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)