The Commission on Capital Cases updates this information regularly

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.

WHITE, William Melvin (W/M)

DC # 067048

DOB: 05/23/45

Ninth Judicial Circuit, Orange County, Case #CR78-1840

Sentencing Judge: The Honorable Alice Blackwell White

Resentencing Judge: The Honorable Margaret T. Waller

Attorneys, Trial: Steven H. Malone - Assistant Public Defender

Attorney, Resentencing: Chandler R. Muller - Private

Attorneys, Direct Appeal: Craig S. Barnard & Richard B. Greene - Assistant Public Defender

Attorneys, Direct Appeal (Resentencing): Chandler R. Muller - Private

Attorney, Collateral Appeals: Eric Pinkard – Private

Date of Offense: 06/06/78

Date of Sentence: 12/20/78

Date of Resentencing: 04/20/00

Circumstances of Offense:

William Melvin White was convicted of murdering Gracie Mae Crawford on 06/06/78.

White was a member of a motorcycle gang in Kentucky called the Outlaws. He was visiting the Orlando chapter of the Outlaws the night of the murder. On the night of 06/06/78, the motorcycle gang went out to a nightclub in Orlando to have a few drinks. While at the nightclub, the group met the victim, Gracie Mae Crawford. After spending a few hours drinking at the nightclub, the Outlaws and Crawford went back to their clubhouse.

Shortly after returning to the clubhouse, White and his girlfriend went to the bedroom they were staying in while Crawford remained with the gang and continued to drink. White and his girlfriend remained in the bedroom until another gang member, Richard DiMarino, knocked on the door and told White that Crawford liked African Americans and they needed to “teach her a lesson.” Upon hearing this, White left the bedroom and went into the kitchen where he, DiMarino, and a third gang member, Guy Ennis Smith, preceded to beat Crawford. After the three men had finished beating her, White and DiMarino took her from the kitchen and put her in the front seat of White’s girlfriend’s car. They drove the car to a secluded area at the end of a deserted road where they pulled Crawford from the car and then passed her over a barbed wire fence and laid her on the ground. White then sat on top of Crawford and fatally stabbed her in the chest 14 times and then cut her throat. White then gave the knife to DiMarino who cut her throat again.

DiMarino and White left the crime scene and attempted to return home, but the two men ran out of gas and pulled into the Seaworld parking lot. Two security guards on duty (who later identified the two men to authorities) gave the men some gas for their car. White and DiMarino then returned to the crime scene and picked up Crawford’s body and disposed of it in a different location.

Codefendant Information:

Richard DiMarino, the codefendant in this case, received a lesser charge and sentence in return for his testimony against White. He was found guilty of third-degree murder and was sentenced to fifteen years in prison.

Trial Summary:

07/11/78 Defendant was indicted on the following charges:

Count I: First-Degree Murder (Gracie Mae Crawford)

11/30/78 Jury returned a guilty verdict.

11/30/78 Jury recommended the Death Penalty by a 12-0 majority.

12/20/78 The defendant was sentenced as followed:

Count I: First-Degree Murder (Gracie Mae Crawford) – Death

03/11/99 The Florida Supreme Court affirmed the trial court’s denial of the 3.850 motion but remanded the case for a new penalty phase hearing.

Resentencing:

11/23/99 Jury recommended the Death Penalty by a 10-2 majority.

04/20/00 The defendant was resentenced to death.

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #55,875

415 So.2d 719

01/08/79 Appeal filed.

04/01/82 FSC affirmed the conviction and sentence.

07/08/82 Rehearing denied.

11/29/82 Mandate issued.

State Circuit Court - 3.850 Motion

CC #78-1840

10/04/83 Motion filed.

02/23/87 Stay of execution granted by Florida Supreme Court to hold an evidentiary hearing.

04/18/96 Motion denied.

Florida Supreme Court - Petition for Writ of Habeas Corpus

FSC #71,184

523 So. 2d 140

09/24/87 Petition filed.

01/28/88 Petition denied.

