Murderpedia has thousands of hours of work behind it. To keep creating
new content, we kindly appreciate any donation you can give to help
the Murderpedia project stay alive. We have many
plans and enthusiasm
to keep expanding and making Murderpedia a better site, but we really
need your help for this. Thank you very much in advance.
Harry L. BUTLER
Classification: Murderer
Characteristics: Domestic
violence
Number of victims: 1
Date of murder:
March 13,
1997
Date of arrest:
Next day
Date of birth:
March 14,
1961
Victim profile: Leslie
“Bay” Fleming(his
former girlfriend)
Method of murder: Stabbing
with knife
- Suffocation
Sixth Judicial Circuit, Pinellas
County, Case #97-4690
Sentencing Judge: The Honorable Frank Quesada
Attorney, Criminal Trial:
Richard Watts – Private
Attorney, Direct Appeal: Kevin Briggs – Assistant Public Defender
Attorney, Collateral Appeals:
Mark Gruber – CCRC-M
Date of Offense:
03/13/97
Date of Sentence:
01/11/99
Circumstances of Offense:
Harry Butler was convicted and
sentenced to death for the 03/13/97 murder of his former girlfriend,
Leslie “Bay” Fleming.
The body of Leslie “Bay” Fleming
was discovered on the morning of 03/14/97 by her sister, Shawna
Fleming. Shawna Fleming went over to her sister’s apartment at
approximately 7:15 a.m. and was let in by LaShara Butler, the
six-year-old daughter of Leslie Fleming and Harry Butler. Shawna found
her sister, Leslie, asphyxiated and stabbed multiple times.
At trial, LaShara Butler
testified that, on the night of the murder, she had been sleeping in the
bedroom with her mother, when her father, Harry Butler, picked her up
and took her to her own room. LaShara further stated that she saw her
father pin her mother down and heard her mother scream as though she was
being hurt.
Lola Young, a neighbor of Leslie
Fleming, testified that she saw Harry Butler hiding in the bushes near
Leslie’s apartment in the early morning hours of 03/14/97. She also
stated that she saw a blue car speed through the complex, stop and pick
up Butler.
Several of Butler’s
acquaintances testified that he said he killed or was going to kill
Leslie.
Trial Summary:
04/02/97 The defendant
was indicted on the following charges:
Count I: First-Degree
Murder
04/03/97 The defendant
entered a plea of “not guilty.”
06/26/98 The jury found the defendant guilty
of First-Degree Murder as charged in the indictment.
06/27/98 Upon advisory sentencing, the jury,
by an 11 to 1 majority, voted for the imposition of the death penalty.
01/11/99 The defendant was sentenced as
followed:
Count I:
First-Degree Murder - Death
Case Information:
On 03/24/99, Butler filed a
Direct Appeal in the Florida Supreme Court. In that appeal, Butler
argued that the trial court erred in allowing the prosecution to
question three witnesses regarding prior domestic violence allegations
against him. The Florida Supreme court noted that there was no error in
that the evidence was admissible to explain direct testimony and that
its probative value outweighed any potential prejudicial effect.
In
addition, Butler claimed that the trial court erred in allowing the
testimony of an “unqualified” DNA expert and in denying his motion for a
new trial based on an alleged Brady violation
by the State. Butler also alleged error in the consideration and
application of aggravating and mitigating circumstances. The Florida
Supreme Court affirmed the conviction and sentence of death on
05/09/02. On 04/03/03, the court issued a revised opinion that again
affirmed the conviction and sentence of death.
On 07/13/04, Butler filed a
3.851 Motion in the Circuit Court and amended the Motion on 02/20/05.
The motion is pending.
