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Albert HOLLAND

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Rape - To avoid arrest
Number of victims: 1
Date of murder: July 29, 1990
Date of birth: March 24, 1958
Victim profile: Scott Winters (police officer)
Method of murder: Shooting
Location: Broward County, Florida, USA
Status: Sentenced to death on August 19, 1991. Resentenced to death on February 7, 1997
 
 

 

The United States Court of Appeals
For the Eleventh Circuit

 

opinion 07-13366

 
 

 

Florida Supreme Court

 

opinion 78660

opinion SC89922

 

opinion SC03-1033

 
 

 
 

DC#  122651
DOB:  03/24/58

Seventeenth Judicial Circuit, Broward County Case # 90-15905
Sentencing Judge: The Honorable M. Daniel Futch, Jr.
Trial Attorneys: Peter Giacoma & Young Tindall
Resentencing Trial Attorneys: Evan Baron & James Lewis
Attorney, Direct Appeals: Richard Greene – Assistant Public Defender
Attorney, Collateral Appeals: To Be Assigned – CCRC-S

Date of Offense: 07/29/90

Date of Sentence: 08/19/91

Date of Resentence: 02/07/97

Circumstances of the Offense:

Thelma Johnson reported that Albert Holland approached her and asked her if she had a hitter (a device used to smoke cocaine).  Johnson stated that she did not, but proceeded to lead Holland to a wooded area with the intention of smoking cocaine together. 

Holland then smoked the first half of his cocaine rock off of a beer can, but Johnson refrained because she did not like that method of smoking.  After smoking the second half of the rock, Holland became violent. 

Holland shoved Johnson to the ground, held her down, and hit her on the side of the head with a bottle while she begged him not to kill her.  As Holland beat her, he repeatedly threatened to kill her.

Holland ripped Johnson’s shirt and unzipped his pants.  Holland forced Johnson to give him oral sex.  When Johnson protested and stopped, Holland beat her until she was unconscious. 

Holland stopped beating Johnson and left the scene when a witness yelled for Holland to stop before he killed her.  Johnson had a severed ear, a fractured skull, and multiple cuts on her face, which required extensive plastic surgery.

Police officers responded to a call regarding the attack and began the search for the perpetrator.  Officer Scott Winters was in his patrol car when he asked Holland to approach the vehicle. 

Officer Winters exited the patrol car and instructed Holland to put his hands on the car. Holland complied with the request.  As Winters reached down to use the radio on his belt, Holland turned and took a swing aimed at Winters’ head. 

A struggle ensued and Winters got Holland in a headlock.  Winters repeatedly tried to put Holland on the ground by using his nightstick, but Holland rose and turned, causing the combatants to face each other.  Holland managed to take Winters’ gun and shot the officer twice before he fled the scene.

Police officers stated that Winters requested backup at 7:25 p.m. and reported being shot at 7:26 p.m.  When officers arrived at the scene, Winters’ gun was missing.  Winters died at 8:30 p.m. as a result of gunshot wounds to the lower stomach and groin area.  

Trial Summary:

08/16/90          Defendant indicted with the following:

Count I:           First-Degree Murder 

Count II:          Robbery with a Firearm 

Count III:         Sexual Battery 

Count IV:          Attempted Murder with a Deadly Weapon                                  

08/02/91          Defendant was found guilty by the trial jury on all counts

08/12/91          The jury recommended Death by a vote of eleven to one

08/18/93          Defendant was sentenced as follows:

Count I:            First-Degree Murder – Death

Count II:           Robbery with a Firearm – 17 years

Count III:         Sexual Battery – Life sentence

Count IV:          Attempted Murder with a Deadly Weapon - 40years

Second Trial:

11/06/96          Defendant was found guilty by the trial jury on counts I, II, IV as charged. Defendant was convicted on count III of the lesser charge of Attempted Sexual Battery.

11/15/96           The jury recommended Death by a vote of eight to four

02/07/97           Defendant was sentenced as follows:

Count I:             First-Degree Murder – Death

Count II:            Robbery with a Firearm – Life sentence

Count III:          Attempted Sexual Battery – 15 years

Count IV:           Attempted Murder with a Deadly Weapon – 30 years    

*Please note, sentences are to run consecutively

Case Information:

A Direct Appeal was filed with the Florida Supreme Court on 09/23/91.  Issues that were raised included whether the trial court erred in overruling defense counsel’s objections to the testimony of a State witness who testified at the competency hearing and at trial. 

The Florida Supreme Court agreed with Holland on this issue and accordingly reversed both the convictions and sentences on 03/24/94.

A Petition for Writ of Certiorari was filed on 08/12/94 and denied on 10/11/94.

A second Direct Appeal was filed on 02/20/97.  Issues that were raised included whether the trial court erred in denying him the opportunity to represent himself; whether the trial court abused its discretion in denying Holland’s motion to exclude the testimony of the State’s mental health experts; whether the trial court abused its discretion in overruling Holland’s objections to the admissibility of a videotape interrogation of Holland. 

The Florida Supreme Court found all of the claims either without merit or harmless and affirmed the convictions and sentences, including the sentence of Death, on 10/05/00.

A Petition for Writ of Certiorari was filed on 05/04/01 and denied on 10/01/01.

A 3.851 Motion was filed with the circuit court on 09/17/02 and denied on 05/16/03.

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 06/09/03, raising claims of ineffective assistance of counsel.  On 11/10/05, the FSC affirmed the denial of the motion.

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 01/09/04, raising claims of ineffective assistance of counsel.  On 11/10/05, the FSC denied the petition.

A Petition for Writ of Habeas Corpus was filed with the U.S. District Court, Southern district, on 01/24/06 and is pending.

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 02/08/06 and denied on 04/17/06.

FloridaCapitalCases.state.fl.us

 

 

 
 
 
 
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