FLORIDA DEATH CASES WHERE NON-STATUTORY MITIGATORS WERE FOUND

A Chronological List, by Date of Sentence

This update: 9/1/03; 205 pages

Compiled by Terry Farley Walsh under the direction of :

Dr. Michael Radelet

Department of Sociology

219 Ketchum; 327 UCB

University of Colorado

Boulder, Colorado 80309

303-735-5811 (office)

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Defendant's name: WILLIE DARDEN

Sentenced to death on 01/19/74 in Citrus County

Trial Counsel: RAYMOND TODD GOODWILL (public defender)

Trial judge JOHN DEWELL found 2 non-statutory mitigators:

Good prison record from previous incarcerations

Unwavering declaration of innocence

DIRECT APPEAL: affirmed on 02/18/76 at 329 So2d 0287

STATUS: Executed 03/15/88

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Defendant's name: THOMAS HALLIWELL

Sentenced to death on 05/03/74 Hillsborough County

Trial Counsel: JAMES S. PARHAM (privately retained)

FSC on direct appeal found mitigating factors that trial judge HERBOTH S. RYDER failed to find including 2 non-statutory:

Highly decorated Green Beret in Vietnam war

Under emotional strain over the mistreatment of Sandra Tresch and was greatly influenced by her

DIRECT APPEAL: reduced to life on 12/03/75 at 323 So2d 0557

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Defendant's name : FRANZ PETER BUCKREM

Sentenced to death on 05/15/75 in Sarasota County

Trial Counsel: GALE K. GREENE (privately retained)

FSC on direct appeal found mitigating factors that trial judge

ROY E. DEAN failed to find including 3 non-statutory:

Drinking the night the homicide was committed

Previous altercation with victim and was obviously disturbed

Was gainfully employed

DIRECT APPEAL: reduced to life on 01/26/78 at 355 So2d 0111

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Defendant's name: GLEN MARTIN

Sentenced to death on 10/10/75 in Volusia County

Trial Counsel: LOUIS OSSINSKY (privately retained)

Trial judge URIEL BLOUNT found 1 non-statutory mitigator:

Suffers from sickle cell anemia

DIRECT APPEAL: remanded for new trial on 06/02/78 at 360 So2d 0396

STATUS: Pled to second degree and resentenced to 20 years

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Defendant's name : RODNEY MALLOY

Sentenced to death on 05/01/76 in Polk County

Trial Counsel: DENNIS MALONEY (public defender)

FSC on direct appeal found a basis for jury recommendation of life that Trial Judge ROY E. DEAN overrode:

"... the conflict in the testimony as to who was actually

the triggerman and because of the plea bargains between

the accomplices and the State."

DIRECT APPEAL: reduced to life on 12/20/79 at 382 So2d 1190

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Defendant's name: SONIA JACOBS

Sentenced to death on 08/20/76 in Broward County

Trial Counsel: RAY SANDSTROM (court appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge M. DANIEL FUTCH JR. overrode:

Mother of two children

Passive role, under influence of lover

May have perceived as necessary to protect family

DIRECT APPEAL: reduced to life on 03/26/81 at 396 So2d 0713

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Defendant's name: JACK NEARY

Sentenced to death on 04/20/77 in Broward County

Trial Counsel: RICHARD SACCOCIO (court appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge HOWARD TYSON overrode:

Disparate sentence with accomplices

Relative involvement

Slow learner, needed special assistance in school

Grew up without father, raised by mother

DIRECT APPEAL: reduced to life on 05/15/80 at 384 So2d 0881

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Defendant's name: GEORGE KILPATRICK

Sentenced to death on 05/16/77 in Gadsden County

Trial Counsel: THOMAS PRESNELL (public defender)

Trial judge CHARLES MINER found 1 non-statutory mitigator:

Mildly mentally retarded

DIRECT APPEAL: remanded for new trial on 07/18/79 at 376 So2d 0386

STATUS: not resentenced to death

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Defendant's name: JOHN BARFIELD

Sentenced to death on 03/03/78 in Duval County

Trial Counsel: LACY MAHON (privately retained)

FSC on direct appeal found a basis for jury recommendation of life that trial judge DOROTHY PATE overrode:

Disparate treatment

DIRECT APPEAL: reduced to life on 06/11/81 at 402 So2d 0377

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Defendant's name: DURHAM STOKES

Sentenced to death on 08/25/78 in Orange County

Trial Counsel: RAYMOND COOLEY (court appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge CECIL H. BROWN overrode:

Disparate treatment

DIRECT APPEAL: reduced to life on 07/16/81 at 403 So2d 0377

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Defendant's name: DAVID DELAP

Sentenced to death on 02/16/79 in Okeechobee County (originally sentenced to death on 02/27/76 but remanded for new trial on direct appeal on 9/29/77 at 350 So2d 0462)

Trial Counsel: RUSSELL J. FERRARO (court appointed)

Trial judge PHILLIP G. NOURSE found 1 non-statutory mitigator:

"Defendant's behavior at his second trial and during his stay on death row was acceptable. Perhaps there was some remorse."

DIRECT APPEAL: affirmed on 09/15/83 at 440 So2d 1242

STATUS: remanded for resentencing by the FDC on 10/13/87, sentenced to life

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Defendant's name: THOMAS MCCAMPBELL

Sentenced to death on 04/24/79 in Escambia County

Trial Counsel: MIRIAM PTOMEY (court appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge GEORGE LOWREY overrode:

Exemplary employment record

Prior record as model prisoner

Positive traits, rehabilitation potential

Family background

Disparate treatment

DIRECT APPEAL: reduced to life on 10/28/82 at 421 So2d 1072

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Defendant's name: PAUL SCOTT

Sentenced to death on 12/14/79 in Palm Beach County

Trial Counsel: GEORGE BARRS (public defender)

Trial judge VAUGHN J. RUDNICK found 2 non-statutory mitigators:

Came from a broken home in a ghetto area and raised in poverty

His father, a career Navy man, promised to take him away from the filth in which he was being raised and after raising his hopes, walked away without reason, leaving him emotionally devastated

DIRECT APPEAL: affirmed on 03/11/82 at 411 So2d 0866

STATUS: on death row in post-conviction appeals

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Defendant's name: ELWOOD BARCLAY

Sentenced to death on 04/18/80 in Duval County

(originally sentenced to death on 04/10/75 but remanded for Gardner hearing on 09/07/78 at 362 So2d 0657)

Trial Counsel: FREDERIC BUTLER (court-appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge R. HUDSON OLLIFF overrode:

Relative involvement

DIRECT APPEAL: affirmed on 06/04/81, granted a new direct appeal from a state habeas on 01/19/84 at 444 So2d 0956, and reduced to life 06/11/81 at 402 So2d 0377

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Defendant's name: RICKY WASHINGTON

Sentenced to death on 09/15/80 in Broward County

Trial Counsel: DEWEY REIS (privately retained)

FSC on direct appeal found a basis for jury recommendation of life that trial judge JOSEPH PRICE overrode:

" ... character as testified to by members of his family."

DIRECT APPEAL: reduced to life on 05/19/83 at 432 So2d 0044

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Defendant's name: PAUL MAGILL

Sentenced to death on 01/26/81 in Marion County

Trial Counsel: PATRICK DOHERTY (privately retained)

Trial judge WILLIAM T. SWIGERT found 1 non-statutory mitigator:

Father died suddenly almost precisely one year prior to the crime - Magill had been very close to his father and was devastated when he died.

DIRECT APPEAL: affirmed on 03/10/83 at 428 So2d 0649

STATUS: 11th Circuit remanded for resentencing on 7/28/87, at 824 F2d 0879

Resentenced to life on 5/06/88

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Defendant's name: DERWIN NORRIS

Sentenced to death on 03/11/81 in Hillsborough County

Trial Counsel: RICHARD EDWARDS (public defender)

FSC on direct appeal found a basis for jury recommendation of life that trial judge HARRY LEE COE III overrode:

Drug abuse problem

Claimed intoxication

DIRECT APPEAL: reduced to life on 02/03/83 at 429 So2d 0688

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Defendant's name: LARRY MANN

Sentenced to death on 03/26/81 in Pinellas County

Trial Counsel: SUSAN SCHAEFFER / PATRICK DOHERTY (court appointed)

Trial judge PHILIP A. FEDERICO found 1 non-statutory mitigator:

Suffers from psychotic depression and feelings of rage against himself because of strong pedophilic urges.

