that established the guidelines for considering novel scientific
r- techniques or methods in verifying evidence or testimony. The Frye test asks whether expert testimony is
based on a scientific principle that is "sufficiently established to have gained general acceptance in the
particular field in which it belongs."
Hayes, R. 4
Carolyn V. McCann of the State Attorneys Office for the Seventeenth Circuit issued the
following statement concerning Hayes case:
The [Florida Supreme Court] ruled that as a matter of first impression that the
"band-shifting" technique of DNA testing would be inadmissible as a matter of
law regarding Hayes DNA found on the victims shirt. The Court did not make
the same ruling as to Hayes DNA found in the victims vagina. On retz, the
State presented evidence of Hayes DNA found in the victims vagina. However,
the defense challenged this evidence with other evidence that hairs inconsistent
with Hayes were found clutched in the victims hand and expert DNA testimony
that many thought was questionable. In the end, the jury disregarded the fact that
Hayes DNA was found in the victims vagina and acquitted him of murder.
Defense Statements:
Defense Attorney Barbara Ann Heyer commented:
The Florida Supreme Courts decision in the Hayes Case was beneficial in a
number of ways. First, it clarified the use of DNA evidence and second, it
clarified questions surrounding the Williams rule. I believe the court made the
right decision in finding Hayes not guilty because he was innocent.
Current Status:
According to NCIC, Robert Hayes has had no arrests subsequent to his release.
03/07/02 - ew
03/l l/O2 - approved - ws
05/29/02 - updated - ew
The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verified prior to use for legal or statistical
purposes.
Please note: Sonia Jacobs was not under a sentence of death at the time of her
release.
JACOBS, Sonia, (W/F)
DC# 149957
DOB: 08/24/47
Seventeenth Judicial Circuit, Broward County, Case # 76-1275CFB
Sentencing Judge: The Honorable M. Daniel Futch
Attorney, Direct Appeal: Ray Sandstrom, Private
Attorney, Collateral Appeals: Richard Strafer, Private
Date of Offense: 02/20/76
Date of Sentence: 08/20/76
Date of Resentence 05/05/8 1
Circumstance of Offense:
Sonia Jacobs was convicted of the murders of Florida Trooper Philip Black and off-duty
Canadian Constable Donald Irwin, and the kidnapping of Leonard Levison.
According to the Florida Supreme Court opinion the circumstances of the offense are as
followed: On February 20, 1976, Trooper Black, and his friend Donald Irwin, a
Canadian Constable on vacation, were on a routine patrol early in the morning. Black
drove into a rest area along Interstate 95 and observed a Camero automobile in which
Walter Rhodes and Jessie Tafero, Jacobs and her two children were sleeping. Trooper
Black pulled beside the vehicle and approached the car to ask for identification. He saw a
gun at Rhodes feet and confiscated the weapon. He returned to his patrol car to run a
radio check on Rhodes and his gun. Black learned, from the radio check, that Rhodes was
a convicted felon and returned to the car to question the other occupants. Trooper Black
noticed a gun holster in the back seat and ordered everyone out of the vehicle. Tafero,
sitting in the front passenger seat, was slow exiting the vehicle, so Black pulled Tafero
out. The two struggled until Black, with Irwins assistance, subdued Tafero.
Rhodes testified that while Irwin held Tafero against the patrol car, Black backed away
and drew his firearm. Rhodes walked to the front of the car with his hands in the air.
Rhodes claimed he then heard two or three shots, and he turned and saw Jacobs, still in
the car, holding a nine-millimeter gun with both hands. Tafero escaped from Irwins
grasp, ran to the car, grabbed the gun, and shot both Trooper Black and Constable Irwin.
Jacobs, S. 2
Rhodes alleged that Tafero then took the troopers gun and some shell casings. The group
then fled in the patrol car. With Rhodes driving, they exited Interstate 95 and entered an
apartment complex parking lot where they observed Leonard Levison emerging from his
Cadillac. Rhodes demanded, at gunpoint, that Levinson surrender his keys. Tafero told
Levison that they had a sick child that they needed to take to the hospital. Jacobs nodded
her head in agreement. Tafero grabbed Levinson, and all parties entered the Cadillac.
Rhodes drove the group until they were finally captured when he crashed while
attempting to evade a roadblock.
Shortly after the crash, a trooper, thinking Jacobs was a hostage, led her away from the
scene where Rhodes and Tafero lay handcuffed on the ground. As they passed, Jacobs
bent down and appeared to kiss Tafero. Jacobs then acknowledged that she was "with
them". The trooper then asked Jacobs, "Do you like shooting troopers?" Jacobs
responded, "We had to."
Tafero later testified, on Jacobs behalf, that while he and Trooper Black were struggling,
Rhodes shot and killed both men.
Prior Record:
Arrest Date Location
1 l/01/68 Miami Dade
12/19/70 Miami Dade
Charge Disposition
Prostitution Dismissed
I- Poss. of Marijuana Counts I and III, 5
II- Contr. to the years probation.
Delinquency of a
Minor Count II- Dismissed
III- Poss. of
Amphetamines
1 l/28/71
07/02/74
Miami Dade
Myrtle Beach, SC,
Forgery Not Guilty
I- Poss. of Marijuana Unknown
II- Poss. Of Hashish
III, IV- Poss. with
Intent to Dist.
Amphet.
/Barbituates.
V- Pass. of LSD
VI- Violation of SC
Gun Law.
Jacobs, S. 3
Codefendant Information:
Walter Norman Rhodes pled guilty and was sentenced to Life for his cooperation in the
case. He was paroled in 1994 and his supervision was transferred to New Mexico. He is
presently listed as an absconder from supervision.
Jessie Tafero was tried and convicted and subsequently executed on 05/04/90 for the
murders of Black and Irwin.
Trial Summary:
Please note: The file containing both trial and appellate information has been
archived in federal court and is not available for review.
03103176
08120176
.----Y :
0510518 1
1 O/09/92
Indicted for two counts of First-Degree Murder, Theft of a Firearm,
Grand Theft Auto, Theft of a Firearm, Kidnapping.
The Jury recommended Life, however, the defendant was sentenced as
follows:
Count I: First-Degree Murder- Death
Count II: First-Degree Murder- Death
Count III: Kidnapping- Life
On remand from the Florida Supreme Court, Jacobs received two Life
sentences for the murder charges to run concurrently with the Life
sentence received from the kidnapping.
Jacobs entered a plea to Second-Degree Murder and was released with
credit time served.
Appeal Summary:
Florida Supreme Court, Direct Appeal
FSC# 50,175
396 So. 2d 713 (1981)
0312618 1 FSC affirmed the murder convictions and the kidnapping conviction and
reversed the Death sentences.
Jacobs, S. 4
r- Case History:
After a Direct Appeal was tiled in the Florida Supreme Court, Jacobs filed an application
for stay and for leave to file a motion for a new trial alleging that there was newly
discovered evidence as it related to her codefendant, Walter Rhodes. Jacobs claimed he
stated on more than one occasion that it was he who fired the shots that killed the two
officers. The State argued that information pertaining to this allegation was available to
Jacobs during the trial. The Florida Supreme Court issued an order directing the trial
judge to tile a response indicating whether he imposed the death sentence in
consideration of any information not known to Jacobs. In filing the response, the judge
attached a copy of Jacobs presentence investigation claiming that he had no knowledge
as to whether defense counsel had access to the report. Jacobs then filed a supplement to
her motion claiming that a Brady violation occurred during trial. Attached to the
presentence investigation was a confidential polygraph examination of Walter Rhodes.
