Sixth Judicial Circuit,
Pinellas County Case# 95-20270
Sentencing Judge: The Honorable
Brandt D. Downey, III
Attorney, Trial: Pro Se & Nora
McClure - Standby Assistant Public Defender
Attorney, Direct Appeal: Paul
C. Helm – Assistant Public Defender
Attorney, Collateral Appeals:
Joseph T. Hobson – Private
Date of Offense: 12/02/95
Date of Sentence: 02/20/98
Circumstances of the Offense:
On 12/02/95, Anthony LaMarca met
his daughter, Tonya Flynn, and her husband, Kevin Flynn, at a bar.
Around 7:45 p.m., Kevin left to drive LaMarca home.
At 8:30 p.m., LaMarca returned to the bar alone and told Tonya they needed to drive to
a relative’s house in Hudson County to pick up Kevin. When they arrived
at the house, no one was home. Tonya claims that LaMarca then raped her
and asked her to leave Florida with him.
He stated that her feelings
for her husband would not last. Tonya then called the police and
reported the rape. Police spotted LaMarca walking alongside the road
but were unable to apprehend him because he took off running.
Early in the morning of
12/03/95, the police arrived at LaMarca’s home. They discovered Kevin
Flynn’s body in the bedroom. Bullet cases and blood splatters were
found in the living room. A trail of blood led to the bedroom.
A neighbor testified to seeing
LaMarca arrive at his house on the night of 12/02/95 with another man
with whom he appeared to be arguing. Another witness, Jeremy Smith,
testified to LaMarca’s confession of murdering Kevin.
A prison inmate
testified that while LaMarca was incarcerated with him for a different
matter, he stated that when he was released he was going to kill Kevin
Flynn. Although there was no medical evidence to support Tonya’s
accusation of rape, testimony was provided stating that LaMarca had also
raped his stepdaughter.
Indicted as follows:
Count I: First-Degree
returned guilty verdicts on all counts of the indictment.
recommended death by a vote of 11-1.
Sentenced as follows:
Count I: First-Degree
Murder – Death
On 03/19/98, LaMarca
filed a Direct Appeal to the Florida Supreme Court. LaMarca
contended that evidence regarding the incident with his
stepdaughter and the rape of his daughter, which was
necessary for establishing premeditation and motivation,
was withheld. Also, evidence relevant to the daughter’s
motive was erroneously withheld.
LaMarca also objected to the
prosecutor’s discussion of LaMarca’s being in jail. LaMarca also
argued error in the court’s refusal to accept mitigating circumstances
proffered by standby counsel and the disproportionality of the death
sentence based on one aggravator.
LaMarca filed a Petition
for Writ of Certiorari to the United States Supreme Court on 07/26/01.
The petition was denied on 10/01/01.
LaMarca filed a 3.851
Motion to the Circuit Court on 10/02/02. The Motion was denied on
On 10/13/03, LaMarca
filed a 3.851 Appeal to the Florida Supreme Court.
On 04/20/06, the Court affirmed the trial court’s denial of all 22
claims made by LaMarca. The Court addressed LaMarca’s three main
claims: (1) LaMarca has failed to overcome the strong presumption that
his counsel rendered effective assistance as required by Strickland
v. Washington, (2) he has failed to establish either a Brady
or Giglio violation, and (3) his sentence is not
unconstitutional, nor did the trial court abuse its discretion by
allowing the prosecutor who represented the State in LaMarca’s trial
conduct the evidentiary hearing. The rehearing was denied
on 06/07/06. The mandate was issued on 06/23/06.
On 05/17/04, LaMarca
filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court,
which was denied on 04/20/06. The rehearing was denied on 06/07/06.
The mandate was issued on 06/23/06.
On 06/22/06, LaMarca
filed a Petition for Writ of Habeas Corpus to the United States District
Court, Middle District. On 06/23/06, the petition was dismissed without
prejudice, and the Court ordered LaMarca to file an amended petition.
The petition is currently pending.