DIRECT APPEAL: remanded for resentencing on 09/02/82 at 420 So2d 578

Resentenced to death on 01/14/83

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Defendant's name: PAUL JOHNSON

Sentenced to death on 09/23/81 in Lake County

Trial Counsel: LARRY SHEARER (public defender)

Trial judge RANDALL MCDONALD found 1 non-statutory mitigator:

Under the influence of drugs at the time of the crime

DIRECT APPEAL: affirmed on 08/25/83 at 438 So2d 0774

STATUS: FSC remanded for new trial on state habeas on 12/11/86 at 498 So2d 0938 Resentenced to death 04/28/88

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Defendant's name: FRED HERZOG

Sentenced to death on 12/01/81 in Broward County

Trial Counsel: DANIEL BLACKMAN (privately retained)

FSC on direct appeal found a basis for jury recommendation of life that trial judge THOMAS COKER overrode:

Heated argument

Domestic relationship

Disparate treatment

DIRECT APPEAL: reduced to life on 09/22/83 at 439 So2d 1372

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Defendant's name: TED HERRING

Sentenced to death on 03/01/82 in Volusia County

Trial Counsel: JAMES PEYTON QUARLES (public defender)

Trial judge S. JAMES FOXMAN found 1 non-statutory mitigator:

Difficult childhood - Defendant was raised essentially without a father, was hyperactive, had learning disabilities, and had trouble in school

DIRECT APPEAL: affirmed on 02/02/84 at 446 So2d 1046

STATUS: on death row in post-conviction appeals

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Defendant's name: DAVID LEE HAWKINS

Sentenced to death on 03/31/82 in Collier County

Trial Counsel: TOM O'STEEN (public defender)

FSC on direct appeal found a basis for jury recommendation of life that trial judge TED BROUSSEAU overrode:

Relative involvement

DIRECT APPEAL: reduced to life on 07/14/83 at 436 So2d 0044

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Defendant's name: THOMAS POPE

Sentenced to death on 04/07/82 in Broward County

Trial Counsel: SCOTT T. EBER (court appointed)

Trial judge ARTHUR J. FRANZA found 1 non-statutory mitigator:

Served his country in Vietnam and was honorably discharged from the Marines in 1970

DIRECT APPEAL: affirmed on 10/27/83 at 441 So2d 1073

STATUS: on death row in post-conviction appeals

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Defendant's name: RAYMOND DRAKE

Sentenced to death on 04/19/82 in Pinellas County

(originally sentenced to death on 6/20/78; FSC remanded for new trial 5/21/81 at 400 So2d 1217)

Trial Counsel: SUSAN SCHAEFFER / PATRICK DOHERTY (court appointed)

Trial judge JERRY R. PARKER found 2 non-statutory mitigators:

Honorable discharge from the United States Navy

Original sentence in prior case of sexual battery was later

reduced by the sentencing judge

DIRECT APPEAL: remanded for new trial on 10/27/83 at 441 So2d 1079

STATUS: found guilty of second degree murder in April, 1984

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Defendant's name: IRA MARTIN AMAZON

Sentenced to death on 12/08/82 in Pinellas County

Trial Counsel: BARRY COHEN

FSC on direct appeal found mitigating factors that trial judge THOMAS E. PENICK failed to find including 2 non-statutory:

History of drug abuse

"emotional cripple" who had been brought up in negative family setting and had emotional maturity of a thirteen-year-old with some emotional development at the level of a one-year-old

DIRECT APPEAL: reduced to life on 03/13/86 at 487 So2d 0008

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Defendant's name: J. B. PARKER

Sentenced to death on 01/11/83 in Lake County

Trial Counsel: ROBERT RUSSELL MAKEMSON (court appointed)

Trial judge PHILLIP NOURSE found 2 non-statutory mitigators:

The victim in this case was not sexually molested

The Defendant's behavior at the trial was acceptable

DIRECT APPEAL: affirmed on 08/22/85 at 476 So2d 0134

STATUS: won resentencing in post-conviction, state loses appeal on 9/4/98 at 721 So2d 1147 Resentenced to death on 12/13/00

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Defendant's name: LARRY MANN

Resentenced to death on 01/14/83 in Pinellas County

(originally sentenced to death 03/26/81, remanded for resentencing on 09/02/82 at 420 So2d 0578)

Trial Counsel: PATRICK DOHERTY (court appointed)

Trial judge PHILIP A. FEDERICO found 1 non-statutory mitigator:

Suffers from psychotic depression and feelings of rage against himself because of strong pedophilic urges.

DIRECT APPEAL: affirmed on 05/24/84 at 453 So2d 0784

STATUS: 11th circuit en banc remanded for new sentencing 04/21/88

Resentenced to death 03/02/90

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Defendant's name: BARRY HOFFMAN

Sentenced to death on 02/11/83 in Duval County

Trial Counsel: JACK HARRIS (court appointed)

Trial judge L. PAGE HADDOCK found 1 non-statutory mitigator:

Proportionality (the two co-defendants received life sentences)

DIRECT APPEAL: affirmed on 08/22/85 at 474 So2d 1178

STATUS: new trial granted on 7/5/01 at 800 So2d 174

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Defendant's name: ISAAC THOMPSON

Sentenced to death on 02/11/83 in Hillsborough County

Trial Counsel: ALEX VECCHIO (court appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge HARRY LEE COE III overrode:

IQ between 50 and 70, retarded, impulsive, unable to reason abstractly

Character as testified to by family

Father suffered from mental illness, died in institution

DIRECT APPEAL: reduced to life on 09/06/84 at 456 So2d 0444

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Defendant's name: BOBBY FRANCIS

Sentenced to death on 03/29/83 in Dade County

Trial Counsel: EUGENE FRANCIS ZENOBI (court appointed)

Trial judge PHILIP W. KNIGHT found 1 non-statutory mitigator:

Good behavior while confined in the Dade County Stockade

DIRECT APPEAL: affirmed on 06/20/85 at 473 So2d 0672

STATUS: Executed 06/25/91

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Defendant's name: PEDRO MEDINA

Sentenced to death on 04/11/83 in Orange County

Trial Counsel: WARREN H. EDWARDS (court appointed)

Trial judge ROM POWELL found 7 non-statutory mitigators:

Under stress because of limited ability to speak English and difficulty adjusting to American culture

Suspicious of police

Received bad advice from older associates

Capacity for hard work and other fine qualities

Believes in God

Changed for the better in jail

Rehabilitation potential

DIRECT APPEAL: affirmed on 01/31/85 at 466 So2d 1046

STATUS: Executed 3/25/97

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Defendant's name: ROBERT PARKER

Sentenced to death on 04/29/83 in Duval County

Trial Counsel: ROBERT LINK (privately retained)

After a USSC remand on 01/22/91 at 111 SCt 0731, the Florida Supreme Court on a second direct appeal ruled that jury recommendation of life that trial judge JOHN LEWIS HALL overrode could have been based on non-statutory mitigators including:

Disparate treatment

Intoxication at time of offense

Relative involvement

Difficult childhood

History of drug and alcohol abuse

Positive adult relationship with his two children

Good relationship with his neighbors whom he assisted when they were in need

DIRECT APPEAL: reduced to life on 08/11/94 at 643 So2d 1032

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Defendant's name: WILTON ROSS

Sentenced to death on 05/25/83 in Leon County

Trial Counsel: PHILLIP JOHNSTON (court appointed)

The Florida Supreme Court on direct appeal ruled that trial judge JOHN LEWIS HALL should have found 1 non-statutory mitigator:

Alcoholism

DIRECT APPEAL: reduced to life on 08/15/85 at 474 So2d 1170

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Defendant's name: GERALD STANO

Sentenced to death on 06/13/83 in Volusia County

Trial Counsel: HOWARD PEARL (public defender)

Trial judge S. JAMES FOXMAN found 3 non-statutory mitigators:

Difficult early childhood

Marital problems

Confessed and pled guilty

DIRECT APPEAL: affirmed on 11/01/84 at 460 So2d 0890

STATUS: Executed 3/23/98

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Defendant's name: HARRY HUDDLESTON

Sentenced to death on 07/07/83 in Dade County

Trial Counsel: BRIAN MCDONALD (public defender)

FSC on direct appeal found a basis for jury recommendation of life that trial judge ARTHUR SNYDER overrode:

History of drug abuse

Troubled personal life

DIRECT APPEAL: reduced to life on 08/29/85 at 475 So2d 0204

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Defendant's name: CARL CARUTHERS

Sentenced to death on 07/18/83 in Santa Rosa County

Trial Counsel: JIM BURKE / PETER W. MITCHELL (public defenders)

Trial judge GEORGE E. LOWREY found 1 non-statutory mitigator:

Gave a voluntary statement following his arrest, expressed remorse and encouraged younger brother to avoid his same mistakes

DIRECT APPEAL: reduced to life on 02/07/85 at 465 So2d 0496

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Defendant's name: DONALD BROOKINGS

Sentenced to death on 08/11/83 in Hillsborough County

Trial Counsel: WALTER O. HOBBS (court appointed)