Jacobs argued that the polygraph report indicated Rhodes responses were different than
those he made at trial. The State acknowledged in a response that, although the defense
was not supplied with this report, there was no contradiction between Rhodes testimony,
nor did Rhodes make any statements favorable to the defense. The Florida Supreme
Court considered the information and temporarily relinquished jurisdiction to the trial
court with directions to the trial judge to make a finding as to whether the appellant had
access to the presentence investigation during sentencing and whether withholding this
report constituted a Brady violation and order a new hearing.
The trial court made the determination that a Brady violation did not occur, and the
Supreme Court received the appeal back from the trial court. The Supreme Court agreed
that Rhodes polygraph statements were not inconsistent with other statements that he
had made.
Jacobs additional arguments included Miranda violations, improper denial of preemptory
challenges and her belief that she was unable to properly participate in her own defense.
The Supreme Court did not find error in those arguments, however, vacated Jacobs
sentence of death based on the fact that the trial judge mistakenly believed that he could
not consider nonstatutory mitigating circumstances and held that the evidence was not
sufficient to override the jurys sentence of death. The case was subsequently remanded
to the trial court for resentencing. The court upheld her life sentence on the kidnapping
case and claimed there was sufficient evidence to sustain her conviction. The Florida
Supreme Court opined, "One who participates with another in a common criminal
scheme is guilty of all crimes committed in the furtherance of that scheme regardless of
whether he or she physically participates in that crime."
On 0510518 1 Jacobs received two Life sentences for the murder charges to run
concurrently to the Life sentence she received on the Kidnapping case.
-.
Brady v. Maryland, Information or evidence that is beneficial to the
defendants case and that the prosecution has a duty to disclose.
Jacobs, S. 5
Although Jacobs was no longer on death row, her attorneys continued to appeal her case
and filed a Petition for Writ of Habeas Corpus with the United States District Court on
1 l/25/85. The magistrate recommended that the petition be denied and, while the report
was under consideration, Jacobs attorneys discovered that Brenda Isham, Jacobs
previous cellmate, had perjured herself at trial. The District Court granted Jacobs a stay
of the proceedings to allow her to pursue the issue in the state courts. Jacobs exhausted
her claim regarding Isham in state court and then filed an amended Habeas Petition in the
United States District Court. After Isham testified, the magistrate judge acknowledged
that Isham did perjure herself, but ruled that Ishams testimony was not central to the
States case and denied the petition. Jacobs then filed a Habeas Appeal with the United
States Court of Appeals. The court found that a Brady violation.had occurred by using the
polygraph of Walter Rhodes and held that three of five statements that Jacobs made
violated her Miranda rights. The court affirmed in part and reversed in part and remanded
the case to the District Court with instructions to grant the Habeas Petition conditioned on
the State granting Jacobs a new trial.
The State declined to try Jacobs again and allowed her to plead guilty to Second-Degree
Murder and released her with credit time served.
Law Enforcement/ Prosecution Statements:
Carolyn McCann, Assistant State Attorney, Seventeenth Judicial Circuit, wrote
I hope that the information contained in this letter will help set the
record straight regarding Jacobs involvement in the murders of Trooper
Black and Constable Irwin. . . . Sonia Jacobs was convicted after a
trial of two counts of first degree murder and one count kidnapping.
She was sentenced to death for the homicides and life for the
kidnapping. On review, the Supreme Court of Florida reversed
Jacobs sentence of death but upheld her convictions. Jacobs v.
State, 396 So. 2d 7 13(Fla. 198 1). Jacobs was thereafter re-sentenced
to two concurrent life sentences on the murder counts to be served
with the third concurrent life sentence on the kidnapping count.
Jacobs convictions had been upheld by all of the State and Federal
Courts reviewing the same until the Eleventh Circuit Court of
Appeals granted her petition for writ of habeas corpus in 1992. In
doing so, they specifically rejected Jacobs claim that the State
should have turned over to the defense a polygraph examiners
report. It is worth noting that the polygraph examiners report was
written the day following the examination from notes taken during
the interview and was not a "substantially verbatim" recording of
the witnesss, Walter Rhodess answers. It was for this reason that
the Supreme Court of Florida expressly and explicitly previously
rejected this claim that a discovery violation occurred. This
Jacobs, S. 6
difference of opinions between the appellate courts that reviewed
Jacobs conviction formed part of the basis for habeas corpus relief.
The Eleventh Circuit also addressed the statements that Jacobs
made to police that were used against her at trial. Some of the
statements made by Sonia Jacobs were ruled inadmissible by the
Eleventh Circuit Court of Appeals. That Courts opinion was that
Jacobs rights were violated in that she was not properly advised of
her constitutional rights. The Court did not rule inadmissible her
statement that she was "with them" referring to Rhodes and Tafero
or her statement that she fired the first shot from the car. However,
the Court ruled inadmissible her statement after being asked "Do
you like shooting troopers that "we had to". The Court also ruled
inadmissible Jacobs statements that she told police her name was
Sandy Jenkins and that she was picked up by two detectives in an
FHP trooper vehicle while hitchhiking and her subsequent statement
changing her story to being picked up by two men in an orange
Cadillac. Likewise, Jacobs statement that she had gotten a ride to
Florida with Tone" and another guy, and that there were guns in the
car and that two of them were hers and that there were six people in
the car when it pulled into the rest stop on I 95, including Jacobs,
her two children, the two men and a woman named "Frenchie" were
also ruled inadmissible by the Eleventh Circuit. Jacobs statement
that she didnt know Frenchie "and that "Frenchie" took off after
the shooting were also ruled inadmissible by the Eleventh Circuit.
Her statement that she had owned and fired two handguns was also
ruled inadmissible. The loss of these statements Jacobs made to
police was very damaging to the States case against her.
After the Eleventh Circuit reversed the convictions and sentences,
Jacobs pleaded guilty in October 1992 to two (2) counts of second
degree murder, and one count of kidnapping, and waived her rights
to appeal in exchange for a sentence of time served, which at that
point, amounted to sixteen (16) years and two hundred, thirty-three
(233) days incarceration. It is important for you to know that as part
of her plea agreement, Sonia Jacobs agreed, in court, to the factual
basis for her plea which included such facts that at the time of the
murders Jacobs was seated with her children in the back seat of the
Camaro, Tafero and Rhodes were outside of the car, that the first
shots were fired from the back of the Camaro and Rhodes testified
that he saw Jacobs holding a 9mm with both hands. Pierce Hyman, a
truck driver who was at the scene of the murder, also testified that it
sounded like the first shot came from the Camaro. Another truck
driver, Robert McKenzie, was also present at the time of the murder
and testified that Rhodes had his hands raised at the time of the
shooting. Numerous pieces of evidence, including an empty case for
Jacobs, S. 7
a Taser weapon, which had been fired, were found behind the
drivers seat of the Camaro where Jacobs was sitting. Receipts in the
cars trunk showed that Jacobs had purchased two Smith & Wesson
automatic pistols. Another weapon she purchased, a .22 caliber
pistol, was also found at the scene. Evidence implicating Jacobs was
abundant and she stipulated that the State could prove all of it. In
addition, Jacobs made incriminating statements to police. . . . The
facts that I have written in this letter are just a small sampling of the
evidence against Jacobs. Of course, there was no prosecutorial
misconduct in this case, just a difference of opinion by the courts
which reviewed it, as to what constituted Brady evidence and the
admissibility of Jacobs many statements to police. Just as obvious
is that the facts that Jacobs agreed to as a factual basis for her plea
are far different from the facts portrayed by her and death penalty
opponents.