04/13/88 Rehearing denied.

United States Supreme Court - Petition for Writ of Certiorari

USSC #87-7235

488 U.S. 871

06/13/88 Petition filed.

10/03/88 Petition denied.

Florida Supreme Court - 3.850 Appeal

FSC #88,686

29 So.2d 909

08/08/96 Appeal filed.

03/11/99 Florida Supreme Court remanded the case to the trial court for a new penalty phase hearing.

04/19/99 Rehearing denied.

05/19/99 Mandate issued.

Florida Supreme Court - Direct Appeal (Resentencing)

FSC #00-1148

817 So. 2d 799

05/26/00 Appeal filed.

04/04/02 Sentence affirmed.

05/16/02 Rehearing denied.

United States Supreme Court - Petition for Writ of Certiorari

USSC #02-6894

123 S. Ct. 699

10/11/02 Petition filed.

12/16/02 Petition denied.

State Circuit Court – 3.850 Motion

CC #78-1840

12/16/03 Motion filed.

10/25/04 Evidentiary hearing held.

06/23/05 Evidentiary hearing held.

08/05/05 Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #05-1613

964 So.2d 1278

09/06/05 Appeal filed.

07/12/07 FSC affirmed denial of motion.

07/27/07 Motion for Rehearing filed.

09/10/07 Rehearing denied.

09/26/07 Mandate issued.

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC #07-CV-1834

(Pending)

11/19/07 Petition filed

02/10/10 USDC administratively stayed case pending final resolution of Holland by the USSC

08/13/10 Motion to reopen case and schedule Evidentiary Hearing

10/08/10 Order granting motion to reopen case and denying, without prejudice, a motion to schedule an Evidentiary Hearing

State Circuit Court – 3.851 Motion

CC #78-1840

01/24/11 Motion filed

03/24/11 Motion denied

Warrants:

02/02/87 Death Warrant signed by Governor Martinez.

02/20/87 Stay of Execution granted by Circuit Court Judge Stroker.

Clemency:

09/16/83 Clemency hearing held.

Factors Contributing to the Delay in Execution of Sentence

On 01/08/79, William Melvin White filed a Direct Appeal in the Florida Supreme Court that was pending for approximately 3 ½ years until the FSC affirmed the convictions and sentences of the trial court on 04/16/82. White then filed a 3.850 Motion to Vacate Judgment and Sentences on 10/04/83, and obtained a Stay of Execution from the Circuit Court pending an evidentiary hearing. His 3.850 Motion was not decided on until 04/18/96, 13 years after it was originally filed. Following this decision, the defendant filed an Appeal regarding the denial of his 3.850 Motion that was in the Florida Supreme Court for approximately three years, until the FSC remanded his case to the trial court for a new penalty phase hearing on 03/11/99.

Case Information:

On 01/08/79, William White filed his Direct Appeal in the Florida Supreme Court. He claimed there was prosecutorial misconduct with regard to comments made by the prosecutor. He also contended that the trial court erred in the jury selection process. The Florida Supreme Court found no merit in any of the claims and affirmed White’s conviction and sentence on 04/01/82.

On 10/04/83, White filed a 3.850 Motion in the Circuit Court. This Motion was denied on 04/18/96.

On 09/24/87, the defendant filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The Petition was denied on 01/28/88.

Following the denial of his Petition for Writ of Habeas Corpus on 06/13/88, William White filed a Petition for a Writ of Certiorari in the United States Supreme Court, which was denied on 10/03/88.

On 08/08/96, White filed a 3.850 Motion Appeal in the Florida Supreme Court. White contended in the appeal that he received ineffective counsel. He also claimed that details about a deal made with DiMarino were not disclosed by the State. The Court found no merit to these two claims. In his final claim White contended that there was a violation of Hitchcock. The Court found that the trial court improperly barred mitigating circumstances that should have been considered. On 03/11/99, the Florida Supreme Court remanded the case to the trial court with instructions to conduct another sentencing proceeding.