Trial judge M. WILLIAM GRAYBILL found 3 non-statutory mitigators:

Witnessed father commit suicide when four years old

Codefendant Sadler pled to second degree

Codefendant Lowery was granted immunity

DIRECT APPEAL: reduced to life on 08/28/86 at 495 So2d 0135

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Defendant's name: HAROLD HOOPER

Sentenced to death on 09/01/83 in Nassau County

Trial Counsel: GARY BAKER / LEWIS BUSSELL (public defenders)

Trial judge JAMES HARRISON found 3 non-statutory mitigators:

Served his country in the U.S. Army

Worked for the Salvation Army because of a desire to serve his fellow man

Dedication to Christian principles

DIRECT APPEAL: affirmed on 08/15/85 at 476 So2d 1253

STATUS: deceased

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Defendant's name: RAYMOND DOLINSKY

Sentenced to death on 12/16/83 in Monroe County

Trial Counsel: WILLIAM KUYPERS (court appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge BILL CHAPPELL overrode:

Relative participation

Disparate treatment

Family testimony about good qualities

DIRECT APPEAL: reduced to life on 01/18/91 at 576 So2d 0271

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Defendant's name: EDWARD WASKO

Sentenced to death on 03/01/84 in Dade County

Trial Counsel: BRIAN MCDONALD (public defender)

Trial judge ARTHUR SNYDER found 1 non-statutory mitigator:

Numerous family members and friends sent letters, petitions, and testified to defendant's good character

DIRECT APPEAL: reduced to life on 03/05/87 at 505 So2d 1314

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Defendant's name: MARK BURCH

Sentenced to death on 03/08/84 in Broward County

Trial Counsel: H. DOHN WILLIAMS (court appointed)

Trial judge FRANK ORLANDO found 1 non-statutory mitigator:

Difficult childhood - came from broken home, had little to no parental guidance, entered the adult penal system at very early age

DIRECT APPEAL: remanded for new trial on 10/03/85 at 478 So2d 1050

STATUS: resentenced to death on 5/21/86 by Judge Mark A. Speiser

FSC reduced to life on 02/18/88 at 522 So2d 0810

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Defendant's name: DAVID GORE

Sentenced to death on 03/16/84 in Pinellas County

Trial Counsel: JAMES LANG (public defender)

Trial judge L. B. VOCELLE found 1 non-statutory mitigator:

Affectionate and considerate to family; has become a "born again" Christian since arrest; came from a good home and attended church regularly with his mother as a child.

DIRECT APPEAL: affirmed on 08/22/85 at 475 So2d 1205

STATUS: 11th Circuit affirmed 08/17/89 FDC order granting new sentencing on 05/29/91 at 933 F2d 0904, resentenced to death 12/8/92

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Defendant's name: WILLIAM KELLEY

Sentenced to death on 04/02/84 in Highlands County

Trial Counsel: WILLIAM KUNSTLER / JACK EDMUND (privately retained)

Trial judge E. RANDOLPH BENTLEY found 1 non-statutory mitigator:

Disparity in punishment in that no one else was convicted of this crime and Defendant was not the instigator.

DIRECT APPEAL: affirmed on 04/10/86 at 486 So2d 0578

STATUS: on death row in post-conviction appeals

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Defendant's name: OTTIS TOOLE

Sentenced to death on 05/17/84 in Duval County

Trial Counsel: AL WASHINGTON (court appointed)

Trial judge JAMES HARRISON found 1 non-statutory mitigator:

Received an award or citation from the Jacksonville

Sheriff's Office

DIRECT APPEAL: remanded for resentencing on 11/25/85 at 479 So2d 0731

STATUS: resentenced to life imprisonment on 6/9/86 because the state decided not to seek the death penalty

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Defendant's name: CHARLES PROFFITT

Resentenced to death on 05/24/84 in Hillsborough County

(originally sentenced to death 03/21/74, affirmed 05/28/75 at 315 So2d 0461, 11th Circuit remanded case on 9/17/82 at 706 F2d 0311 for resentencing)

Trial Counsel: DAVID GOLUB (volunteer counsel)

Trial judge JOHN P. GRIFFIN found 1 non-statutory mitigator:

Found testimony of family and friends as mitigating factors but did not specify content.

DIRECT APPEAL: reduced to life on 07/09/87 at 510 So2d 0896

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Defendant's name: CHARLES KIGHT

Sentenced to death on 08/07/84 in Duval County

Trial Counsel: WILLIAM J. SHEPPARD (court appointed)

Trial judge JAMES HARRISON found 2 non-statutory mitigators:

Assisted in the apprehension of a robber when 17 years old

Proportionality (co-defendant pled to second degree)

DIRECT APPEAL: affirmed on 07/09/87 at 512 So2d 922

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: JERRY ROGERS

Sentenced to death on 12/05/84 in St. Johns County

Trial Counsel: RALPH ELLIOTT / DAVID TUMIN (assisted Rogers who represented himself)

FSC ruled on direct appeal that trial judge RICHARD WEINBERG should have found 1 non-statutory mitigator:

Defendant is a good husband, father & provider

DIRECT APPEAL: affirmed on 07/09/87 at 511 So2d 0526

STATUS: new trial granted on 2/15/01 at 782 So2d 373

* * * * * * *

Defendant's name: JOSEPH RAMIREZ

Sentenced to death on 02/20/85 in Dade County

Trial Counsel: MICHAEL CHAVIES (public defender)

Trial judge MORTON L. PERRY found 1 non-statutory mitigator:

Defendant regularly visited his 18 month old child and was moved to tears when he learned from the witness stand that his mother was affected with a serious illness

DIRECT APPEAL: remanded for new trial on 03/16/89 at 542 So2d 0352

STATUS: resentenced to death 05/29/91, FSC remanded for new trial on 01/05/95 at 651 So2d 1164 Resentenced to death 3/13/98

* * * * * * *

Defendant's name: ROBERT DUBOISE

Sentenced to death on 03/07/85 in Hillsborough County

Trial Counsel: ROBERT NUTTER (court appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge HARRY LEE COE III overrode:

Influence of older brother (companion in offense)

Relative involvement

IQ of 79

Deprived family background

DIRECT APPEAL: reduced to life on 02/04/88 at 520 So2d 0260

* * * * * * *

Defendant's name: HERBERT SPIVEY

Sentenced to death on 03/29/85 in Duval County

Trial Counsel: ROBERT LINK (court appointed)

Trial judge JAMES HARRISON found 1 non-statutory mitigator:

"There is a mitigating circumstance in the life sentences assured Ellison and Hawkins, the immunity granted O'Chuida and the acquittal of Geraldine Crofton" (These are the four co-defendants in this case) which the FSC referred to as "multiple mitigating circumstances."

DIRECT APPEAL: reduced to life on 07/14/88 at 529 So2d 1088

* * * * * * *

Defendant's name: HECTOR IRIZARRY

Sentenced to death on 04/04/85 in Hillsborough County

Trial Counsel: BRIAN DONERLY (public defender)

Trial judge M. WILLIAM GRAYBILL found 1 non-statutory mitigator:

Defendant lived 40 years with no significant prior criminal history

DIRECT APPEAL: reduced to life on 10/30/86 at 496 So2d 0822

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Defendant's name: JAMES MORGAN

Resentenced to death on 06/07/85 in Martin County

(originally sentenced to death 12/30/77, remanded for new trial 01/15/81at 392 So2d 1315, resentenced to death 12/07/81, remanded for new trial 07/12/84 at 453 So2d 0394)

Trial Counsel: ROBERT MAKEMSON (court appointed)

Trial judge DWIGHT L. GEIGER found 1 non-statutory mitigator:

"Defendant's father was an alcoholic and defendant observed his father drunk on many occasions while defendant was a child."

DIRECT APPEAL: remanded for new trial 01/05/89 at 537 So2d 0973

STATUS: resentenced to death 02/20/90, reduced to life on direct appeal 06/02/94 at 639 So2d 0006

* * * * * * *

Defendant's name: KIRK HANSBROUGH

Sentenced to death on 07/12/85 in Orange County

Trial Counsel: CHANDLER R. MULLER (privately retained)

Trial judge LAWRENCE R. KIRKWOOD found 1 non-statutory mitigator:

Alcohol abuse

DIRECT APPEAL: reduced to life on 06/18/87 at 509 So2d 1081

* * * * * * *

Defendant's name: HOWARD DOUGLAS

Resentenced to death on 08/02/85 in Polk County

(originally sentenced to death 12/4/73, affirmed 02/18/76 at 328 So2d 0018, 11th Circuit remanded for resentencing 08/01/84 at 739 F2d 0531)

Trial Counsel: LARRY SHEARER (public defender)

Trial judge WILLIAM A. NORRIS found 2 non-statutory mitigators:

Not known, prior to this case, to be a violent person.

