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John
Bruce VINING
Classification: Murderer
Characteristics:
Robbery
Number of victims: 1
Date of murder:
November 17,
1987
Date
of arrest:
September 1,
1989
Date of birth:
March 13,
1931
Victim profile: Georgia
Caruso
Method of murder:
Shooting
Location: Orange
County, Florida,
USA
Status: Sentenced to death on April 9, 1990
Florida Supreme Court Briefs and Opinions
Docket #75915 -
John Bruce Vining, Appellant, vs. State of Florida, Appellee.
637 So. 2d 921; April 28, 1994.
Ninth
Judicial Circuit, Orange County, Case #89-2395
Sentencing Judge: The Honorable
Joseph P. Baker
Attorney, Trial: Patricia
Cashman – Assistant Public Defender
Attorney, Direct Appeal: Larry
B. Henderson – Assistant Public Defender
Attorney, Collateral Appeals:
Terri Backhus – Private
Date of Offense:
11/17/87
Date of Sentence:
04/09/90
Circumstances of Offense:
John Vining was convicted and
sentenced to death for the murder of Georgia Caruso.
In November of 1987, Caruso
advertised diamonds for sell. A man, identifying himself as “George
Williams,” but who was actually John Vining, came to Caruso’s fingernail
care business on several days in November of 1987 to discuss buying the
diamonds. Joann Ward, Caruso’s employee, was introduced to “George
Williams,” and her description of “Williams” matched John Vining.
On 11/17/87, Ward accompanied
Caruso to meet Vining at the gem lab to have the jewelry appraised.
Ward said that “Williams” was driving a black Cadillac Fleetwood, which
was the same car that Vining’s mother drove. Ward ran errands while
Caruso and Vining were at the gem lab.
Caruso, when they went to have
the jewelry appraised, introduced Ellen Zaffis and Kevin Donner,
employees of Winter Park Gem Lab to Williams aka Vining. Zaffis and
Donner also gave descriptions of “Williams” that matched Ward’s
description of “Williams.” The diamond jewelry was appraised at
$60,000.
Caruso told Ward that she and
“Williams” were going to the bank because he had decided to buy the
jewelry. Ward went back to work alone. Ward and Zaffis remembered that
Caruso was wearing a gold Rolex watch and several rings, including an
anniversary ring, a solitaire engagement ring, and 6-carat diamond
ring. None of the jewelry was found with Caruso’s body.
On 12/08/87, land surveyors
discovered Caruso’s body in Apopka, FL. The body was identified as
Caruso’s through dental records. Caruso died from two gunshot wounds:
one to the side of the face and the other to the temple. The black
Cadillac belonging to Vining’s mother was found burning shortly after
the media announced the discovery of Caruso’s body.
On 05/05/89, the Orange County
Sheriff’s Department issued a detainer against John Vining, who was
currently in prison in the state of Georgia. At that time, Vining was
serving a sentence for Kidnapping and Aggravated Assault. On 06/05/89,
Vining was indicted for First-Degree Murder and Armed Robbery in the
state of Florida.
Additional Information:
Georgia Conviction (Chatham
County)
Vining (ID# 240545) was
convicted of Aggravated Assault and Kidnapping. He was sentenced to a
15-year sentence for each offense.
Trial Summary:
09/01/89 Vining was arrested.
06/05/89 Vining was indicted on the following counts:
Count I: First-Degree
Murder (Georgia
Caruso)
Count II: Armed Robbery
02/01/90 Vining was found guilty for each count of the
indictment.
03/08/90 Upon
advisory sentencing, the jury, by an 11 to 1 majority, voted for the
death penalty.
04/09/90 Vining was sentenced as follows:
Count I: First-Degree
Murder (Georgia
Caruso) – Death
Count II: Armed Robbery
–
Life
Case Information:
Vining filed his Direct Appeal in the Florida Supreme Court on
04/27/90. The issues addressed included that the trial court erred in
not granting the defendant’s motion to dismiss, allowing
hypnotically-refreshed testimony, and restricting questioning by the
defense. Other issues include that the trial court erred by allowing
improper prosecutorial argument during the closing and mishandled
aggravating and mitigating factors, and also claimed that the death
penalty was not constitutional. The Florida Supreme Court did not find
errors that warranted reversing the conviction or sentence and affirmed
the conviction and sentence on 04/28/94. Rehearing was denied on
06/23/94. A Mandate was issued on 07/25/94.
Vining filed a Petition for Writ of Certiorari on 09/21/94 with the
United States Supreme Court. The petition was denied on 11/28/94.
Vining filed a 3.850 Motion on 03/26/96 with the circuit court. The
motion was denied on 11/02/99.
Vining filed a 3.850 Appeal on 12/08/99 with the Florida Supreme Court.
Addressed issues included that a Brady violation had occurred, Vining
was denied effective assistance of counsel, and that the death penalty
was unconstitutional. The Florida Supreme Court did not find errors
that warranted reversing the 3.850 Denial and affirmed the 3.850 Denial
on 07/03/02. Rehearing denied on 09/19/02. Mandate issued 10/21/02.
Vining filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 06/23/03. The petition was denied on 01/26/04.
Rehearing denied on 04/19/04.
On
07/19/04, Vining filed a Petition for Writ of Habeas Corpus in the
United States District Court, Middle District. The petition is
currently pending.