White was resentenced on 04/20/00. He filed his Direct Appeal on 05/26/00. In his appeal, White claimed that the trial court erred in not allowing facts of a previous crime he had committed but allowed the criminal history of DiMarino. The Court found no abuse of the trial court’s discretion. White also contended that the trial court erred in finding the hindering the enforcement of laws aggravator. The Court found that there was substantial evidence in support of the aggravating circumstance. White also argued that the trial court erred by not finding that he acted under extreme duress during the murder as an aggravating circumstance. Again, the Court found substantial evidence in support of the trial court’s ruling. In White’s final claim he argued that his death sentence was not proportionate in regard to DiMarino’s sentence. The Court found that White was the more culpable defendant and found that his sentence was proportionate. The Court affirmed White’s conviction and sentence on 04/04/02. His Rehearing was denied on 05/16/03.

White filed a Petition for a Writ of Certiorari in the United States Supreme Court on 10/11/02. This petition was subsequently denied on 12/16/02.

White filed a 3.850 Motion in the State Circuit Court on 12/16/03, which was denied on 08/05/05.

On 09/06/05, White filed a 3.850 Appeal in the Florida Supreme Court. On 07/12/07, the FSC affirmed denial of motion. White filed a Motion for Rehearing on 07/30/07, which was denied on 09/10/07. On 09/26/07, the Florida Supreme Court issued a mandate for this appeal.

On 11/19/07, White filed a Petition for Habeas Corpus in the USDC, Middle District. This case is currently pending. On 02/10/10, the USDC administratively stayed the case pending a final resolution of Holland in the USSC. On 08/13/10, White filed a motion to reopen the case and schedule an Evidentiary Hearing. On 10/08/10, the USDC issued an order granting the motion to reopen the case and denying the motion to schedule an Evidentiary Hearing without prejudice.

White filed a successive 3.851 Motion in the State Circuit Court on 01/24/11. The motion was denied on 03/24/11.

Institutional Adjustment:

DATE	DAYS	VIOLATION	LOCATION
03/21/79	30	DISRESP.TO OFFICIALS	FLORIDA STATE PRISON
10/01/80	30	DISORDERLY CONDUCT	FLORIDA STATE PRISON
12/22/80	30	FAILURE TO COMPLY	FLORIDA STATE PRISON
01/04/81	0	DISOBEYING ORDER	FLORIDA STATE PRISON
01/06/81	10	FAILURE TO COMPLY	FLORIDA STATE PRISON
02/19/82	0	DISOBEYING ORDER	CENTRAL OFFICE
07/04/82	0	DISRESP.TO OFFICIALS	CENTRAL OFFICE
10/21/82	180	UNARMED ASSAULT	CENTRAL OFFICE
10/21/82	60	DISRESP.TO OFFICIALS	CENTRAL OFFICE
10/21/82	60	DISOBEYING ORDER	CENTRAL OFFICE
06/23/86	30	DISRESP.TO OFFICIALS	FLORIDA STATE PRISON
06/24/86	60	DISRESP.TO OFFICIALS	FLORIDA STATE PRISON
09/07/86	30	DISOBEYING ORDER	FLORIDA STATE PRISON
09/30/86	15	POSS OF NEGOTIABLES	FLORIDA STATE PRISON
01/19/89	60	UNARMED ASSAULT	FLORIDA STATE PRISON
09/20/90	0	DISOBEYING ORDER	FLORIDA STATE PRISON
03/30/92	0	POSS OF WEAPONS	FLORIDA STATE PRISON
08/01/93	0	DISOBEYING ORDER	UNION C. I.
06/30/94	0	DISRESP.TO OFFICIALS	UNION C. I.
09/21/94	0	POSS OF CONTRABAND	UNION C. I.
03/25/95	0	POSS OF CONTRABAND	UNION C. I.
04/05/01	0	MISUSE OF STATE PROP	UNION C. I.

____________________________________________________________________

Reported 07/07/03 EMC

Approved 7/22/03 WS

Updated 04/13/11 MJH