Defense Attorney Statements:
Defense attorney Ray Sandtrom is deceased.
Defense attorney Richard Strafer was contacted and will be providing a written
statement.
Current Status:
Sonia Jacobs is presently living in Ireland and according to NCIC has not had any arrests
subsequent to her release.
Report date 0512 l/02- WHS
The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verifiedprior to use for legal or statistical
purposes.
JARAMILLO, Anibal (H/M)
AKA: Jose Bernard0 Pineda
DC # 077098
DOB: 02/03/58
Eleventh Judicial Circuit, Dade County, Case # 80-24540
Sentencing Judge: The Honorable Ellen Morphonios
Attorney, Criminal Trial: Terrance McWilliams, Esq.
Attorney, Direct Appeal: Louis Casuso, Esq. & Edward McHale, Esq.
Date of Offense: 1 l/30/80
Date of Sentence: 04/08/8 1
Circumstances of Offense:
Anibal Jaramillo was convicted and sentenced to death for the murders of Gilbert0
Caicedo Reyes and Candelaria Castellanos Marin.
"..
In the early morning hours of 12/02/80, the bodies of Gilbert0 Caicedo Reyes and
Candeiaria Castellanos Marin were discovered in a home in South Dade County. Both
had been bound, gagged, and killed execution style with three shots to the head. Medical
examiners estimated the murders took place between 2:00 a.m. on November 30th and
2:00 a.m. on December 1". All six of the shots were believed to have been from the same
gun, probably a MAC- 10 submachine gun with a silencer.
Marins hands had been bound by handcuffs, upon which, medical examiners identified
fingerprints that did not belong to Jaramillo. A coil of hemp cord was found next to
Reyes body. It was apparent that a portion of the cord had been severed by a knife and
used to bind his hands behind his back. Packaging for a knife was found next to Reyes
body and the knife itself was found on the dining room table, both of which bore
Jaramillos prints. The house had been ransacked in an apparent search for valuables;
however, among the numerous latent fingerprints that police discovered, none of them
belonged to Jaramillo.
. ..----.
At trial, Jaramillo testified that he had gone over to the Reyes residence on November
29*h to help Edison Caicedo, Reyes nephew, clean out the garage. Jaramillo wanted to
break down several boxes in order to make them more stackable, so he asked Caicedo for
a knife. Caicedo directed Jaramillo to a bag on the dining room table that contained a.
new knife. Jaramillo stated that he unwrapped the knife, leaving the wrapper on the
table, and once finished using it in the garage, he returned the knife to the table.
Jaramillo, A. 2
Jaramillo reported that he left the Reyes residence at approximately 10:00 p.m. that
night.
A neighbor testified that he heard a series of loud noises, which sounded like fighting,
come from the house around 7:00 p.m. on November 30th. Mr. Breslaw, who lived next
door, reported that he heard what sounded like furniture being pushed around, a scream,
and what could have been a gunshot. When police arrived on the scene during the early
morning hours of 12/02/80, they met Caicedo, who was accompanied by two attorneys.
Since he lived with his uncle Gilbert0 Caicedo Reyes, Edison Caicedos fingerprints were
found all over the house, including the ransacked areas. Caicedo did not testify at
Jaramillos trial, as his whereabouts were unknown at the time.
Jaramillo was convicted of two counts of First-Degree Murder and sentenced to death.
Additional Information:
Jaramillo was arrested on 12/14/80 for allegedly stealing and attempting to use anothers
passport. On 04/14/81, Jaramillo pled guilty as charged and was sentenced to 2.5 years
imprisonment to run concurrent with his death sentences (CC # 80-24540).
Jaramillo was again arrested on 03/13/83 for illegal possession of a firearm and for
receiving ransom money from a kidnapping. He was convicted and sentenced to four
years and two years imprisonment respectively.
Trial Summary:
12/16/80
01/07/81
04/08/8 1
04/08/8 1
04/08/8 1
07/08/82
The defendant was arrested.
Defendant indicted on the following:
Count I: First-Degree Murder
Count II: First-Degree Murder
Count III: Use of a Firearm in the Commission of a Felony
The jury found Jaramillo guilty of two counts of First-Degree Murder, as
charged in the indictment. He was acquitted on Count III: Use of a
Firearm in the Commission of a Felony.
Upon advisory sentencing, a majority of the jury voted that Jaramillo be
sentenced to life imprisonment.
The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: First-Degree Murder - Death
The Florida Supreme Court reversed the convictions and remanded to the
trial court with instructions to discharge Jaramillo.
Jaramillo, A. 3
Appellate Summary:
Florida Supreme Court, Direct Appeal
FSC # 60,570
417 So. 2d 257 (Fla. 1982)
05/04/8 1
07108182
Appeal filed.
FSC reversed the convictions and remanded to the trial court with
instructions to discharge Jaramillo.
Case Information:
On 05/04/8 1, Jaramillo filed a Direct Appeal in the Florida Supreme Court. In that
appeal, he argued that the States case was based entirely on circumstantial evidence, and
that such evidence was insufficient to support his convictions of First-Degree Murder.
Applying the standard set forth in McArthur v. Nourse, the high court noted, "where the
only proof of guilt is circumstantial, no matter how strong the evidence may suggest
guilt, a conviction cannot be sustained unless the evidence is inconsistent with any
reasonable hypothesis of innocence." The only evidence offered by the State to show
Jaramillos guilt was the presence of his fingerprints on several items at the murder
scene. Jaramillo, however, had a reasonable explanation as to how his fingerprints got on
the knife and the wrapper in question. Since forensic experts could not determine that the
fingerprints were left at the time of the murder and not some time before, the States
evidence was not inconsistent with Jaramillos reasonable hypothesis of innocence. As -
such, the Florida Supreme Court reversed the convictions and remanded to the trial court
with instructions to discharge Jaramillo.
Law Enforcement/ Prosecution Statements:
Al Singleton of the Dade County Sheriffs Office provided the following comment on the
Jaramillo case:
Through several informants, it was learned that Jaramillo was an enforcer
(hit man) from Colombia. He was implicated in two separate homicides in 1980,
the first of which involved the shooting death of a woman in November 1980.
Although he was charged with this murder, he was never convicted. The second
murder involved the execution style killing of a couple in South Dade County.
Jaramillos fingerprints were found inside the house on the packaging of
rope/cord. That cord was used to bind the victims hands behind their backs.
Jaramillo was found guilty of the murders, but the Florida Supreme Court ruled
that the evidence was insufficient to support his convictions and ordered an
acquittal. It is the opinion of the Dade County Sheriffs Office that Anibal
Jaramillo was guilty of both homicides.
Jaramillo, A. 4
The State Attorneys Office for the Eleventh Circuit provided the following statement
regarding Jaramillos case:
It is an old case and the original prosecutors are not with the office any longer, but
[our] understanding is that Jaramillo, although the evidence was deemed to be
sufficient by a jury and a judge to convict him of two counts of first-degree
murder (and to sentence him to death), the FSC thought that his fingerprints found
on a knife near the victims bodies and on a grocery bag in the house were
insufficient, as the defendant gave a story that despite the States attempt to rebut
it, was deemed insufficient to refute it. See 417 So. 2d 257 (Fla. 1982). Although
the victims had been shot, one of the victims had their hands tied behind their
back with a cord. The coil of the cord was found next to the packaging of a knife
(the one in which the defendants fingerprints were on). The State had also
prosecuted a codefendant, Jaime Savino, whose fingerprints were found on the
handcuffs used to bind one of the victims. The trial court directed a verdict
against the State saying that was insufficient. It is our Offices position that two
men (one being Jaramillo) got away with a double homicide.
