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DC#
582127
DOB: 06/15/71
Second Judicial Circuit, Gadsden
County, Case #92-841-CFA
Sentencing Judge: The Honorable
William Gary
Trial Attorney: Stephen Seliger
– Private
Attorney, Direct Appeal: Teresa
Sopp – Special Public Defender
Attorney, Collateral Appeals:
Terri Backhus – Registry
Dates of Offense: 09/24/92
Date of Sentence: 04/29/94
Circumstances of Offense:
Chadwick Banks, the defendant,
was convicted and sentenced to death for the murder of his wife,
Cassandra Banks, and the murder and sexual battery of his 10-year-old
stepdaughter, Melody Cooper.
In the early morning hours of
09/24/92, Banks entered his wife’s trailer, proceeded to her bedroom and
shot her execution style while she lay sleeping. Reports indicated that
Mrs. Banks died without ever gaining consciousness.
The defendant then went to
Cooper’s bedroom, brutally raped her for approximately 20 minutes, and
then shot her in the head.
Additional Information:
Prior to the instant offense,
Banks was charged with two violent felonies in which the adjudication of
guilt was withheld. Upon the commission of these murders, however,
Banks was adjudicated guilty on the two aggravated assault charges and
was sentenced to five years on each charge.
Trial Summary:
09/28/92 Defendant
arrested.
10/02/92 Defendant
indicted on:
Count I: First-Degree
Murder
Count II: First-Degree
Murder
Count III: Sexual
Battery/Victim Under 12
03/13/94 The defendant
entered a plea of no contest on all counts.
03/14/94 The jury found
the defendant guilty on all counts.
03/18/94 Upon advisory sentencing, the jury,
by a 9 to 3 majority, voted for the death penalty for the murder of
Melody Cooper.
04/29/94 The defendant
was sentenced as followed:
Count I: First-Degree
Murder (Cassandra Banks) - Life
Count II: First-Degree
Murder (Melody Cooper) - Death
Count III: Sexual
Battery/Victim Under 12 – Life
Case Information:
Chadwick Banks filed his Direct
Appeal, pertaining only to the penalty phase for the murder of Melody
Cooper, in the Florida Supreme Court on 05/31/94. In addition to the
issues raised in the appeal, Banks argued the following issues: the
trial court erred in instructing the jury on the cold, calculated, and
premeditated (CCP) factor when the state did not provide sufficient
evidence for the claim; the court erred in its application of the
heinous, atrocious, or cruel (HAC) aggravating factor; and the court
doubled the aggravating factors, which could be consolidated into one.
Banks also contended that the court did not adequately weigh the
mitigating factors presented on his behalf.
The Florida Supreme Court
affirmed the convictions and sentence of death on 08/28/97. The mandate
was issued on 11/13/97.
The defendant filed a Petition
for Writ of Certiorari on 01/12/98, which was denied on 03/23/98.
Next, Banks filed a 3.850 Motion
in the Circuit Court on 06/10/99. The motion was denied on 04/30/01,
and an appeal was filed on that motion in the Florida Supreme Court on
05/22/01. The 3.850 denial was affirmed on 03/20/03.
On 01/11/02, Banks filed a
Petition for Writ of Habeas Corpus in the Florida Supreme Court, which
was denied on 03/20/03.
Banks filed a Petition for Writ of Habeas Corpus in the
U.S. District Court, Northern District, on 12/01/04 that was dismissed
on 07/29/05.
Floridacapitalcases.state.fl.us
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