AKA: Steven William Prince; George Curtis Cook, Jr.; Ray Justice; Alberto Justice.; Rex Cole

DC# 071615
DOB: 05/09/56

Fifteenth Judicial Circuit, Palm Beach County, Case #79-167CF
Sentencing Judge: The Honorable Vaughn J. Rudnick
Trial Attorney: Gordon Barrs – Assistant Public Defender
Attorney, Direct Appeal: Robert M. Leen
Attorney, Collateral Appeals: Michael Morris – Registry

Date of Offense:  12/04/78

Date of Sentence:  12/14/79

Circumstances of Offense:

On the evening of 12/04/78, the defendant, Paul Scott, and his codefendant, Richard Kondian, murdered James Alessi in his home.  A witness, Charles Soutullo, claimed he was asked to participate in a scheme to rob and murder the victim, but refused.  The victim, who knew both men, picked up Scott and Kondian and later returned with them to his home. 

Alessi’s nude body was found on a sofa in his home on 12/05/78.  He was covered with blood and his hands and feet were tightly bound with electrical cord and telephone wire.  Alessi had been beaten in the head, chest and on the arms.  One blow to the head was so severe that it caused a compressed skull fracture. The cause of death was determined to be a result of the head injuries.

Evidence indicated a violent struggle took place and attempts were made by the victim to free himself.  Throughout the home, there were broken articles and bloodstains were on the walls, furniture, curtains and floors.  

Scott’s fingerprints were found on various items throughout the home, including the neck of a broken vase and a bloodstained knife found on the sofa where the victim’s body was found. 

After beating Alessi to death, Scott and Kondian rummaged through his house.  They later entered his florist and jewelry shop with a key and seized most of the gold jewelry.  

They also stole Alessi’s car.  Scott and Kondian were both apprehended in Sacramento, California, one month after the murder.  At the time of his arrest, Scott had in his possession a golden bear charm that was identical to the one that belonged to the victim.

Additional Information: 

At the time of this offense, Scott was an absconder from parole supervision in California for second-degree murder.

Codefendant:  Kondian, Richard Jr. (Palm Beach County, Case #79-0167) 

On 02/06/80, Kondian was sentenced to 45 years for murder in the second degree. Kondian was paroled on 02/08/94.  He is presently under supervision in Rhode Island, and his parole is not scheduled to expire until 11/28/2023.

Trial Summary:

01/05/79          Scott was arrested in Sacramento, California.

01/08/79          Scott was returned to Palm Beach County, Florida.

01/17/79          The defendant was indicted on the following:

Count I:  First-Degree Murder

10/10/79          Scott was found guilty by the trial jury of first-degree murder as charged in the indictment.

10/24/79          Upon advisory sentencing, the trial jury, by a 7 to 5 majority, voted for the death penalty.

12/14/79          Defendant was sentenced as follows:

Count I:  First-Degree Murder – Death

Case Information:

On 01/31/80, Scott filed a Direct Appeal in the Florida Supreme Court.  In his direct appeal, Scott argued several issues.  First, he argued that the evidence provided by the State was insufficient to prove guilt beyond a reasonable doubt and did not exclude a reasonable hypothesis of innocence.  He also contended that evidence did not support a finding of premeditation, robbery or burglary. 

Scott argued that error occurred when the court sustained the State’s objection on the basis of irrelevance to the question asked of a State witness by defense counsel. Scott also argued that the court gave erroneous jury instructions on the felony-murder rule and that jury selection occurred on a Jewish religious holiday, excluding a segment of the community from selection.  

He argued that the court erred in finding that the murder occurred during the commission of, or attempt to commit robbery and/or burglary, and was for pecuniary gain and was cruel.  Scott’s final arguments were that a journalist was erroneously excluded from providing testimony and that Florida’s death penalty statute is unconstitutional.  

The court found no merit in Scott arguments and affirmed his conviction and sentence of death on 10/20/82.

Scott then filed both a Petition for Writ Habeas Corpus on 05/31/83.  The petition was denied on 06/03/83. 

On 06/03/83, Scott filed a federal Petition for Writ of Habeas Corpus in the United District Court. The District Court granted a Stay of Execution to allow Scott to seek relief in state court on 06/06/83.  On 05/26/88, the petition was denied and the stay of execution was vacated on 06/05/88.   

Scott then filed his first 3.850 Motion in Circuit Court on 02/16/84. This motion was immediately denied without prejudice, because the Trial Court claimed the defendant did not properly swear to the motion.

On 03/26/84, Scott filed a 3.850 Appeal in the Florida Supreme Court.  The Florida Supreme Court affirmed the denial of Scott’s 3.850 Motion on 01/10/85.