Defense Statements:
Louis Casuso, Jaramillos defense attorney, commented:
1
/I-.
I thought the Court made the correct decision. The only evidence against
Jaramillo was that his fingerprints were found at the scene; however, there was a
reasonable explanation as to why they were there.
Current Status:
Anibal Jaramillo was deported to Colombia subsequent to his release and was murdered
there.
03/07/02 - ew
03/l 2102 - approved - ws
05/29/02 - updated - ew
The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verified prior to use for legal or statistical
purposes.
JENT, William (W/M)
DC# 071840
MILLER, Ernest (W/M)
DC# 071841
DOB: 06/19/56
Sixth Judicial Circuit, Pasco County, Case # 79-847
Sentencing Judge: The Honorable Wayne L. Cobb
Trial Attorneys: Leonard Holton, Esq. & Larry Hersch, Esq.
Attorneys, Direct Appeal: Leonard Holton, Esq., David Davis, Assistant Public Defender
& Larry Hersch, Esq.
Attorneys, Collateral Appeals: Eleanor Jackson Piel, Esq. & Howardene Garrett, Esq.
Date of Offense: 07/l 3179
Date of Sentence: 01/30/80
Circumstances of Offense:
>-
The following statement of the facts of the case was agreed upon by defense and State
counsel:
On the evening of 07/l 2 - 07/l 3/79, William Jent, Samantha Carver, and "Ricky" were
drinking at a railroad trestle on the Lacoochee River, where they were joined by Ernie
Miller, Glenna Frye, John Mortolla, Patricia Tirikaine, and C.J. Hubbard. Sometime
during the party, a woman identified as "Tammy," later identified as Gail Bradshaw,
began fighting with Carver. Hubbard saw Jent and Miller hitting Bradshaw, and Frye
noted that Jent pulled Carver off of Bradshaw, began beating her, and was joined by
Miller, who also began to beat Bradshaw. Miller told Frye to hand him a stick, which
Miller also used to beat Bradshaw. Miller and Jent carried the unconscious Bradshaw to
Millers car, placed her in the trunk, and everyone went to Millers house.
When the group arrived, Bradshaw was taken out of the trunk, laid on the trunk lid, and
raped by four men, including Jent and Miller, while Frye, Tirikaine, and Hubbard
watched. Bradshaw was placed back in the trunk, and the group left, except for Ricky,
who had passed out at Millers house. The group headed to Richloam Game Preserve,
where Bradshaw was taken out of the trunk and laid down on the ground in front of the
car. Bradshaw awoke, but was knocked to the ground by Jent. Miller poured gasoline on
Bradshaw and set her on fire, causing her death.
:-
The State called Hubbard, Tirikaine, and Frye to testify as to the events of that evening,
and their testimony is included in the statement of the facts of the case. The defense
counsel argued that the ability of the States witnesses to accurately testify as to the
details of the murder was impaired by the alcohol and drugs that each of the witnesses
Jent, W. & Miller, E. 2
consumed during the course of the evening. In addition to the drug impairment, the
defense also argued that the States witnesses gave conflicting and inconsistent reports
about the details of the murder, and therefore, the testimony of these witnesses could not
be trusted. The State claimed that the inconsistency in the reports was due to the threats
made by Jent and Miller to the State witnesses.
In addition to witness testimony, the State called forensic experts to testify about a single
hair fragment that was found on a stump where Bradshaws burned body was found. The
hair was not Bradshaws and was found to be microscopically similar to Jents. The
defense countered by stating that the hair analysis was inconclusive due to the fact that
the hair fragment was found four days after the murder and only after numerous
investigative personnel, including police and forensic, had been through the crime scene.
Trial Summary:
08129179 Jent and Miller indicted on one count each of First-Degree Murder
10/l l/79 State filed a Motion to Sever that was granted by the trial court
1 l/l 5/79
1 l/16/79
01/30/80
Jury returned guilty verdict against Miller
By a majority vote, jury recommended a life sentence for Miller
Judge overrode the jurys recommendation and sentenced Miller to death
12120179 Jury returned guilty verdict against Jent
12121179 By a majority vote, jury recommended a death sentence for Jent
01/30/80 Judge sentenced Jent to death
Appeals Summary - William Jent:
Florida Supreme Court - Direct Appeal
FSC# 58,744
408 So.2d 1024
02/29/80 Appeal tiled
12/03/81 FSC affirmed conviction and sentence
U.S. Supreme Court - Petition for Writ of Certiorari
USSC# 8 l-6549
457 U.S. 1111
04/ 16182 Petition filed
06/07/82 USSC denied Petition
Jent, W. & Miller, E. 3
Trial Court - 3.850 Motion
Case# 79-847
07/01/83 Motion filed
07/l 3183 Trial court denied Motion
Florida Supreme Court - 3.850 Motion Appeal
FSC# 63,957
435 So.2d 809
07113183
07/l 8183
Appeal filed
FSC affirmed denial of Motion
U.S. District Court, Southern District - Petition for Writ of Habeas Corpus
USDC# 83-860-Civ-T-13
07/l 5183
1 O/25/84
Petition tiled
USDC denied Petition
U.S. Court of Appeals, llfh Circuit - Habeas Petition Appeal
USCA# 85-3 185
798 F.2d 426
04/01/85
08/l 4186
Appeal filed
USCA vacated and remanded to USDC for reconsideration
U.S. Supreme Court - Petition for Writ of Certiorari (filed by State)
USSC# 86-1050
480 U.S. 901
12122186 Appeal filed
03/02/87 USSC vacated and remanded to USCA
U.S. Court of Appeals, llth Circuit - Habeas Petition Appeal (on remand)
USCA# 85-3 185
06/l 2187 USCA ordered USDC to continue with reconsideration
U.S. District Court, Southern District - Habeas Petition (on remand)
USDC# 85-1910-Civ-T-15
1 l/13/87 USDC granted Petition and new trial ordered
.-
Jent, W. & Miller, E. 4
Appeals Summary - Ernest Miller:
Florida Supreme Court - Direct Appeal
FSC# 58,785
415 So.2d 1262
03/07/80 Appeal filed
03125182 FSC affirmed conviction and sentence
U.S. Supreme Court - Petition for Writ of Certiorari
USSC# 82-5590
459 U.S. 1158
1 O/20/82
01/17/83
Petition filed
USSC denied Petition
Trial Court - 3.850 Motion
Case# 79-847
06124183
07/l 3183
Motion filed
Trial court denied Motion
Florida Supreme Court - 3.850 Motion Appeal
FSC# 63,958
435 So.2d 813
07113183
07/l 8183
Appeal filed
FSC affirmed denial of Motion
U.S. District Court, Southern District - Petition for Writ of Habeas Corpus
USDC# 83-849-Civ-T-15
07/l 4183
1 O/25/84
Petition filed
USDC denied Petition
U.S. Court of Appeals, llfh Circuit - Habeas Petition Appeal
USCA# 85-3 175
798 F.2d 426
03/15/85 Appeal filed
08114186 USCA reversed and remanded Petition
Jent, W. & Miller, E. 5
U.S. Supreme Court - Petition for Writ of Certiorari (filed by State)
USSC# 86-1050
480 U.S. 901
12122186 Appeal filed
03/02/87 USSC vacated and remanded
U.S. Court of Appeals, llfh Circuit - Habeas Petition Appeal (on remand)
USCA# 85-3 175
06/12/87 USCA ordered USDC to continue with reconsideration
U.S. District Court, Southern District - Habeas Petition (on remand)
USDC# 86-98-Civ-T-13
1 l/13/87 Petition granted and new trial ordered
Death Warrant Information:
06123183
07/l 8183
Warrants issued for Jent and Miller and executions set for 07/l 9/83
Stays issued by USDC
Clemency Hearing:
0313 l/83 Clemency hearings held (denied)
Case Information - Jent:
Jent filed a Direct Appeal with the Florida Supreme Court on 02/29/80, citing the
following trial court errors: failure to provide him with transcripts of grand jury
testimony; failure to grant a motion for continuance; insufficiency of evidence; failure to
exclude cameras from the courtroom; inability to identify the victim; denial of motion for
a new trial, based on new evidence; improper limiting of mitigating evidence; and
unconstitutionality of the cold, calculated, and premeditated aggravating circumstance.
