Date of Resentence: 12/11/91
Circumstances of Offense:
On 06/25/87, at 6:30 a.m., a
passerby, Harry Lee, found Rama Sharma’s body on a path in the woods
near Sharma’s convenience store in Pasco County.
A trail of blood led
from the body to a blood puddle twenty feet away. A piece of a t-shirt
and two sets of tennis shoe prints, one of which belonged to Lee, were
found near the body. Evidence showed that Sharma was stabbed thirty-one
times and died approximately ten to fifteen minutes after the last wound
was inflicted.
Samuel Derrick was implicated in
the murder by his friend, David Lowry, who testified at trial that
Derrick told him that he killed Sharma.
After arrest, Derrick confessed
to the murder, stating that he intended to rob the store and jumped
Sharma as he left the store. When Sharma turned to run back to the
store, Derrick grabbed him.
Sharma recognized Derrick and started
screaming, and Derrick admitted stabbing Sharma “to shut him up.”
Derrick tore off a piece of his shirt that had blood on it and took $360
from Sharma’s pocket. Derrick disposed of the knife in the woods and
some clothing and shoes in a pond.
Trial Summary:
07/14/87
Indicted on one count of First-Degree Murder
07/17/87
Entered a not guilty plea
05/12/88
Jury returned a guilty verdict
05/13/88
Jury recommended a death sentence by a vote of 8-4
07/25/88
Sentenced to death
12/11/91
Jury recommended a death sentence by a vote of 7-5 and resentenced to death
*****
Case Information:
On
09/22/88, Derrick filed a Direct Appeal with the Florida Supreme Court,
citing the following errors: discovery violations; Derrick was shackled
during the trial; prejudice due to media coverage of the trial;
restricting defense counsel’s cross-examination of certain witnesses;
admission of fellow inmate testimony during the penalty phase of trial;
and improper finding of the cold, calculated, and premeditated and
avoiding arrest aggravating circumstances.
On 03/21/91, the FSC
affirmed the conviction, but vacated the sentence and remanded the case
to the trial court for a new sentencing hearing.
On
01/06/92, Derrick filed a Direct Appeal with the Florida Supreme Court,
citing the following trial court errors: improper response to a jury
inquiry; improper instruction on the murder committed during the
commission of a felony and pecuniary gain aggravating circumstances; and
unsupported finding of the avoiding arrest and heinous, atrocious, or
cruel aggravating circumstances.
The FSC did not comment on the
following three claims of trial court error: failure to consider all
non-statutory mitigating circumstances, considering that the murder was
committed during a felony, and proportionality of the death penalty.
The FSC affirmed the death sentence on 06/23/94.
On
11/22/94, Derrick filed a Petition for Writ of Certiorari with the U.S.
Supreme Court that was denied on 01/23/95.
On
03/24/97, Derrick filed a 3.850 Motion with the Circuit Court that was
amended on 09/03/99 and 12/03/01. The Circuit Court denied the motion
on 07/18/05.
On
08/29/05, Derrick filed a 3.850 Appeal with the Florida Supreme Court
that is pending.
On
07/10/06, Derrick filed a Petition for Writ of Habeas Corpus with the
Florida Supreme Court that is pending.
Floridacapitalcases.state.fl.us