Excellent institutional record in the Florida State Prison since his incarceration on this charge in 1973

The FSC mentioned the jury could have also considered:

Credibility of guilt innocence witnesses

Prior domestic relationship

DIRECT APPEAL: reduced to life on 01/15/91 at 575 So2d 0165

* * * * * * *

Defendant's name: RICHARD RHODES

Sentenced to death on 09/12/85 in Pinellas County

Trial Counsel: HENRY ANDRINGA (court appointed)

Trial judge HELEN HANSEL found 1 non-statutory mitigator:

Long-term personality disorder

DIRECT APPEAL: remanded for resentencing on 07/06/89 at 547 So2d 1201

Resentenced to death 03/20/92

* * * * * * *

Defendant's name: JOSEPH GARRON

Sentenced to death on 10/04/85 in Pasco County

Trial Counsel: ROBERT MCCLURE (public defender)

Trial judge LAWRENCE E. KEOUGH found 1 non-statutory mitigator:

"The defendant has been a model prisoner"

DIRECT APPEAL: remanded for new trial on 05/19/88 at 528 So2d 0353

STATUS: not resentenced to death

* * * * * * *

Defendant's name: GUY COCHRANE

Sentenced to death on 10/11/85 in Hillsborough County

Trial Counsel: MINA MORGAN (court appointed)

Trial judge DONALD EVANS found 1 non-statutory mitigator:

Under the influence of an emotional disturbance; borderline retarded; difficulty in dealing with stress conditions; the mother of his child demanded monies for child support

DIRECT APPEAL: reduced to life on 07/27/89 at 547 So2d 0928

* * * * * * *

Defendant's name: JESSIE LIVINGSTON

Sentenced to death on 10/23/85 in Taylor County

Trial Counsel: JIMMY HUNT (public defender)

Trial judge WALLACE M. JOPLING found 1 non-statutory mitigator:

Defendant was a victim of abuse at home and lacked a father or authority figure.

FSC found jury could have considered addition mitigators including 3 non-statutory:

Neglect by mother

Marginal intelligence

Intoxicated at time of offense

DIRECT APPEAL: reduced to life on 03/10/88 at 565 So2d 1288

* * * * * * *

Defendant's name: ERIC HOLSWORTH

Sentenced to death on 11/01/85 in Broward County

Trial Counsel: CARLOS A. RODRIGUEZ (court appointed)

FSC on direct appeal found that jury could have based life recommendation on mitigating factors trial judge ROBERT W. TYSON, JR. failed to find including 3 non-statutory:

Conduct affected by use of drugs and alcohol

Childhood trauma

Rehabilitation/productivity potential

DIRECT APPEAL: reduced to life on 02/18/88 at 522 So2d 0348

* * * * * * *

Defendant's name: WILLIAM TURNER

Sentenced to death on 11/01/85 in Duval County

Trial Counsel: HANK COXE (court appointed)

Trial judge JOHN D. SOUTHWOOD found 2 non-statutory mitigators:

"The defendant was a diligent and conscientious employee."

"The defendant has in the past demonstrated concern for others and unselfishness."

DIRECT APPEAL: affirmed on 06/07/88 at 530 So2d 0045

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: ROY SWAFFORD

Sentenced to death on 11/12/85 in Volusia County

Trial Counsel: RAYMOND M. CASS (public defender)

Trial judge KIM HAMMOND found 1 non-statutory mitigator:

Defendant was an Eagle Scout

DIRECT APPEAL: affirmed on 09/29/88 at 533 So2d 0270

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: J. C. FEAD

Sentenced to death on 11/25/85 in Madison County

Trial Counsel: JIMMY HUNT (public defender)

Trial judge L. ARTHUR LAWRENCE found 1 non-statutory mitigator:

Good and responsible worker who refrained from committing other crimes despite opportunity

FSC found jury could have considered additional mitigators including 2 non-statutory:

Influence of alcohol

Possessed positive personality traits

DIRECT APPEAL: reduced to life on 09/03/87 at 512 So2d 0176

* * * * * * *

Defendant's name: CLARENCE JACKSON

Sentenced to death 12/09/85 in Hillsborough County

Trial Counsel: WILLIAM FUENTE (court appointed)

Trial judge JOHN P. GRIFFIN found 2 non-statutory mitigators:

Model prisoner

Will adjust well to life imprisonment

DIRECT APPEAL: affirmed on 02/18/88 at 522 So2d 0802

STATUS: resentenced to life after circuit court granted new sentencing

* * * * * * *

Defendant's name: JOHNNY PERRY

Sentenced to death on 01/31/86 in Dade County

Trial Counsel: ROBERT LAMONS (court appointed)

FSC on direct appeal found mitigating factors that trial judge ELLEN MORPHONIOS-GABLE failed to find that jury might have used to recommend life including 2 non-statutory:

Good character

Psychological stress

DIRECT APPEAL: reduced to life on 03/10/88 at 522 So2d 0817

* * * * * * *

Defendant's name: MORRIS BROWN

Sentenced to death on 04/04/86 in Bay County

Trial Counsel: VIRGIL MAYO / MICHAEL STONE (public defender)

FSC on direct appeal found mitigating factors that trial judge WARREN EDWARDS failed to find including 3 non-statutory:

Mental and emotional handicap

Impoverished background

Potential for rehabilitation

DIRECT APPEAL: reduced to life on 05/12/88 at 526 So2d 0903

* * * * * * *

Defendant's name: JOHN P. MASTERSON

Sentenced to death on 4/10/86 in Dade County

Trial Counsel: C. CRAIG STELLA (privately retained)

FSC ruled on direct appeal that trial judge EDWARD COWART should have found "some" non-statutory mitigators:

"... the facts that Masterson was a wounded and honorably

discharged Viet Nam veteran, that he was introduced to drugs

in Viet Nam, that he suffered from post-traumatic stress

disorder brought on by his service in Viet Nam, that he had

consumed substantial amounts of drugs and alcohol on the day

of the murder, together with other matters presented in the

penalty phase, was sufficient to establish a reasonable

basis for the jury to find mitigating circumstances..."

DIRECT APPEAL: reduced to life on 12/10/87 516 So2d 0256

* * * * * * *

Defendant's name: ANTHONY BRYAN

Sentenced to death on 05/16/86 in Santa Rosa County

Trial Counsel: TED STOKES (court appointed)

Trial judge CLYDE B. WELLS found 2 non-statutory mitigators:

Good employment history

Good behavior while hiding for an extended period of time under an assumed name

DIRECT APPEAL: affirmed 09/22/88 at 533 So2d 0744

STATUS: Executed 2/24/00

* * * * * * *

Defendant's name: MARK BURCH

Resentenced to death on 05/21/86 in Broward County

(originally sentenced to death 03/08/84, FSC on direct appeal remanded for new trial on 10/02/85 at 478 So2d 1050)

Trial Counsel: H. DOHN WILLIAMS (court appointed)

FSC on direct appeal found a basis for jury recommendation of life that trial judge MARK SPEISER overrode including 3 non-statutory:

Proportionality

Family history of physical and drug abuse

Early sentence as an adult for crimes committed as a juvenile

DIRECT APPEAL: reduced to life 02/18/88 at 522 So2d 0810

* * * * * * *

Defendant's name: REINALDO AMOROS

Sentenced to death on 05/23/86 in Hillsborough County

Trial Counsel: FRANK JOHNSON (court appointed)

Trial judge MANUEL MENENDEZ found some non-statutory mitigators:

"... native Cuban who had only recently come to this country during the Mariel boat-lift. The Defendant is college rained and was a professional athlete while in Cuba. The Defendant is the father of two (2) pre-school aged children, and he has in the past provided support for these children on a regular basis. According to the defendant, prior to his entry into this country he had had no previous convictions or arrests."

DIRECT APPEAL: reduced to life 09/16/88 at 531 So2d 1256

* * * * * * *

Defendant's name: DANIEL REMETA

Sentenced to death on 06/03/86 in Marion County

Trial Counsel: JENKINS / SPRINGSTEAD (public defenders)

Trial judge CARVEN ANGEL found 4 non-statutory mitigators:

Mental age of thirteen years

Abusive, unstable and deprived childhood

Low intelligence, speech impediment and victim of race discrimination (defendant is a Native American)

Long term substance abuser who was institutionalized at 13

DIRECT APPEAL: affirmed on 03/31/88 at 522 So2d 0825

STATUS: Executed 3/31/98

* * * * * * *

Defendant's name: DONALD KRITZMAN

Sentenced to death on 06/13/86 in Santa Rosa County

Trial Counsel: JACK LOCKLIN (court appointed)

Trial judge GEORGE E. LOWERY found 1 non-statutory mitigator:

"The Court would find that the evidence clearly establishes... that said Defendant was the subject of 'impoverished background' and that there were undoubtedly circumstances surrounding his birth, childhood and formative years which tend to mitigate in some degree the criminal conduct..."

