Tenth Judicial Circuit, Polk
County Case# CF89-0686A1-XX
(Transferred to the 13th
Sentencing Judge: The Honorable
J. Tim Strickland
Resentencing Judge: The
Honorable Dennis P. Maloney
Trial Attorney: Jeffrey M.
Holmes – Private
Attorney, Direct Appeal: Robert
F. Moeller – Assistant Public Defender
Attorney, Direct Appeal (RS):
Paul C. Helm – Assistant Public Defender
Attorneys, Collateral Appeals:
William Hennis – CCRC-S
Date of Offense: 02/13/89
Date of Sentence: 07/13/90
Date of Resentence: 04/27/94
Circumstances of Offense:
07/13/90, Dean Kilgore was convicted of first-degree murder and
resentenced to death.
Kilgore was serving two life sentences for prior offenses, first-degree
murder and kidnapping, as well as a five year term for armed trespass,
which began on 07/31/78.
On 02/13/89, while serving his sentence,
Kilgore waited outside a cell that belonged to his lover, Emerson Robert
When Jackson appeared, Kilgore stabbed him three times with a
homemade shank knife. After stabbing Jackson, Kilgore poured a caustic
liquid onto Jackson’s face and into his mouth.
After the incident,
Kilgore immediately went to the administration building and admitted the
murder to the guards.
Indicted as follows:
Count I: First-Degree Murder
Count II: Possession of
Contraband by an Inmate
07/05/90 Kilgore entered a plea of nolo contendere to all
returned verdicts of guilty on both counts of the indictment. Kilgore waived jury advisory sentence during
Judge imposed sentence as follows:
Count I: First-Degree
Murder – Death
Count II: Possession of Contraband by an Inmate – 15 years consecutive to death
sentence, credit for time served
06/22/93 As a
result of successful post-conviction motions, Kilgore was remanded for resentencing
04/07/94 Jury recommended death sentence by a vote of 9-3
04/27/94 Resentenced to death
the day the sentence was imposed, 07/13/90, Kilgore filed motions
seeking to vacate his plea of nolo contendere and to reduce his
sentence. These motions were denied on 07/16/90. Supplemental motions
were filed, asking for withdrawal of the plea, new trial, and a motion
Kilgore filed a Direct Appeal to the Florida Supreme Court on 08/23/90.
The Court found that significant issues were raised by the denial of
these motions and the supplemental motions, so the court relinquished
jurisdiction over the case and ordered the trial court to consider all
motions filed after 07/13/90.
The trial court denied Kilgore’s motion to reduce sentence, but granted
his motion to vacate his plea and vacate sentence on 06/22/93.
04/07/94, the jury recommended a death sentence by a vote of 9-3.
Kilgore was resentenced to death on 04/27/94.
Kilgore filed a Direct Appeal (after resentencing) to the Florida
Supreme Court on 05/11/94, raising a total of six issues, with three in
the conviction phase and three in the penalty phase.
For the conviction
phase, Kilgore raised the following issues: the trial court denied him
due process when a request for heat-of-passion jury instructions were
denied and improper closing remarks to the jury by the prosecutor were
allowed, failure to order a competency evaluation during the trial, and
due process was violated when he was allowed to waive his presence at
For the penalty phase, Kilgore raised the following
issues: appropriateness of the death penalty, sentencing order was
insufficient in its treatment of mitigating circumstances, and denial of
proposed jury instructions. The FSC affirmed Kilgore’s conviction and
death sentence on 08/29/96.
Kilgore filed a 3.850 Motion to the Circuit Court on 06/08/98 and
amended it on 10/19/01. The evidentiary hearing was held on 06/13/05.
This case is currently pending.