The Commission on Capital Cases updates this information regularly. This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
RODGERS, Theodore (B/M)
DOB: 06/16/40
Ninth Judicial Circuit, Orange County Case # 01-2386
Sentencing Judge: The Honorable Belvin Perry
Attorney, Trial: Rowana Williams – Assistant Public Defender
Attorney, Direct Appeal: James R. Wulchak – Assistant Public Defender
Attorney, Collateral Appeals: Andrea Norgard – Registry
Date of Offense: 02/14/01
Date of Sentence: 06/16/04
Circumstances of Offense:
On 02/14/01, Theodore Rodgers murdered his wife Teresa Henderson. Prior to the murder, Rodgers suspected that his wife was having an affair.
On 02/14/01, Rodgers left his plumbing job in the morning to go the daycare facility that was run by his wife, Teresa Henderson. When he entered the facility, Henderson’s daughter yelled out that Rodgers was there. At that point, Henderson’s ex-husband, Willie Bee Odom, ran past Rodgers while exiting the facility, wearing just his pants and carrying his shoes and shirt. Rodgers discovered his wife in the bathroom with only a bra on. Suspecting his wife had been unfaithful, he told his wife she was a disappointment and that he was leaving her. He then left to finish his plumbing job.
Rodgers called a friend, Verna Fudge, who is also a minister and was a previous romantic partner, for a place to stay temporarily while he left his wife. She could not provide him with a place to stay but advised him to seek counsel and talk to his wife. Rodgers then called his plumbing partner to inquire about jobs. During the conversation, he mentioned he was having marital problems and was “tired of her doing what she’s doing,” and, depending on his wife’s version of what happened with her ex-husband, he was going to either “take care of the problem” or “kill her.”
Rodgers then went to a store to purchase a Valentine’s Day card and flowers. He took them back to his home. He then received a call from Henderson asking him to return to the day care to resolve their dispute. Upon arriving at the day care, Rodgers claimed no lights were on, the television was on, and no children were present. He also claimed that he began to question his wife. She then got up from the couch where she had been sitting and pointed a gun and at him and fired. The shot missed and a struggle ensued over the gun. During the struggle, the gun fired a few times, hitting her.
Three children, who were present at the day care on 02/14/01, testified that Rodgers angrily entered the day care and began arguing with Henderson. He kicked and slapped Henderson and then retrieved a gun out of a back bedroom. The children said Rodgers shot Henderson a few times as she tried to escape through the front door.
After driving around for a while, Rodgers went to a pool hall where he saw a couple friends. He told his friends he was going to hell. He did not act like his usual self and called his work partner to tell him goodbye and that he had killed his wife and was now going to kill himself. He then took a gun and shot himself in the head, but survived the suicide attempt.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
|
02/04/78 |
MANSLAUGHTER |
06/08/79 |
ORANGE |
|
5Y 0M 0D |
|
|
02/04/78 |
HOMICIDE,MANSL.CUL.NEGL |
06/08/79 |
ORANGE |
|
10Y 0M 0D |
|
Trial Summary:
03/27/01 Indicted as follows:
Count I: First-Degree Murder
10/17/03 Jury returned a guilty verdict on the sole count of the indictment.
10/22/03 Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the death penalty.
06/16/04 Sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 04-1425
948 So. 2d 655
07/19/04 Appeal filed
10/26/06 FSC affirmed conviction and sentence
01/24/07 Rehearing denied
02/09/07 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-10961
128 S.Ct. 59
04/24/07 Petition filed
10/01/07 Petition denied
Circuit Court – 3.851 Motion
CC# 01CF-2386
(Pending)
09/18/08 Motion filed
06/16/09 Amended motion filed
09/04/09 Second amended motion filed
08/24/10 Third amended motion filed
Case Information:
On 07/19/04, Rodgers filed a Direct Appeal to the Florida Supreme Court, alleging several court errors: improperly excusing a juror who stated that they could follow the law and return a death sentence, if called for by the aggravating and mitigating circumstances; improperly basing a sentence on hearsay evidence, thus depriving the defendant of his right to confrontation; ruling that unscientific I.Q. test results are admissible; ignoring a claim of mental retardation; erring in handing down a death sentence despite mental retardation; expressing judicial views on sentencing of domestic abusers and killers; and following a death penalty procedure that violates the Sixth and Fourteenth Amendments under Ring v. Arizona. On 10/26/06, the FSC affirmed the conviction and sentence.
On 04/24/07, Rodgers filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 10/01/07.
On 09/18/08, Rodgers filed a 3.851 Motion in the Circuit Court. Rodgers has filed amended motions on 06/16/09, 09/04/09, and 08/24/10. This motion is currently pending.
________________________________________________________________________
Report Date: 03/08/07 JFL
Updated: 09/15/10 EMJ