The FSC affirmed the conviction and sentence on 12/03/81.
Jent filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/16/82 that
was denied on 06/07/82.
Jent filed a 3.850 Motion with the Trial Court on 07/01/83 that was denied on 07/13/83.
Jent tiled a 3.850 Motion Appeal with the Florida Supreme Court on 07/13/83, citing
errors in failure to hold an evidentiary hearing regarding prosecutorial misconduct, failure
to find his counsel ineffective, and denial of due process due to the speed of the
proceeding. The FSC affirmed the denial of the 3.850 Motion on 07/18/83.
Jent, W. & Miller, E. 6
Jent filed a Petition for Writ of Habeas Corpus with the U.S. District Court on 07/l 5183,
citing numerous claims of ineffective assistance of counsel, as well as failure to provide
him with transcripts of grand jury testimony. The USDC denied the Petition on 1 O/25/84.
Jent filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals on
04/01/85. On 08/14/86, the USCA vacated the USDCs decision and remanded to
reconsider the claim involving the transcripts of grand jury testimony.
The State filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/22/86.
On 03/02/87, the USSC granted the Petition, vacated the USCAs decision and remanded
for reconsideration.
On 06/12/87, the USCA ordered the USDC to continue to reconsider the case.
On 1 l/l 3187, the USDC granted the Habeas Petition and ordered a retrial.
Case Information - Miller:
Miller filed a Direct Appeal with the Florida Supreme Court on 03/07/80, citing the
following trial court errors: failure to provide him with transcripts of grand jury
testimony; insufficiency of evidence; inability to identify the victim; denial of motion for
r-
a new trial, based on new evidence; improper limiting of mitigating evidence; and
unconstitutionality of the cold, calculated, and premeditated aggravating circumstance;
failure to suppress a fellow inmates statement; and erroneous override of the jurys
recommendation of life imprisonment. The FSC affirmed the conviction and sentence on
03/25/82.
Miller tiled a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/20/82
that was denied on 01/l 7/83.
Miller filed a 3.850 Motion with the trial court on 06/24/83 that was denied on 07/13/83.
Miller filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/13/83, citing
errors in failure to hold an evidentiary hearing regarding prosecutorial misconduct, failure
to find his counsel ineffective, and failure to allow Miller to amend the Motion. The FSC
affirmed the denial of the Motion on 07/l 8/83.
Miller filed a Petition for Writ of Habeas Corpus with the U.S. District Court on
07/l 4183, citing numerous claims of ineffective assistance of counsel, as well as failure to
provide him with transcripts of grand jury testimony. The USDC denied the Petition on
10/25/84.
Miller filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals
on 03/l 5/85. On 08/l 4186, the USCA vacated the USDCs decision and remanded to
reconsider the claim involving the transcripts of grand jury testimony.
Jent, W. & Miller, E. 7
The State filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/22/86.
On 03/02/87, the USSC granted the Petition, vacated the USCAs decision and remanded
for reconsideration.
On 06/12/87, the USCA ordered the USDC to continue to reconsider the case.
On 1 l/13/87, the USDC granted the Habeas Petition and ordered a retrial.
Law Enforcement/Prosecution Statements:
Bernie McCabe, State Attorney for the 6th Judicial Circuit, had the following statement
regarding the Jent and Miller case:
Contrary to later assertions, neither Miller nor Jent had an alibi for the time of the
murder nor was there any substantial evidence that the murder had not occurred
on the date initially testified to by the States eyewitnesses. According to
eyewitnesses, the murder took place sometime during the evening of the 1 2th or
the morning of the 13*. Miller initially told Detective Armstrong that he and Jent
had gone to the Renegades Club House in Tampa on the morning of Friday the
13*. He then told Armstrong that he might have stayed home on Friday the 13th
or might have gone to the "swing" (the location of the party by the river where the
incident began) that.night. In a taped statement to a Tampa officer, Jent admitted
that the victim had been with him and Miller the night of the murder and that she
had been in their car and in Millers house.
Sometime after the crime, Armstrong, a detective with little homicide experience
who had been assigned to assist in the investigation, had interviewed a family
who had been picnicking near the river on Friday the 13h about 250 yards from
where the body lay in the woods and two other individuals who were fishing
about a quarter of a mile down the river. Although he had no logical basis to
reach such a conclusion, Armstrong wrote a report hypothesizing that since these
individuals had not noticed the body, it was likely placed there after Friday
afternoon. While this detectives failure to report this "conclusion" to the defense
was one of the bases for the Federal Courts decision to grant a new trial, the
witnesses themselves, once they were advised of the actual location of the body,
indicated that they would not have seen it from their locations.
The State was preparing to retry both defendants, but agreed to accept a plea to
the lesser charge of second degree murder, accompanied by a sworn
acknowledgment of guilt. Factors involved in this decision included the fact that
the hair fragment identified with Jent had been lost or destroyed by the clerks
office, that Jents taped statement to the Tampa police had not been preserved,
that eyewitnesses had changed their testimony and that corroborating witnesses
could no longer be located.
Jent, W. & Miller, E. 8
!---
The State would also disagree with collateral defense counsels assertion that Dr.
Ronald Wright testified that the testimony of eyewitnesses was "impossible".
Wright testified in the State post conviction proceedings and offered a varying
opinion as to cause of death. He did not testify that the eyewitnesses testimony
that the body moved was impossible, but instead proposed an alternative
explanation that the described movement could have been the result of the
shortening of the muscles due to burning rather than a voluntary motion by the
victim while she was still conscious. He also acknowledged that the case
presented a "close question" and that other reasonably trained forensic
pathologists could differ as to whether the victim was alive or dead at the time of
the fire. Thus, while his testimony may have disputed the existence of an
aggravating factor, it was not significantly relevant to the defendants guilt or
innocence.