DIRECT APPEAL: remanded for new trial on 02/25/88 at 520 So2d 0568

STATUS: sentenced to life 07/21/88

* * * * * * *

Defendant's name: JOHNNY ROBINSON

Sentenced to death on 06/19/86 in St. Johns County

Trial Counsel: HOWARD PEARL (public defender)

Trial judge RICHARD O. WATSON found 1 non-statutory mitigator:

"The Court accepts as a mitigating circumstance the fact that Defendant had a difficult childhood"

DIRECT APPEAL: remanded for resentencing on 01/28/88 at 520 So2d 0001

STATUS: resentenced to death 04/03/89

* * * * * *

Defendant's name: HAROLD HARVEY

Sentenced to death on 06/20/86 in Indian River County

Trial Counsel: ROBERT WATSON (court appointed)

Trial judge DWIGHT L. GEIGER found 1 non-statutory mitigator:

Low intelligence, poor social and educational skills, unable to reason abstractly, lacks self-confidence and feels inadequate

DIRECT APPEAL: affirmed 06/16/88 at 529 So2d 1083

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: HECTOR FUENTE

Sentenced to death on 07/01/86 in Hillsborough County

Trial Counsel: SIMSON UNTERBERGER (court appointed)

Trial judge HARRY LEE COE III found 1 non-statutory mitigator:

Defendant saved a woman from drowning six months after the murder in this case

DIRECT APPEAL: reduced to life on 09/14/89 at 549 So2d 0652

* * * * * * *

Defendant's name: KENNETH STEWART

Sentenced to death on 10/03/86 in Hillsborough County

Trial Counsel: REX BARBAS (court appointed)

Trial judge JOHN P. GRIFFIN found 1 non-statutory mitigator:

Childhood trauma

DIRECT APPEAL: affirmed on 09/12/91 at 588 So2d 0972

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: RUDOLPH HOLTON

Sentenced to death on 12/05/86 in Hillsborough County

Trial Counsel: MINA MORGAN (court appointed)

Trial judge HARRY LEE COE III found 1 non-statutory mitigator:

"The defendant has 2 children and is a drug addict"

DIRECT APPEAL: affirmed on 09/27/90 at 573 So2d 0284

STATUS: new trial ordered, state dropped charges and he was freed on 1/24/03

* * * * * * *

Defendant's name: JAMES HARMON

Sentenced to death on 12/22/86 in Marion County

Trial Counsel: MARK SHELNUTT / DAVID EDDY (court appointed)

FSC on direct appeal found mitigating factors that trial judge WILLIAM T. SWIGERT, SR. failed to find supporting the jury recommendation of life including 7 non-statutory:

Good father and son

Model prisoner - arbiter in inmate disputes

Could contribute to society

Religious

Intelligent

Questions regarding roles of defendant and codefendant

Disparity of treatment

DIRECT APPEAL: reduced to life on 05/19/88 at 527 So2d 0182

* * * * * * *

Defendant's name: MARK DAVIS

Sentenced to death on 01/30/87 in Pinellas County

Trial Counsel: JOHN THOR WHITE (court appointed)

Trial judge THOMAS E. PENICK found 1 non-statutory mitigator:

"There is some possibility of an impaired capacity to

appreciate criminality of his conduct or to conform his

conduct to the requirements of the law ... [but] such

capacity was not substantially impaired."

DIRECT APPEAL: affirmed on 09/05/91 at 586 So2d 1038, USSC remanded at 112 SCt 3021, FSC affirmed after remand on 04/08/93 at 620 So2d 0152

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: WILBURN LAMB

Sentenced to death on 02/25/87 in Brevard County

Trial Counsel: HOWARD VINCENT (privately retained)

Trial judge CHARLES M. HARRIS found 1 non-statutory mitigator:

Proportionality (Co-defendant plea bargained to lesser sentence)

FSC found evidence of 5 other non-statutory mitigators introduced:

Would adjust well to prison life

Family and friends feel rehabilitation potential exists

Friendly, helpful, good with animals and children before offense

Had seen psychologist concerning drug and emotional problems

Consumed alcohol and cannabis before offense

DIRECT APPEAL: remanded for new sentencing without jury 09/01/88 at 532 So2d 1051

STATUS: resentenced to life 05/10/89

* * * * * * *

Defendant's name: ALBERTO FARINAS

Sentenced to death on 02/27/87 in Dade County

Trial Counsel: EDITH GEORGI / R. GONZALEZ (public defenders)

Trial judge RONALD M. FRIEDMAN found 1 non-statutory mitigator:

Defendant showed good behavior while jailed awaiting trial

DIRECT APPEAL: reduced to life on 10/11/90 at 569 So2d 0425

* * * * * * *

Defendant's name: PAUL BROWN

Sentenced to death on 03/02/87 in Hillsborough County

Trial Counsel: WAYNE CHALU / CRAIG ALLDREDGE (public defenders)

Trial judge GUY SPICOLA found 2 non-statutory mitigators:

Socially and economically disadvantaged

Below average mental capacity

DIRECT APPEAL: affirmed on 03/22/90 at 565 So2d 0304

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: CARLA CAILLIER

Sentenced to death on 03/19/87 in Hillsborough County

Trial Counsel: ROSS SCACCIA / WAYNE PEARSALL

FSC on direct appeal found that jury recommendation of life could have come from non-statutory mitigating factor that trial judge HARRY LEE COE III failed to find:

Codefendant sentenced to life

DIRECT APPEAL: reduced to life 04/07/88 at 523 So2d 0158

* * * * * * *

Defendant's name: CHARLIE THOMPSON

Sentenced to death on 04/06/87 in Hillsborough County

Trial Counsel: CRAIG ALLDREDGE / CHARLES O'CONNOR (public defenders)

Trial judge M. WILLIAM GRAYBILL found 2 non-statutory mitigators:

Unstable home environment (mother died when defendant was

very young and he was passed from person to person to be cared for)

Raised in extreme poverty in rural Mississippi

DIRECT APPEAL: remanded for new trial 07/20/89 at 548 So2d 0198

STATUS: resentenced to death 05/25/90, granted new trial on 01/30/92 at 595 So2d 0016, resentenced to death 12/28/92

* * * * * * *

Defendant's name: CARLOS BELLO

Sentenced to death on 04/14/87 in Hillsborough County

Trial Counsel: WALTER M. LOPEZ (court appointed)

Trial judge MANUEL MELENDEZ found 1 non-statutory mitigator:

The non-applicability of the aggravating circumstances in

Fla. Stat. Sections 921.141 (5) (a), (d), (f), (h), and (i)

DIRECT APPEAL: remanded for resentencing on 07/06/89 at 547 So2d 0914

STATUS: Declared incompetent by court in 1991

* * * * * * *

Defendant's name: DARRELL HALLMAN

Sentenced to death on 05/11/87 in Polk County

Trial Counsel: AUSTIN MASLANICK / ROBERT NORGARD (public defenders)

FSC on direct appeal found that jury recommendation of life could

have been based on non-statutory mitigating factors that trial judge J. DALE DURRANCE failed to find:

"... was a man with many good qualities but who was given to appalling errors of judgment when he was under stress."

