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DC#
011225
DOB: 12/19/45
Seventeenth Judicial Circuit,
Broward County, Case #76-5036
(Venue changed to Hillsborough
County, Thirteenth Circuit)
Sentencing Judge: The Honorable
M. Daniel Futch, Jr.
Resentencing Judge: The
Honorable Paul L. Backman
Attorney, Trial: Craig S.
Barnard
Attorney, Direct Appeal (First
and Second): Richard L. Jorandby – Public Defender and
Louis G. Carres – Assistant Public Defender
Attorney, Direct Appeal (Third):
Richard L. Rosenbaum, Esq.
Attorney, Collateral Appeals:
Steven Hammer – Registry
Date of Offense: 10/22/76
Date of Sentence: 05/13/77
Date of Resentence: 07/15/83, 02/13/98
Circumstances of Offense:
Rose met his former girlfriend,
Barbara Berry, at a bowling alley around 9 p.m. on the evening of
10/22/76.
Berry’s eight-year old daughter accompanied Rose to the snack
bar area of the bowling alley, and this was the last time the girl was
seen that evening.
Rose left the bowling alley, presumably with the
girl. Rose later paged Ms. Berry, and when Ms. Berry returned the page,
Rose asked her what time she would be finished bowling.
Upon his return
to the bowling alley, the patrons noted that Rose had a large red spot
on his trousers that was later determined to be the same blood type as
the girl.
Prior to his return to the
bowling alley, at about 11:45 p.m., Rose’s white van was seen behind the
Pantry Pride store, near the bowling alley. The little girl’s green
sweater and pink pants were found behind the same store the next
afternoon.
Her pink blouse was found in Rose’s van, her shoes were
found on a road between a canal and the bowling alley, and her nude body
was found four days after her disappearance in a canal approximately ten
miles from the bowling alley.
Rose was a painter, and a
paint-stained hammer was found six feet from the girl’s body. She died
from severe head injuries caused by blunt force. A green fiber taken
from Rose’s clothing was consistent with fibers from the girl’s green
sweater, and a crushed hair from Rose’s sock was consistent with hair
from the girl’s hairbrush.
Trial Summary:
11/09/76 Rose was indicted on the
following:
Count
I: Kidnapping
Count II: First-Degree
Murder
05/06/77 Rose was found guilty on all counts charged in the
indictment.
The jury recommended death penalty by a majority
vote.
05/13/77 Rose was sentenced as follows:
Count I: Kidnapping
– Life
Count II: First-Degree
Murder –
Death
12/09/82 FSC
remanded case for resentencing
07/15/83 Jury
recommended death sentence by an 11-1 vote. Rose was resentenced to
death.
03/07/96 FSC
remanded case for resentencing
02/13/98 Jury
recommended death sentence by a 9-3 vote. Rose was resentenced to
death.
Case Information:
Rose filed a Direct Appeal in the Florida Supreme Court on 05/25/77.
Rose challenged his conviction of First Degree Murder and kidnapping
along with the sentence of death for the murder and life imprisonment
for the kidnapping. He argued the following points: insufficient
evidence, the giving of an “Allen charge” to the jury, excusal of three
jurors for cause, as well as other issues that the court found to have
no merit.
The FSC affirmed the conviction, but vacated the death
sentence and remanded for resentencing on 12/09/82.
Rose filed a Petition for Writ of Certiorari in the United States
Supreme Court on 03/14/83. This petition was denied on 04/25/83.
A
second sentencing jury recommended the death penalty for Rose by an 11-1
vote, and he was resentenced to death on 07/15/83.
Rose filed a second Direct Appeal in the Florida Supreme Court on
07/21/83. Rose challenged his resentencing to death on seventeen
grounds. The court only discussed a few, which were: prosecutorial error
in opening statement, juror error, denial of a motion for an updated
presentence investigation report, failing to grant a continuance for the
sentencing phase of the trial, erroneous juror instructions, inclusion
of prior convictions, and improper aggravating circumstances. The FSC
affirmed the resentencing to death on 12/06/84.
Rose filed a Petition for a Writ of Certiorari in the United States
Supreme Court on 03/22/85. This petition was denied on 06/03/85.
On
08/05/86, Governor Graham signed a death warrant. Rose’s execution was
set for 09/03/86.
Rose filed a Petition for Writ of Habeas Corpus in the Florida Supreme
Court along with a Stay of Execution on 08/25/86. The Florida Supreme
Court issued a stay of execution on 08/27/86 to allow it to consider the
issues raised by Rose. Rose claimed the following: denial of
opportunity for full appellate review due to indigency, the death
penalty was imposed in an arbitrary and discriminatory manner, and
ineffective assistance of counsel. The Florida Supreme Court denied the
Petition and vacated the Stay of Execution on 05/07/87.
Rose filed a Petition for a Writ of Certiorari in the United States
Supreme Court on 09/10/87. The Petition was denied on 11/02/87.
Rose filed a 3.850 Motion in the Circuit Court on 10/11/88, which was
denied on 03/13/89.
Rose filed a 3.850 Motion Appeal in the Florida Supreme Court on
06/01/89. Rose argued that he was denied due process by the lower
court’s refusal of the 3.850 motion. He also claimed ineffective
assistance of counsel and that error occurred in not having an
evidentiary hearing. On 05/28/92, the Florida Supreme Court reversed
the lower court’s denial of the 3.850 Motion and remanded the issue for
an evidentiary hearing.
On
03/09/94, the Circuit Court denied Rose’s 3.850 Motion.
Rose filed a second 3.850 Motion Appeal in the Florida Supreme Court on
04/29/94. Rose argued ineffective assistance of counsel at both the
guilt phase and penalty phases of the trial. On 03/07/96, the Florida
Supreme Court reversed the trial court’s denial of the 3.850 Motion,
vacated the death sentence, and remanded the case for resentencing.
The jury recommended a death sentence by a vote of 9-3, and Rose was
resentenced to death on 02/13/98.
Rose filed a third Direct Appeal in the Florida Supreme Court on
11/12/98, citing seventeen issues. The Florida Supreme Court affirmed
the sentence of death on 04/05/01.
Rose filed a Petition for Writ of Certiorari in the United States
Supreme Court on 10/31/01, which was denied on 03/18/02.
Rose filed a 3.850 Motion in the Circuit Court on 09/17/03. The motion
was denied on 02/09/06.
On
03/10/06, Rose filed a 3.850 Appeal in the Florida Supreme Court, which
is currently pending.
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