Defense Statements:
Howardene Garrett, collateral appeals attorney for Ernie Miller, had the following
statement regarding the Jent and Miller case:
Ms. Garrett stated that the condition of the body of the victim, particularly the larynx,
contradicted the statements of two of the female witnesses to the murder. Garrett noted:
Of special importance was the condition of the throat, because the two women
had added to their initial testimony the detail that the victim had tried to raise
herself right before she was immolated. This was important because it would
show consciousness and therefore awareness of pain, adding the important
aggravating factor that the victim needlessly suffered and the crime was therefore
heinous, atrocious, and cruel. . . . [the Broward County Medical Examiner at the
time, Dr. Ronald Wright concluded] "the testimony of the two women was
physically impossible, because the victim was unconscious and probably dead
when set on fire.
Ms. Garrett also commented as to the veracity of the statements of the two female
witnesses to the murder. The defense counsel investigator:
was able to track down the young women who had testified. Even more amazing
was the fact that both women recanted their testimony. Both were interviewed on
camera by the television program 20120, which aired a segment on this case, and
told of how the detectives had intimidated them into giving testimony, telling then
how the crime had supposedly happened and then encouraging then to testify
accordingly to avoid their own prosecution.
.P-.
Ms. Garrett also commented on the alleged tactics of the State in this case. According to
Garrett, "This case is by no means unique. The death penalty pushes law enforcement
investigators and prosecutors harder for conviction, and, being human, they can and do
sacrifice proper procedure and ethics to get convictions."
Jent, W. & Miller, E. 9
/? Current Status:
Prior to the retrial, Jent and Miller pled guilty to Second-Degree Murder, were sentenced
to time already served, and were released from prison on 01/20/88.
There is no information available as to Jent or Millers criminal history subsequent to
their release.
Alternate Prosecuted Suspect:
Elmer Carroll, a cousin of Bradshaw, alleged that Bradshaws boyfriend, Bobby Dodd,
committed the murder. When questioned by police, however, Carroll recanted the
statement. When Carroll was to be sentenced for a separate child molestation charge, he
again implicated Dodd in the Bradshaw murder. During a hearing on a motion for a new
trial for Jent and Miller, Carroll again recanted his allegation. Carrolls family came
forward with testimony that Carroll had admitted to lying about Dodds involvement, and
that Carroll had first came forward with the allegation against Dodd in exchange for
money and drugs from the families of Jent and Miller. However, the State did uncover
inmates who claimed that Dodd had implicated himself, along with Jent and Miller, in the
murder of Bradshaw.
Report Date: 03/29/02 JFL
P
Approved: 04/04/02 WS
Updated: 06/ 18102 JFL
The Commission on Capital Cases has compiled this information using a variety of
sources. Every attempt has been made to ensure the accuracy of this summary,
however, this information should be verijiedprior to use for legal or statistical
purposes.
KEATON, Dave Roby (B/M)
DC# 030350
DOB: 02105152
Second Judicial Circuit, Leon County, Case # 6366
Sentencing Judge: The Honorable Guyte P. McCord, Jr.
Trial Attorney: Harry L. Michaels, Private
Attorneys, Direct Appeal: Kent Springs, Paul L. Ross, James Reif, Morton Stavis,
Margaret Ratner, Private
Date of Offense: 09/l 8J70
Date of Sentence: 05/l l/71
Circumstances of the Offense:
At approximately 2:30 p.m. on September 18, 1970, two deputy sheriffs assigned as
jailors of Leon County, Thomas Revels and Hallie M. Carroll, entered Lukes Store to
make a purchase. Three armed black males, who were in the process of robbing the store,
ordered the two unarmed officers to the east side of the building and directed them to lie
down on the floor with the four other victims of the robbery. After taking the deputies
money, one of the black males stated, "We are going to kill everybody in here and start
with the women." Deputy Revels jumped to his feet and grabbed one of the assailants and
a struggle ensued. Deputy Revels was shot under the left armpit and in the back of the
head. Deputy Carroll attempted to aid Deputy Revels, and he was shot once in the
stomach and once in the mouth. Deputy Carroll survived the attack; however, Deputy
Revels died as a result of his wounds.
Five defendants were indicted for the felony murder described above: Keaton, Johnny
Frederick, Alphonso Figgers, Johnny Lee Bums, and David Charles Smith, Jr. and
Frederick. These five defendants were known as "the Quincy Five." Keaton and
Frederick were tried together while a severance was granted for a separate trial for the
other three defendants because Keaton and Frederick had given written statements that
implicated Smith, Bums, and Figgers. Keaton gave three separate confessions to different
officers on different days, two of which were recorded. Frederick also gave an oral
confession to law enforcement officers. Frederick reenacted the crime and explained how
he, Keaton, and the other defendants committed the robbery. Frederick stated that the car
belonging to the Quincy Five was parked around the side of Lukes Store prior to the
robbery.
After the trial of Keaton and Frederick, but before Smiths trial, three more defendants
were indicted for the murder of Deputy Sheriff Thomas Revels based on latent
Keaton, D. 2
fingerprints found at the scene. These individuals were John Allen Mitchell, James
Fussell, and Jessie Henry Damon, These defendants were called "the Jacksonville Three."
The evidence presented at "the Jacksonville Threes" trial was exculpatory to the trials of
"the Quincy Five. " Due to the fact that Smith had not yet been tried, the evidence
implicating three additional suspects was utilized in his defense. No fingerprints from any
of "the Quincy Five" were found at the scene, because as Keaton stated in his
confessions, he and Smith wore gloves.
During the original trial, Keaton, Frederick, Bums, and Smith were identified by
eyewitnesses as participants of the robbery. Deputy Carrel identified Smith as the
shooter. In all of the trials, the evidence reflected that Lukes store was approximately
4,000 square feet and contained various entrances. These factors made it impossible to
see everyone within the establishment, a fact that was mirrored in the eyewitness
testimonies. Different eyewitnesses saw different robbers at different times in different
number combinations ranging from 1 to 5. The same eyewitnesses identified four of the
"Quincy Five" at all of the trials as participating in the robbery, two of which specifically
identified Keaton as one of the robbers.
Additional Information:
Keaton was indicted on unrelated charges of two counts of Armed Robbery and one
count of Assault with Intent to Commit First-Degree Murder on January 18, 1971. On
/---
lOJ13J72, he pled no contest to the charges and was sentenced to two concurrent twenty-
year sentences. In his statement, Keaton admitted his guilt. He was released and paroled
on 07/24/79 and his parole was terminated on 09109181.
Codefendant Information:
Johnny Fredrick was tried with Keaton and found guilty. The jury recommended mercy
for Fredrick, who, consequently was sentenced to life. The sentence and conviction were
overturned.
Johnny Lee Bums was found incompetent and did not stand trial. He was committed to
the State Hospital.
Alphonso Figgers case was nolle prossed due to insufficient evidence. Figgers is
currently serving a life sentence for Robbery with a Firearm.
A jury tried David Charles Smith, Jr. after the conviction of "the Jacksonville Three."
Smith was acquitted of all charges.
John Allen Mitchell was tried by a jury and found guilty on January 14,1972. The jury
recommended mercy; therefore, Mitchell was sentenced to life.
Jessie Henry Damon was tried by a jury and found guilty on December 16,197l. The
r jury recommended mercy; therefore, Damon was sentenced to life.
Keaton, D. 3
A jury tried James Fussell. He was found guilty on April 7, 1972. The jury did not
recommend mercy, and Fussell was sentenced to death.
Trial Summary:
01/28/71
05/06/7 1
05/l l/71
The defendant was indicted for First-Degree Murder. The defendant pled
not guilty.
The defendant was found guilty.
A majority of the jury did not recommend mercy; therefore, the defendant
received an automatic death sentence due to the law at the time.