Circumstances of the shooting

DIRECT APPEAL: reduced to life on 04/12/90 at 560 So2d 0223

* * * * * * *

Defendant's name: MELVIN TROTTER

Sentenced to death on 05/18/87 in Manatee County

Trial Counsel: JIM SLATER (public defender)

Trial judge ALAN R. DAKAN found 2 non-statutory mitigators:

Remorse

Raised in foster home because mother was an alcoholic

DIRECT APPEAL: remanded for resentencing on 04/04/91 at 576 So2d 0691

STATUS: resentenced to death 07/23/93

* * * * * * *

Defendant's name: WILLIAM REAVES

Sentenced to death on 09/02/87 in Indian River County

Trial Counsel: CLIFFORD BARNES (court appointed)

Trial judge JOHN E. FENNELLY found 1 non-statutory mitigator:

Vietnam veteran

DIRECT APPEAL: remanded for new trial on 01/15/91 at 574 So2d 0105, resentenced to death 03/06/92, affirmed 04/07/94 on direct appeal at 639 So2d 0001

* * * * * * *

Defendant's name: MAC RAY WRIGHT

Sentenced to death on 09/11/87 in St. Lucie County

Trial Counsel: LORENZO WILLIAMS (court appointed)

Trial judge DWIGHT L. GEIGER FOUND 7 non-statutory mitigators:

Expressed remorse

Good worker

History of mental illness in family

Supported girlfriend & her 3 children (2 were his)

Older brother shot to death in 1978

One of 8 children, father left mother when defendant was 10 years old

History of alcohol & substance abuse

DIRECT APPEAL: remanded for new trial on 08/29/91 at 586 So2d 1024 (opinion ruled he was not eligible for death on retrial)

* * * * * * *

Defendant's name: MICHAEL IRVINE

Sentenced to death on 09/15/87 in Dade County

Trial Counsel: HOWARD SOHN (court appointed)

Trial judge RALPH PERSON found 1 non-statutory mitigator:

Behavior while incarcerated

DIRECT APPEAL: remanded for new trial on 03/29/90 at 565 So2d 1298

STATUS: resentenced to life 7/2/93, jury recommended life

* * * * * * *

Defendant's name: WILLIAM E. RHODES

Sentenced to death on 09/15/87 in Dade County

Trial Counsel: JOSEPH LANG KERSHAW (court appointed)

Trial judge RALPH PERSON found 3 non-statutory mitigators:

Good inmate at Dade County Jail

Might be a good inmate in the future

Remorse over Bessie Fischer

DIRECT APPEAL: remanded for new trial on 03/29/90 at 565 So2d 1298

STATUS: resentenced to life 6/25/93, jury recommended life

* * * * * * *

Defendant's name: JAMES ALLEN BRYANT

Sentenced to death on 09/16/87 in Dade County

Trial Counsel: JEFFERY S. SHAPIRO (court appointed)

Trial judge RALPH PERSON found 1 non-statutory mitigator:

Behavior while incarcerated

DIRECT APPEAL: remanded for new trial on 03/29/90 at 565 So2d 1298

STATUS: resentenced to life 12/22/93, jury recommended life

* * * * * * *

Defendant's name: DEE DYNE CASTEEL

Sentenced to death on 09/16/87 in Dade County

Trial Counsel: EDWARD KOCH / LAWRENCE STEIN (public defenders)

Trial judge RALPH PERSON found 2 non-statutory mitigators:

Remorse

Found a closer walk with God

DIRECT APPEAL: remanded for new trial on 03/29/90 at 565 So2d 1298

STATUS: resentenced to life 11/2/93, jury recommended life

* * * * * * *

Defendant's name: DOMINICK OCCHICONE

Sentenced to death on 11/09/87 in Pasco County

Trial Counsel: BRUCE BOYER / PETER PROLY / BRUCE YOUNG

Trial judge LAWRENCE E. KEOUGH found 1 non-statutory mitigator:

Good prisoner, has acclimated to his custodial environment

DIRECT APPEAL: affirmed on 10/11/90 at 570 So2d 0902

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: ANTONIO CARTER

Sentenced to death on 11/17/87 in Volusia County

Trial Counsel: RAYMOND CASS (public defender)

Trial judge S. JAMES FOXMAN found 1 non-statutory mitigator:

Deprived childhood

DIRECT APPEAL: affirmed on 10/19/89 at 576 So2d 1291

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: DOY CHRISTIAN

Sentenced to death on 12/07/87 in Bradford County

Trial counsel: FREDERICK REPLOGLE (guilt phase) & GLENN WEISS (penalty phase) (public defenders)

FSC on direct appeal found a basis for jury recommendation of life that trial judge OSEE FAGAN overrode:

Circumstances of the offense

DIRECT APPEAL: reduced to life on 08/28/89 at 550 So2d 0450

* * * * * * *

Defendant's name: JOHN FREEMAN

Sentenced to death on 12/11/87 in Duval County

Trial Counsel: PATRICK McGUINNESS (public defender)

FSC on direct appeal found a basis for jury recommendation of life that trial judge BILL PARSONS overrode:

Dull-normal intelligence, 4th grade level

History of abuse during childhood

DIRECT APPEAL: reduced to life on 07/27/89 at 547 So2d 0125

* * * * * * *

Defendant's name: DAVID PENTACOST

Sentenced to death on 12/31/87 in Escambia County

Trial Counsel: ROBERT R. KIMMEL (court appointed)

Trial judge LACEY COLLIER found 1 non-statutory mitigator:

No significant history of violent activity

FSC on direct appeal found that the jury could have based life recommendation on additional non-statutory mitigating factors:

Disparate treatment

Relative involvement

Alcohol and drug use

DIRECT APPEAL: reduced to life on 06/29/89 at 545 So2d 0861

* * * * * * *

Defendant's name: CARL SONGER

Sentenced to death on 02/02/88 in Lake County

Trial Counsel: MICHAEL JOHNSON (public defender)

Trial judge JOHN BOOTH found 7 non-statutory mitigators:

Sincere and heartfelt remorse

Chemical dependency on drugs

Positive change of character attributes

Adapted well to incarceration

Strong spiritual standards

Desire to help others

Emotionally impoverished when growing up

DIRECT APPEAL: reduced to life on 05/25/89 at 544 So2d 1010

* * * * * * *

Defendant's name: EDWARD CASTRO

Sentenced to death on 02/09/88 in Marion County

Trial Counsel: TRICIA JENKINS (public defender)

Trial judge VICTOR J. MUSLEH found 2 non-statutory mitigators:

Sexually abused as a child

Confession given in exchange for psychiatric help

DIRECT APPEAL: remanded for resentencing on 07/13/89 at 547 So2d 0111

STATUS: resentenced to death 11/20/90

* * * * * * *

Defendant's name: BILLY RAY NIBERT

Sentenced to death on 02/10/88 in Hillsborough County

Trial Counsel: TOM MEYERS (public defender)

Trial judge SUSAN BUCKLEW found 1 non-statutory mitigator:

Abused childhood

FSC found that uncontroverted evidence was presented of additional non-statutory mitigation that should have been found:

Great deal of remorse

Potential for rehabilitation

DIRECT APPEAL: reduced to life on 07/26/90 at 574 So2d 1059

* * * * * * *

Defendant's name: DAVID YOUNG

Sentenced to death on 02/16/88 in Palm Beach County

Trial Counsel: CRAIG WILSON (privately retained)

Trial judge HAROLD JEFFREY COHEN found 2 non-statutory mitigators:

Church activities

Good behavior in jail

DIRECT APPEAL: affirmed on 05/09/91 at 579 So2d 0721

STATUS: remanded for resentencing on 6/10/99 at 739 So2d 553; resentenced to life on 11/15/99

* * * * * * *

Defendant's name: RICHARD ANDERSON

Sentenced to death on 02/26/88 in Hillsborough County

Trial Counsel: WILLIAM FUENTE (court appointed)

Trial judge M. WILLIAM GRAYBILL found 1 non-statutory mitigator:

Girlfriend's disparate sentence

DIRECT APPEAL: affirmed on 01/03/91 at 574 So2d 0087

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: JAMES ERNEST HITCHCOCK

Resentenced to death 3/17/88 in Orange County

(originally sentenced to death 2/11/77, aff'd 2/25/82 at 413 So2d 0741, USSC remanded for resentencing 04/22/87 at 107 SCt 1821)

Trial Counsel: TRISH CASHMAN (public defender)

Trial judge GARY L. FORMET found 2 non-statutory mitigators:

Deprivation

Positive character traits

DIRECT APPEAL: affirmed on 12/20/90 at 578 So2d 0685, USSC remanded on rehearing at 112 SCt 3020, FSC remanded for new sentencing on 01/28/93 at 614 So2d 0483, resentenced to death 08/30/93

* * * * * * *

Defendant's name: BERNELL HEGWOOD

Sentenced to death 03/29/88 in Broward County

Trial Counsel: CARLOS RODRIGUEZ (court appointed)

FSC on direct appeal found that jury heard testimony that supported

recommendation of life that trial judge THOMAS COKER overrode:

Good child who had an unfortunate and impoverished childhood

May have been mentally or emotionally deficient from upbringing

DIRECT APPEAL: reduced to life on 01/17/91 at 575 So2d 0170

* * * * * * *

Defendant's name: THEWELL HAMILTON

Sentenced to death 04/07/88 in Holmes County

Trial Counsel: ROBERT ADAMS (public defender)

Trial judge DEDEE COSTELLO found 3 non-statutory mitigators:

Served honorably in armed forces

Not known to family as violent man

Not known to family as man who drank alcohol to excess

DIRECT APPEAL: remanded for new trial on 07/27/89 at 547 So2d 0630

STATUS: resentenced to death 08/05/91

* * * * * * *

Defendant's name: JERRY HALIBURTON

Sentenced to death on 04/11/88 in Palm Beach County

Trial Counsel: NELSON BAILEY (court appointed)

Trial judge JACK COOK found 3 non-statutory mitigators:

No disciplinary reports while on death row

Brought friends & strangers home for meals while growing up

Counseled nieces & nephews against following criminal example

DIRECT APPEAL: affirmed on 04/05/90 at 561 So2d 0248

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: MANUEL PARDO JR.

