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Leonardo FRANQUI

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Robbery - Bank robbery
Number of victims: 2
Date of murders: December 6, 1991 / January 3, 1992
Date of arrest: January 18, 1992
Date of birth: September 26, 1970
Victims profile: Raul Lopez / Steven Bauer (Police Officer)
Method of murder: Shooting
Location: Dade County, Florida, USA
Status: Sentenced to death on September 18, 1998
 
 
 
 
 

Florida Supreme Court

 
opinion 83116 opinion 84701
 
opinion SC94269 opinion SC04-2380
 
 
 
 
 
 

DC#  445903

DOB:  09/26/70

 

Eleventh Judicial Circuit, Dade County Case # 92-2141B

Sentencing Judge: The Honorable Rodolfo Sorondo, Jr.

Attorney, Trial: Eric Cohen – Private

Attorney, Direct Appeal: Eric Cohen – Private

Attorney, Collateral Appeals:  Mary Bonner – Registry

 

Date of Offense:           01/03/92

Date of Sentence:         10/11/94

Date of Resentence:      09/18/98

Circumstances of Offense:

On 01/03/92, Leonardo Franqui, along with codefendants Ricardo Gonzalez, Pablo San Martin, and two other associates, robbed the Kislak National Bank in North Miami, Florida.  During the robbery, a cash box was taken from one of the drive-thru tellers and a security guard was shot and killed during the robbery.

On 01/18/92, Gonzalez was stopped by police and confessed to the crime, also implicating Franqui in the robbery.  San Martin also confessed to the robbery.  Franqui was questioned by police on 01/18/92, wherein he also confessed to the crime.

Trial Summary:

02/14/92          Indicted as follows:

Count I - First-Degree Murder
Count II - Armed Robbery
Count III-IV - Aggravated Assault
Count V - Possession of a Firearm During a Criminal Offense
Count VI - Grand Theft
Count VII - Burglary
Count VIII - Grand Theft
Count IX - Burglary

06/02/94          Jury returned guilty verdicts on all counts

09/23/94          Jury recommended death sentence by a 9-3 vote

10/11/94          Sentenced as follows:

Count I - First-Degree Murder – Death
Count II - Armed Robbery – Life Imprisonment
Count IV,VI,VII-IX - 5 years each

07/03/97          FSC vacated death sentence and remanded for resentencing

08/31/98          Jury recommended death sentence by a 10-2 vote

09/18/98          Resentenced to death

Codefendant Information:

Ricardo Gonzalez was convicted and sentenced to death.  On 09/18/97, his convictions were affirmed by the FSC, but his death sentence was vacated, and the case was remanded to the trial court for a new penalty phase hearing.  Gonzalez was resentenced to death on 09/18/98. His death sentence was affirmed by the FSC on 05/10/01.

Pablo San Martin was convicted and sentenced to death.  The judge in the case overrode the jury recommendation of life imprisonment and sentenced San Martin to death.  On 06/11/98, his convictions were affirmed by the FSC, but his death sentence was vacated, and the trial court was ordered to sentence San Martin to life imprisonment. 

Prior Incarceration History in the State of Florida:

On 10/15/92, Franqui was sentenced to five year terms for the following crimes committed on 11/29/91 (Case Number 92-6346): Aggravated Assault With a Weapon, Attempted Armed Robbery, and Grand Theft.  Also on 10/15/92, Franqui was sentenced to twenty-two year terms for the following crimes committed on 01/14/92 (Case Number 92-1680): Kidnapping and Armed Robbery.

On 11/23/93, Franqui was sentenced for the following crimes committed on 12/06/91 (Case Number 92-6089B): First-Degree Murder (Death), Attempted First-Degree Murder (2 terms of Life Imprisonment), Attempted Armed Robbery (15 years), Grand Theft (2 terms of 5 years), Unlawful Possession of a Firearm in a Crime (5 years).

Case Information:

On 11/14/94, Franqui filed a Direct Appeal with the Florida Supreme Court, citing the following errors: denial of peremptory challenges of jurors; granting the State’s peremptory challenge of a juror; denial of severance motion; admission of State comments; and sentencing Franqui to death.  On 07/03/97, the FSC affirmed the convictions, but vacated the death sentence and ordered Franqui to be resentenced, finding that Franqui was not allowed to confront Gonzalez about his confession. 

On 01/05/98, Franqui filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 04/27/98. 

On 01/16/98, the State filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 03/23/98.

At Franqui’s resentencing, the jury recommended the death sentence by a vote of 10-2 on 08/31/98, and he was resentenced to death on 09/18/98.

On 11/09/98, Franqui filed a Direct Appeal with the Florida Supreme Court, citing the following errors:  excusing two jurors for cause; improper jury instructions regarding aggravating and mitigating circumstances; overruling defense objections to the State’s closing argument; refusal to instruct the jury that it could consider the life sentences given to co-defendants as mitigating evidence; failure to find and weigh all mitigating circumstances; and disproportionate punishment compared to other cases.  On 10/18/01, the FSC affirmed the death sentence. 

On 01/08/03, Franqui filed a shell 3.850 Motion with the Circuit Court that was supplemented on 04/17/03.  On 11/09/04, the Motion was denied by the Circuit Court.

On 12/21/04, Franqui filed a 3.851 Motion Appeal with the Florida Supreme Court that is pending

On 01/05/06, Franqui filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that is pending. 

Floridacapitalcases.state.fl.us

 
 

 

SEX: M RACE: W TYPE: T MOTIVE: CE.

MO: Italian national; killed robbery victims.

DISPOSITION: Condemned on one count, 1993; condemned on second count with three life terms + 80 years on lesser charges, 1994.

Michael Newton - An Encyclopedia of Modern Serial Killers

 

 

 
 
 
 
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