Retrial Information:
02121173 FSC remanded the case for a new trial
07/l 9173 The State Attorney nolle prossed the case
Appeal Summary:
Florida State Supreme Court, Direct Appeal
FSC# 4123 1
273 So. 2d 385
0512817 1
0712 1 I72
09/08/72
1 l/14/72
0212 1 I73
03/l 5/73
Appeal filed.
FSC relinquished jurisdiction to the Circuit Court for an evidentiary
hearing.
Defendants sentence was converted to life, as per the Anderson v. Florida
decision.
Circuit Court stated that a new trial was needed.
FSC remanded for new trial.
Mandate issued.
Case Information:
Keaton filed a Direct Appeal with the Florida Supreme Court on 05128171. Keatons
sentence was converted to life based upon the rulings of Furman v. Georgia and
Anderson v. Florida. Frederick filed a 3.850 Motion in the Circuit Court alleging that the
existence of newly discovered evidence was withheld by the State. The evidence
connected the "Jacksonville Three" to the crime. This evidence was presented by the
defense in the trial of a codefendant, Smith. The state made a motion to the Florida
Supreme Court to relinquish jurisdiction of Keatons case to the Circuit Court for
consolidation with Fredericks motion. On 07/22/72, the Florida Supreme Court
relinquished jurisdiction of the case and, on 1 l/14/72, the Circuit Court ruled that a new
..-. In Anderson v Florida, the Florida Supreme Court held that the reduction of sentence dictated by Furman
v. Georgia did not divest the courts jurisdiction over capital appeals pending at the time Furman was
decided.
Keaton, D. 4
trial was needed. On 02/21/73, the Florida Supreme Court adopted the Circuit Courts
recommendation and vacated Keatons judgment and sentence.
The Florida Supreme Court remanded the case for a new trial; subsequently, the State
Attorney decided to nolle prosse the case. The factors contributing to the decision not to
prosecute were as follows: (a) the crime was no longer a capital crime due to a change in
legislation, (b) Keaton, who was not the triggerman, was already serving 20 years for
another robbery case, and (c) several of the eyewitnesses were physically ill and further
trials could possibly contribute to the additional deterioration of their health.
Prosecution/Law Enforcement Statement:
Harry Morrison, the State Attorney who tried the case, passed away in 1980. The
following are excerpts from the Nolle Prosequi that Mr. Morrison filed when he chose
not to retry the case:
In the course of this first trial the confessions of Keaton and Frederick were duly
admitted into evidence.
.
Mr. Keaton implicated himself and the four other defendants.
Mr. Frederick implicated himself and the four other defendants
Mr. Keaton first gave an oral, confession to a State officer, namely special -
agent Joe Townsend of the Florida Department of Law Enforcement. This statement
was given on January 13, 1971. Almost immediately thereafter, on the same date,
Keaton gave a detailed recorded confession to Lt. Melvin Terry of the Leon County
Sheriffs office. This statement was witnessed by deputy sheriff Charles Landrum.
On the next day, January 14, 1971, Capt. Lavelle Pitts of the Leon County Sheriffs
took an even more detailed recorded confession from the defendant Keaton.
In one of his statements Keaton indicated that he and Smith wore gloves so as to leave
no fingerprints.
The defendant Frederick also first orally confessed to the same officer, Mr. Townsend,
on January 14, 1971, the defendant Frederick also gave a recorded statement in detail to
Lt. Terry, which was witnessed by Capt. Pitts.
In his statement Frederick stated that the car they were riding in was parked around
the side of Lukes Store prior to the robbery.
Lt. Terry testified how in January 15, 1971, he and deputy sheriff Landrum were
accompanied by Johnny Frederick who reenacted in minute detail the route by which
Frederick and the other named defendants came to Tallahassee from Quincy on the
afternoon of the robbery.
Lt. Terry testified how Frederick located and pointed out the Jr. Food Store quick
service center, 2411 Jackson Bluff Road, where the tape used to bind the victims was
purchased.
Mrs. Dorothy Lindsay, manager of this Jr. Food Store, identified the tape found in the
Luke Store and testified at the trial that it was purchased from her by four black males
about the time of the robbery.
Keaton, D. 5
In the course of this first trial defendants Keaton and Frederick, as well as
defendants Burns and Smith, were definitely identified by witnesses as participants in
the robbery resulted in the death of deputy sheriff Revels.
In this first trial, and in four subsequent separate trials of other defendants charged
with the same crime, defendant David Charles Smith was identified by Mr. Carroll as
the trigger man who actually pulled the trigger of the pistol which killed Mr. Revels.
It will be noted that many unidentified fingerprints were developed in the Luke Store
during the original investigation of this robbery and murder.
Later, during the year 1971, the State Attorney was given the name of three additional
suspects for fingerprint comparison with these latents developed and listed at the scene of
the crime. The fingerprints of these suspects were compared with certain latents at the
specific locations in the store, and on articles, which were obviously handled by the
robbers in the store.
The latent fingerprints of one Henry Damon were developed from scattered cartons of
cigarettes found in the floor under the cash register; also Damons prints were lifted from
a jar of pennies in the store office and from the filing cabinet in the same office.
The latent palm prints of one John Allen Mitchell were developed from an outside
wrapper of a pack of hose found among several packages of scattered hose recovered
from the east aisle of the store. Also Mitchells fingerprints were on the outside cover of
an unopened package of hose found in the floor at another location further back in the
same east aisle.
The latent fingerprints of John Allen Mitchell and James Fussell were developed from
a brown paper sack containing two rolls of tape found on the frozen food counter
adjacent to the east aisle.
The latent fingerprints of Fussel were also found on one of four different
packages of hose picked up by an officer who originally investigated the crime
scene (All of the above allegations with reference to the fingerprints of Damon,
Mitchell and Fussell were later brought out by sworn testimony at their
subsequent trials.)
Further investigation developed evidence indicating that John Allen Mitchell,
James Fussell and Jessie Henry Damon were traveling together in Tallahassee at the
time of the robbery and were prime suspects in the same robbery resulting in the
death of Mr. Revels.
The State proved "The Jacksonville 3" guilty by circumstantial evidence, and
beyond a reasonable doubt they were all personally present and participating in the
same robbery even though they were not actually seen or recognized by eye
witnesses.
The evidence in all of these trials reflected that Lukes store contained an estimated
4000 square feet of floor space with various entrances including doors on the east, north
and south; that it was heavily loaded with aisles of merchandise making it impossible for
persons in the store to see everyone else who may be moving about in this store. The
evidence at each trial clearly reflected that the various eye witnesses saw different
robbers at different times ranging in different numbers from 1 to 5. The number they saw
depended on the location of the witnesses and the restrictions imposed on them by these
robbers who were armed and threatening to kill the witnesses if they attempted to look up
and identify the robbers.
Keaton, D. 6
In all of the above cases, beginning with the first trial, of Keaton and Frederick, of,
the "Quincy 5" and in each of the three separate trials of "The Jacksonville 3"
substantially the same eye witnesses appeared and testified under oath and definitely
identified four of the "Quincy 5" defendants as also participating in the same robbery
which resulted in the murder of Mr. Revels
These witnesses included Mrs. Gwynn Phillips, Mrs. P. B. Deter, Mr. Hallie
M. Carroll, Mr. Luther W. Adamson, Mr. Cleo Simmons and Mrs. Dorothy
Lindsay.