Sentenced to death on 04/20/88 in Dade County

Trial Counsel: RONALD GURALNICK

Trial judge PHILLIP KNIGHT found 3 non-statutory mitigators:

Military service

Once saved the life of a child

Had the love and affection of his family

DIRECT APPEAL: affirmed on 05/31/90 at 563 So2d 0077

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: JAMES MCCRAY

Resentenced to death on 04/22/88 in Lee County

(originally sentenced to death 05/21/74, affirmed on direct appeal 04/09/81 at 395 So2d 1145, remanded for resentencing on 3.850 appeal 06/18/87 at 510 So2d 0874)

Trial Counsel: ROBERT DILLINGER

FSC on direct appeal found there was sufficient mitigating evidence for the jury to provide a recommendation of life that trial judge THOMAS REESE overrode including non-statutory:

Temporal lobe epilepsy

Above average intelligence and writing ability

Developed and evidenced strong spiritual and religious standards

Contributed to the lives of others

High potential for rehabilitation

Expressed sincere remorse

DIRECT APPEAL: reduced to life on 05/30/91 at 582 So2d 0613

* * * * * * *

Defendant's name: JAMES CAMPBELL

Sentenced to death on 05/19/88 in Dade County

Trial Counsel: MICHAEL CHAVIES

Trial judge ALFONSO SEPE found 1 non-statutory mitigator:

Testimony of victim's daughter and letters from victim's church urging against death penalty

FSC concluded trial court wrongly rejected as non-statutory mitigator:

Deprived and abusive childhood

DIRECT APPEAL: remanded for resentencing on 12/13/90 at 571 So2d 0415

STATUS: resentenced to death 5/4/94

* * * * * * *

Defendant's name: DONNIE GENE CRAIG

Sentenced to death on 05/27/88 in Okeechobee County

Trial Counsel: MICHAEL SULLIVAN

FSC on direct appeal found there was sufficient mitigating evidence for the jury to support a recommendation of life that trial judge WILLIAM HENDRY overrode including non-statutory:

Testimony of non-violent nature

IQ of 54, thought process of 8 - 10 year old, deficient at abstract reasoning, primitive moral judgment of a child

DIRECT APPEAL: reduced to life on 09/05/91 at 585 So2d 0278

* * * * * * *

Defendant's name: ROBERT BUFORD

Resentenced to death on 06/01/88 in Polk County

(originally sentenced 03/31/78 after receiving life recommendations, affirmed on 07/23/81 at 403 So2d 0943, remanded for resentencing by FDC 05/15/87 which was affirmed by the 11th Circuit 03/18/88 at 841 F2d 1057)

Trial Counsel: RONALD TOWARD / DAVID WEISBERG

FSC on direct appeal concluded there were sufficient mitigating circumstances to support jury recommendation of life (at original sentencing) which trial judge JOE YOUNG overrode including non-statutory:

Squalor and parental neglect

Used alcohol and drugs

DIRECT APPEAL: reduced to life on 11/01/90 at 570 So2d 0923

* * * * * * *

Defendant's name: LEONARD LEE SMALLEY JR.

Sentenced to death on 06/21/88 in Sumter County

Trial Counsel: HUGH LEE (public defender)

Trial judge JOHN BOOTH found 3 non-statutory mitigators:

Abused as a child

Expressed remorse

Good employee, co-workers thought highly of him

DIRECT APPEAL: reduced to life on 07/06/89 at 546 So2d 0720

* * * * * * *

Defendant's name: JAMES DUCKETT

Sentenced to death on 06/30/88 in Lake County

Trial Counsel: JACK EDMUND

Trial judge JERRY LOCKETT found 1 non-statutory mitigator:

Family background and education

DIRECT APPEAL: affirmed on 09/06/90 at 568 So2d 0891

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: BURLEY GILLIAM

Resentenced to death on 08/17/88 in Dade County

(originally sentenced to death 02/08/85, remanded for new trial on direct appeal 11/05/87 at 514 So2d 1098)

Trial Counsel: EDWARD KOCH

Trial judge THEODORE MASTOS found 2 non-statutory mitigators:

Brought up in broken home and subjected to physical abuse

Family loves him

DIRECT APPEAL: affirmed on 05/02/91 at 582 So2d 0610

STATUS: on death row in post-conviction appeals

* * * * * * *

Defendant's name: CHARLES CARTER

Sentenced to death on 08/26/88 in Polk County

Trial Counsel: GLEN BROCK (court appointed)

FSC on direct appeal found that the jury heard evidence of mitigation that supported recommendation of life that trial judge J. DALE DURRANCE overrode including non-statutory:

Organic brain damage, beatings and other injuries

Drug abuse

Intoxication

Rehabilitation potential

DIRECT APPEAL: reduced to life on 04/26/90 at 560 So2d 1166

* * * * * * *

Defendant's name: ROBERT C. COX

Sentenced to death on 09/30/88 in Orange County

Trial Counsel: PATRICIA CASHMAN (public defender)

Trial judge RICHARD CONRAD found 2 non-statutory mitigators:

Model prisoner

Military record

DIRECT APPEAL: remanded for acquittal on 12/21/89 at 555 So2d 0352

* * * * * * *

Defendant's name: JOHN BOGGS

Sentenced to death on 10/26/88 in Pasco County

Trial Counsel: JOHN CARBALLO / WILLIAM EBLE (public defenders)

Trial judge WAYNE COBB found 1 non-statutory mitigator:

Emotional disturbance due to divorce

DIRECT APPEAL: remanded for new trial on 02/07/91 at 575 So2d 1274

STATUS: resentenced to death 2/24/94; FSC remanded for new trial on 2/8/96 at 667 So2d 765; found incompetent to stand trial in May 1996. Deceased.

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Defendant's name: JOEY BURTON THOMPSON

Sentenced to death on 10/28/88 in Duval County

Trial Counsel: CHARLES COFER / ALAN CHIPPERFIELD (public defenders)

Trial judge DAVID WIGGINS found 4 non-statutory mitigators:

Emotional stress, considered suicide after murder

Maintained employment during marriages

Considerate son while teenager in school

Good inmate while in custody

DIRECT APPEAL: reduced to life on 06/14/90 at 565 So2d 1311

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Defendant's name: JOHN FREEMAN

Sentenced to death on 11/02/88 in Duval County

Trial Counsel: ALAN CHIPPERFIELD (public defender)

Trial judge DONALD MORAN JR. found 3 non-statutory mitigators:

Low intelligence, history of abuse

Some artistic ability

Enjoys playing with children

DIRECT APPEAL: affirmed on 05/31/90 at 563 So2d 0073

STATUS: on death row in post-conviction appeals

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Defendant's name: HENRY ESPINOSA

Sentenced to death on 11/04/88 in Dade County

Trial Counsel: KEN LANGE (court appointed)

Trial judge ARTHUR SNYDER found 1 non-statutory mitigator:

A good man

DIRECT APPEAL: affirmed on 11/27/91 at 588 So2d 0887, USSC remanded at 112 SCt 2926, FSC affirmed 09/02/92 at 626 So2d 165

STATUS: plea offered in post-conviction; reduced to life 1/12/99

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Defendant's name: MAURICIO BELTRAN-LOPEZ

Sentenced to death on 11/04/88 in Dade County

Trial Counsel: LUIS CASUSO (court appointed)

Trial judge ARTHUR SNYDER found 1 non-statutory mitigator:

Mother testified he was a good son

DIRECT APPEAL: affirmed on 07/11/91 at 583 So2d 1030, USSC remanded at 112 SCt 3021, FSC affirmed 09/02/93 at 626 So2d 0163

STATUS: plea offered in post-conviction; reduced to life 1/12/99

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Defendant's name: DIETER RIECHMANN

Sentenced to death on 11/04/88 in Dade County

Trial Counsel: ED CARHART (private attorney)

Trial judge HAROLD SOLOMON found 1 non-statutory mitigator:

Statements from friends that he was a good person

DIRECT APPEAL: affirmed on 05/30/91 at 581 So2d 0133

STATUS: new sentencing ordered by trial court

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Defendant's name: ROBERT HENRY

Sentenced to death 11/10/88 in Broward County

Trial Counsel: BRUCE RATICOFF (court appointed)

Trial judge MARK POLEN found 1 non-statutory mitigator:

Service in Marine Corps

DIRECT APPEAL: affirmed on 08/29/91 at 586 So2d 1033, USSC remanded at 112 SCt 3021, FSC aff'd 12/24/92 at 613 So2d 429

STATUS: on death row in post-conviction appeals

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Defendant's name: MICHAEL CARUSO, JR.

