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Gregory Alan KOKAL

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Robbery - Hitchhiking
Number of victims: 1
Date of murder: September 29, 1983
Date of arrest: Next day
Date of birth: February 27, 1963
Victim profile: Jeffrey Russell
Method of murder: Shooting (.357 revolver)
Location: Duval County, Florida, USA
Status: Sentenced to death on November 14, 1984
 
 
 
 
 
 

Florida Supreme Court

 

Docket #66305 - Gregory Alan Kokal, Appellant, vs. State of Florida, Appellee.

 
opinion
 
brief of appellant answer brief of appellee
 
 
 
 
 
 

DC# 072002              
DOB:  02/27/63

Fourth Judicial Circuit, Duval County, Case# 83-8975-CF
Sentencing Judge:  The Honorable James L. Harrison
Attorney, Trial:  Dale Westling – Private
Attorney, Direct Appeal:  Wayne F. Flowers – Private
Attorney, Collateral Appeals:  Linda M. McDermott – Registry

Date of Offense: 09/29/83     

Date of Sentence: 11/14/84 

Circumstances of Offense:

At approximately midnight on 09/29/83, Gregory Alan Kokal and William O’Kelly picked up a hitchhiker, victim Jeffrey Russell.  They then drove to a Jacksonville Beach park. 

When they exited the car, Russell was attacked and beaten with Kokal’s pool cue before he was robbed.  Russell was forced to walk approximately 100 feet where he pled for his life as he was beaten unconscious with the pool cue. 

Russell was then fatally shot with a .357 revolver.  The body was discovered the following day, and the police initially reported that the victim had been beaten to death. 

During the autopsy, it was determined that the gunshot killed the victim.  The fact the gunshot was the cause of death was restricted to the investigating officers.

Kokal was apprehended the following morning by police after he fled a gas station without paying in O’Kelly’s truck. 

When the police officer asked Kokal for identification, he produced O’Kelly’s Colorado license, the victim’s New York license, and an Arizona vehicle registration in O’Kelly’s name, in addition to his own Florida license. 

The officer arrested Kokal for the gasoline theft and the truck was seized and inventoried.  When the truck was inventoried, the murder weapon and a box of shells were found bearing Kokal’s fingerprints.  Kokal was released, however, because the officer was not aware of his involvement in the murder. 

 Later that same day, Kokal told a friend about the robbery and murder, including details only known to the police, such as the fatal gunshot.  Kokal was arrested after a warrant was issued for his capture.

Codefendant Information:

William O’Kelly pled guilty to the lesser offense of second-degree murder in exchange for trial testimony against Kokal.  

Trial Summary:

10/20/83          Defendant indicted with the following:

Count I:           First-Degree Murder

10/04/84          Defendant found guilty of First-Degree Murder

10/12/84          Jury recommended Death by a vote of 12-0

11/14/84          Defendant was sentenced as follows:

Count I:           First-Degree Murder – Death

Case Information:

A Direct Appeal was filed to the Florida Supreme Court on 12/21/84. Issues that were raised on appeal included whether the trial court erred in applying the heinous, atrocious, and cruel aggravator, and whether the trial court erred in not suppressing the murder weapon seized during the vehicle inventory following appellant’s arrest for stealing gas. 

The Court found all of the claims either harmless or without merit and affirmed the conviction and sentence of death on 07/17/86.  A death warrant was signed by Governor Bob Martinez on 08/25/88.

A 3.850 Motion was filed to the Circuit Court on 09/26/88.  A stay was granted by the Circuit Court on 10/12/88.  The motion was denied on 04/14/97. 

A 3.850 Appeal was filed to the Florida Supreme Court on 05/23/97.  Issues that were raised on appeal included whether trial counsel was ineffective and whether the trial court failed to adequately weigh the aggravating and mitigating circumstances.  The Court found all of the claims either without merit or procedurally barred and denied the petition on 07/16/98.

A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court on 09/26/88.  Issues that were raised on appeal included whether trial counsel was ineffective and whether the trial court erred by refusing to excuse for cause two jurors who were biased in favor of the death penalty.  The Court found all of the claims either harmless or without merit and denied the petition on 07/16/98. 

A 3.850 Motion was filed to the Circuit Court on 08/17/99.  The motion was denied on 02/12/01.

A 3.850 Appeal was filed with the Florida Supreme Court on 04/25/01.  The Court affirmed the trial court’s denial of the 3.850 Motion on 01/13/05.  The Court affirmed the trial court’s denial of Kokal’s motion to disqualify Judge Carithers. Finally, the Court rejected as procedurally barred Kokal’s due process claim based upon the State’s alleged failure to preserve evidence. 

On 04/28/05, the rehearing was denied.  The mandate was issued on 05/19/05.On 02/22/05, Kokal filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District.  The petition was amended on 03/10/05 and is currently pending.

On 07/26/05, Kokal filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 10/31/05.

FloridaCapitalCases.state.fl.us

 

 

 
 
 
 
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