These same witnesses gave sworn testimony in five separate trials that put four of
the "Quincy 5" defendants, including Keaton and Frederick, at the scene and
participating in the robbery that led to the death of Mr. Revels. The fifth man in the
"Quinsy 5" group, namely, Alphonso Figgers, was tentatively identified by Mrs.
Phillips as also being there and this defendant Figgers was also implicated in the
confessions of Keaton and Frederick which were received in evidence at their first
trial
/---
It was the States theory and argument to the court and jury in each trial of "the
Jacksonville 3" and in the later trial of David Charles Smith, Jr. that the subsequent
identification of additional defendants did not exonerate the "Quincy 5"; that this was
simply additional evidence leading to the identification of additional participants in the
same crime and did not affect the guilt or innocence of the "Quincy 5"; that the evidence
showed that the car of "The Jacksonville 3" was backed into a side street east
of the store; both the Quincy 5" and "the Jacksonville 3" were all there in two
automobiles in which they made their escape following the robbery.
That was also this State Attorneys contention in all other proceedings dealing with the
question of a new trial for defendants Keaton and Frederick.
In making the decision to enter this nolle prosequi in the case of Keaton and
Frederick, it should be noted that the State Attorney is not obliged to present all charges
which the evidence might support; neither is he obliged to prosecute all defendants
against whom evidence exists which would support a conviction.
It is well established that the prosecutor may in some circumstances and for
good cause decline to prosecute a defendant notwithstanding that evidence exists
which would support his conviction
It is interesting to note that this particular case is no longer a capital crime.
While the legislature has since enacted a new capital crimes law, this particular case
falls within the category of a non-capital. If it was tried it would be before a six-may
jury. Keaton, who was not the triggerman, is already serving 20 years for robbery in
another case imposed in Leon County, October 13, 1972.
So the question arises as to whether further prosecution of Keaton would serve
any good purpose consistent with the public interest since he is already serving 20 years
in the State prison. In fact, all eight of the defendants charged with the murder of Mr.
Revels have been removed from society for some time as follows:
1. Dave Roby Keaton is currently serving a sentence 20 years
imposed 1 O/l 3/72 in Leon County for robbery
2. Alphonso Figgers is currently serving a sentence of life on one count of
robbery and 15 years on a second count of robbery, both to run concurrently; he was
Keaton, D. 7
sentenced from Jackson County 10/13/72; still wanted by U.S Government for
violation of gun law; detainer placed.
3 David Charles Smith, Jr. is currently serving two sentences of 25 years
each from Leon County for robbery, and 10 years from Gadsden County for bombing a
power plant; all of said sentences will run concurrently but will not run concurrently
with any other sentences he may receive in the Federal court. He is presently wanted by
US Government for violation of gun law; detainer placed; also wanted by Jackson
County for robbery;
detainer placed
4. Johnny Lee Bums is reported incurably insane and has been
committed to the State Hospital at Chattahoochee since early 1971.
5. Jessie Damon is currently serving a sentence of life in the State prison
from Leon County for the murder of Mr. Revels.
6. John Allen Mitchell is currently serving a sentence of life in the
State prison from Leon County for the murder of Mr. Revels.
7 James Fussell is currently serving a sentence of life in the State prison
from Leon County for the murder of Mr. Revels
8. Johnny Frederick is currently serving a sentence of life in the State
prison imposed May 1, 1971, for the murder of Mr. Revels, he has been
granted a new trial and this nolle prosequi will have the effect of releasing
him. It as noted, however, that Johnny Frederick has not been identified as
a member of the gang that Smith, Keaton, Burns and Figgers were
associated with. He has no known criminal record. In his confession he
declared he was outside in the car and was not actually participating in the
robbery as such which resulted in the death of Mr. Revels. There is no
evidence that his release at this time would necessarily be against the
public interest
Another factor to consider is the continuing expense to the State. This case will
obviously be appealed by attorneys for the defendants in the event of a second conviction
of either of them.
But a most important factor which the prosecutor may properly consider in
exercising his discretion deal with witnesses.
These cases have already been tried five times in two years, or since May 3, 197 1.
Each trial was about one week: this retrial could be stretched longer than that. Many of
the same witnesses have been summoned for each trial; on each of these occasions they
have been very willing, cooperative and patient, although their appearance was always at
great discomfort inconvenience and expense to themselves.
One had a heart attack before the first trial, although she has since appeared at
subsequent trials. Two other very material eyewitnesses are ill. The latter two have
testified in five trials and were ill when they testified in the last trial. A continuance of the
Keaton and Frederick re-trial to permit their recovery would serve little if any purpose.
The doctor for one of them has advised that his patient is unable to testify even though
she has agree to cooperate and try to do so.
An affidavit from the doctor for one material eyewitness reflects that her further
appearances in his opinion will deteriorate her existing condition and damage her
physical and mental health. It is doubtful if a conviction could be obtained without her.
Keaton, D. 8
;f----.
While she is willing to try to do so, she cannot assure the State that she will be able to do
so.
The undersigned State Attorney feels an obligation to these witnesses in making
the decision to enter this nolle prosequi. The conviction of Keaton and Frederick for
any of the several offenses embraced within the indictment is not worth taking a
chance of injuring the health of one single witness.
THEREFORE, the undersigned State Attorney respectfully says that the case of State of
Florida vs. Dave Roby Keaton and Johnny Frederick is nolle prosequi
04/08/02
04/l 2102
05/23/02
Letter sent to Leon County Sheriffs Department requesting comment.
Received case information; however no statement was provided.
Placed telephone call to Leon County Sheriffs Department. Receptionist
will have an individual who is familiar with the case return the call. No
comment had been received as of 05/28/02.
Defense Statement:
Trial attorney (defense), Harry Lewis Michaels, made the following comments in regard
to the Dave Roby Keaton case:
"I never did believe that the eye witness testimony was that strong and convincing. It was
confusing. However, even without the confessions, the testimony probably would have
been sufficient to convict.
The lack of fingerprints of any of the five defendants was, of course, strongly argued by
the defense.
The confessions bothered me from the outset. Keaton did not present the usual
accusations, such as threats, beatings, etc. He said that after awhile he just threw up his
hands and said: "if you say it was that way, it must have been." It was not until the trial
that I got the revelation as to what occurred during the interrogation.
The polygraph operator is the one who obtained the confession. It was through trickery,
chicanery, lying by the operator, deviousness and just plain unethical conduct, that a
confession was obtained. I had nothing but contempt for this state witness. Judge McCord
expressed concern over the methods used in obtaining the confession, but, after
considerable deliberation, did allow the confession into evidence.
Up until the trial I had believed the confessions were probably voluntary. Keaton and his
mother at one point expressed concern that I did not believe in his innocence and
questioned whether I should be representing him. I devoted five months almost
exclusively to this court appointed task. My partners took over my workload at my law
firm. So regardless of Keatons concern, I gave it all I had on his behalf. As the trial
progressed, coerced through fraud and trickery, no fingerprints and shaky eye witness
testimony.
Keaton, D. 9
I followed the "Jacksonville Three" case with great interest. The fact that not any of the
"Quincy Five" were on the premises all were innocent of that robbery and murder, shows
how our criminal justice system just fails us at times. The confession should not have
been admitted into evidence. The death penalty should not be given on shaky eye witness
testimony."
Current status:
Subsequent to his release, Keaton was arrested on a DUI charge. NCIC does not show
any other arrests.
03/05/02 NMP