Sentenced to death on 12/02/88 in Broward County

Trial Counsel: MARTIN MCDONNELL (court appointed)

FSC on direct appeal said jury could have based life recommendation on non-statutory mitigating factors trial judge CHARLES McCLURE did not find:

Defendant's intoxication

Long term drug addiction

Defendant recognized drug problem, attempted suicide, sought hospital treatment three times in preceding 13 months

DIRECT APPEAL: reduced to life 10/06/94 at 645 So2d 0389

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Defendant's name: JERRY WICKHAM

Sentenced to death on 12/08/88 in Leon County

Trial Counsel: PHIL PADAVANO (court appointed)

FSC on direct appeal said trial judge CHARLES McCLURE should have found and weighed 3 non-statutory mitigators:

Abusive childhood

Alcoholism

History of hospitalization for mental disorders

DIRECT APPEAL: affirmed on 12/12/91 at 593 So2d 0191

STATUS: on death row in post-conviction appeals

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Defendant's name: ROLANDO GARCIA

Sentenced to death on 12/08/88 in Dade County

Trial Counsel: BILL SUROWIEC (court appointed)

Trial judge FRED MORENO found 1 non-statutory mitigator:

Victim was a drug dealer

DIRECT APPEAL: remanded for new trial on 09/06/90 at 568 So2d 0896

STATUS: resentenced to death on 2/5/99, pending direct appeal

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Defendant's name: DONALD GUNSBY

Sentenced to death on 01/03/89 in Marion County

Trial Counsel: EDWARD SCOTT (court appointed)

Trial judge RAYMOND MCNEAL found 1 non-statutory mitigator:

Mildly retarded, functions at a 3rd or 4th grade level

DIRECT APPEAL: affirmed on 01/15/91 at 574 So2d 1085

STATUS: new trial granted 3/28/96 on 3.850 appeal at 670 So2d 920; resentenced to life on 8/29/97

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Defendant's name: MICHAEL BEDFORD

Sentenced to death on 01/20/89 in Broward County

Trial Counsel: CHARLES RICH (court appointed)

FSC found that jury had a reasonable basis for a life recommendation that trial judge MEL GROSSMAN overrode including 5 non-statutory mitigators:

Relative involvement

Honorable discharges from Army and Navy

Non-violent nature

Good father, husband, and son

Previously saved lives while assisting paramedics

DIRECT APPEAL: reduced to life on 10/10/91 at 589 So2d 0245

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Defendant's name : BOBBY LEE DOWNS

Sentenced to death on 03/03/89 in Duval County

Trial Counsel : ALAN CHIPPERFIELD (public defender)

FSC on direct appeal found a basis for jury recommendation of life that trial judge L. PAGE HADDOCK overrode including 4 non-statutory mitigators:

Domestic quarrel

Intoxication

History of drug and alcohol use

IQ of 71, mental age of 13

DIRECT APPEAL: reduced to life on 01/18/91 at 574 So2d 1095

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Defendant's name: ULRICK OMELUS

Sentenced to death on 03/16/89 in Brevard County

Trial Counsel: ROBERT UDELL (court appointed)

Trial judge JOHN DEAN MOXLEY found 1 non-statutory mitigator:

Actual killer (who he hired) received life sentence

DIRECT APPEAL: remanded for resentencing on 06/13/91 at 584 So2d 0563

STATUS: not resentenced to death

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Defendant's name: ANTHONY HALL

Sentenced to death on 03/22/89 in Volusia County

Trial Counsel: GERARD KEATING (court appointed)

Trial judge S. JAMES FOXMAN found 2 non-statutory mitigators:

Abused child

Good son and brother

DIRECT APPEAL: remanded for new trial on 09/06/90 at 568 So2d 0882

STATUS: accepted plea to life, 25 minimum, on 5/10/91

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Defendant's name: MICHAEL CRUMP

Sentenced to death on 03/31/89 in Hillsborough County

Trial Counsel: DANNY HERNANDEZ / TOM CUNNINGHAM (court appointed)

Trial judge M. WILLIAM GRAYBILL found 1 non-statutory mitigator:

"... as evidenced by expert and lay testimony in this case."

DIRECT APPEAL: remanded for new sentencing (judge only) on 06/10/93 at 622 So2d 0963, resentenced to death 11/22/93

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Defendant's name: JOHNNY ROBINSON

Resentenced to death on 04/03/89 in St. Johns County

(originally sentenced to death 06/19/86, remanded for resentencing on direct appeal 01/28/88 at 520 So2d 0001)

Trial Counsel: HOWARD PEARL (public defender)

Trial judge RICHARD O. WATSON found 3 non-statutory mitigators:

Physically and sexually abused as a child

Raised without a mother (difficult childhood)

Psychosexual disorder (rapist)

DIRECT APPEAL: affirmed on 01/15/91 at 574 So2d 0108

STATUS: on death row in post-conviction appeals

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Defendant's name: RICHARD RANDOLPH

Sentenced to death on 04/05/89 in Putnam County

Trial Counsel: HOWARD PEARL (public defender)

Trial judge ROBERT PERRY found 2 non-statutory mitigators:

Possesses an atypical personality disorder

Expressed shame or remorse

DIRECT APPEAL: affirmed on 05/03/90 at 562 So2d 0331

STATUS: on death row in post-conviction appeals

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Defendant's name: GREGORY CAPEHART

Sentenced to death on 04/11/89 in Pasco County

Trial Counsel: A. J. IVIE (court appointed)

FSC said trial judge MAYNARD SWANSON found 1 non-statutory mitigator:

"... poor black man exploding in anger over his frustration due to the ills of a discriminatory society heaped upon him."

DIRECT APPEAL: affirmed on 06/13/91 at 583 So2d 1009

STATUS: on death row in post-conviction appeals

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Defendant's name: VICTOR KLOKOC

Sentenced to death on 04/21/89 in Brevard County

Trial Counsel: DAVID SILVERMAN (court appointed for sentencing)

Trial judge EDWARD JACKSON found 2 non-statutory mitigators:

Good provider for family

Troubled family relationship

DIRECT APPEAL: reduced to life on 11/27/91 at 589 So2d 0219

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Defendant's name: ROOSEVELT BOWDEN

Sentenced to death on 06/30/89 in Pinellas County

Trial Counsel: JAMES MARTIN (court appointed)

Trial judge STANLEY R. MILLS found 1 non-statutory mitigator:

Terrible childhood and adolescence

DIRECT APPEAL: affirmed on 09/12/91 at 588 So2d 0225

STATUS: died while on death row

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Defendant's name: MICHAEL DUROCHER

Sentenced to death on 07/07/89 in Duval County

Trial Counsel: ALAN CHIPPERFIELD (public defender)

Trial judge DAVID WIGGINS found 1 non-statutory mitigator:

Loving relationship with mother and retarded brother

DIRECT APPEAL: affirmed on 02/13/92 at 596 So2d 0997

STATUS: executed for another conviction

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Defendant's name: STEVEN CHESHIRE

Sentenced to death on 07/18/89 in Putnam County

Trial Counsel: HOWARD PEARL (public defender)

FSC on direct appeal found a basis for the jury recommendationof life that trial judge ROBERT PERRY overrode including 3 non-statutory mitigators:

Lover's quarrel

Drinking at the time of the offense

Emotional disturbance

DIRECT APPEAL: reduced to life on 09/27/90 at 568 So2d 0908

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Defendant's name: VERNON COOPER

Resentenced to death on 07/28/89 in Escambia County

(originally sentenced to death on 07/01/74, affirmed 07/08/76 at 336 So2d 1133, remanded for resentencing by FSC on state habeas 05/12/88 at 526 So2d 0900)

Trial Counsel: TERRY TERRELL (public defender)

Trial judge NICKOLAS P. GEEKER found 2 non-statutory mitigators:

Significant history of alcohol abuse which eroded the family unit

Maintained close family ties

FSC on direct appeal said jury might have based life recommendation on additional non-statutory mitigator:

Relative involvement

DIRECT APPEAL: reduced to life on 05/09/91 at 581 So2d 0049

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Defendant's name: WILLIAM HAPP

Sentenced to death on 07/31/89 in Lake County

Trial Counsel: JEFF PFISTER / MARK NACKE (court appointed)

Trial judge JERRY LOCKETT found 2 non-statutory mitigators:

Family history

Educational aid to other inmates

DIRECT APPEAL: affirmed on 01/23/92 at 596 So2d 0991, USSC remanded at 113 SCt 0399, FSC affirmed on 05/20/93 at 618 So2d 0205

STATUS: on death row in post-conviction appeals

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