Scott then filed the corrected 3.850 Motion on 12/27/85. The main issue raised was ineffective assistance of counsel. The trial court denied this motion on 07/23/86.

On 09/17/86, Scott filed a 3.850 Appeal in the Florida Supreme Court.  The court affirmed the denial of Scott’s 3.850 Motion on 08/20/87.

Scott filed a Habeas Appeal in the United States Court of Appeals, 11^th Circuit on 06/05/88.  The court affirmed the denial of Scott’s Habeas Appeal on 12/14/89.

On 06/08/90, Scott filed a Petition for Writ of Certiorari.  The petition was denied on 10/01/90.

The Governor signed Scott’s second death warrant on 10/19/90.  The Florida Supreme Court granted a stay on 10/29/90 to allow new postconviction counsel the opportunity to file a second 3.850 Motion. 

Scott filed a Petition for Writ of Habeas Corpus on 10/26/90.  The petition was denied on 11/04/93.

Scott subsequently filed another 3.850 in Circuit Court on 12/18/90. Scott asserted that relief should be granted on account that allegedly new statements had been made by his codefendant and a witness had recanted his testimony.  The trial court denied relief on 03/06/91 without an evidentiary hearing.

On 04/18/91, Scott filed a 3.850 Appeal in the Florida Supreme Court.  In the appeal, Scott made several claims.  First, he claimed that error occurred in the Circuit Court ruling on his second 3.850 Motion without holding an evidentiary hearing.  Next, he claimed that newly discovered evidence established his innocence. 

He also contended that his codefendant’s sentence of 45 years rendered his disproportionate, he was erroneously denied an opportunity to present exculpatory evidence and he was denied effective assistance of counsel.  Scott’s final claims were that the prosecutor improperly argued inapplicable aggravating factors, and his sentence was unconstitutionally founded on arbitrary, capricious, and impermissible evidence.  

On 02/24/94, the court found Scott’s appeal to be without merit and affirmed the denial of his 3.850 Motion.

A third death warrant was signed by Governor Lawton Chiles on 09/30/94.  The Florida Supreme Court granted a stay of execution on 11/18/94.

Scott filed his fourth 3.850 Motion on 10/31/94.  Scott claimed there was newly-discovered evidence and the State violated the Brady rule. (Brady V. Maryland, 373 U.S. 83.)  Scott alleged that the State violated the rule by not disclosing a statement made by a cellmate of Richard Kondian, his codefendant.

The inmate claimed he told an officer that Kondian admitted to killing the victim. Scott also claimed that another inmate related to police that Kondian stated he was angry with Scott for “running out on him” and not participating in the murder.  The motion was denied on 11/08/94.

On 10/31/94, Scott also filed a Petition for Writ of Habeas Corpus in the United States Circuit Court.  On 11/07/94, the court denied the Rule 60(b) and granted a Certificate of Probable Cause.   The Certificate was denied on 11/10/94. 

On 11/02/94, Scott filed a Habeas Appeal in the United States Court of Appeals.  The court affirmed the denial of Scott’s Habeas Petition on 11/14/94. 

Scott filed a 3.850 Appeal in the Florida Supreme Court on 11/09/94.  On 03/16/95, the Florida Supreme Court concluded that the trial court erred in failing to hold an evidentiary hearing on these issues and remanded the case to the trial court for an evidentiary hearing.  

On 11/14/94, Scott filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.  The petition was denied on 03/16/95.

Scott then filed a Petition for Writ of Certiorari in the United States Supreme Court.  The petition was denied on 06/19/95. 

On 04/23/96, Scott’s remanded 3.850 Motion to the Circuit Court was denied 

Scott appealed the Circuit Court’s decision to the Florida Supreme Court on 07/22/96.  In his 3.850 Appeal, he claimed that the court erred in allowing the assistant state counsel to serve as both prosecutor and witness and erred in denying his seven motions to disqualify the judge.  He also claimed that error occurred in the scheduling of the evidentiary hearing, holding the hearing without him present and denying his motions to continue the hearing and to depose certain witnesses. 

Scott also claimed that the trial court erroneously excluded certain evidence from the evidentiary hearing and that he was denied effective assistance of counsel.  The court disagreed with all of Scott’s claims.  On 03/26/98, the court affirmed the denial of Scott’s 3.850 Motion.

On 09/14/98, Scott filed a Petition for Writ of Certiorari to the United States Court.  The petition was denied on 11/02/98.

On 06/23/03, Scott filed another 3.850 Motion in the State Circuit Court.  The motion was denied on 10/21/03.

Floridacapitalcases.state.fl.us

Paul William Scott