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. 

KOKAL, Gregory Alan (W/M)

DC#    072002

DOB:  02/27/63

Fourth Judicial Circuit, Duval County, Case# 83-8975-CF

Sentencing Judge:  The Honorable James L. Harrison

Attorney, Trial:  Dale Westling – Private

Attorney, Direct Appeal:  Wayne F. Flowers – Private

Attorney, Collateral Appeals:  Linda M. McDermott – Registry/Federal

Date of Offense:  09/29/83      

Date of Sentence:  11/14/84    

Circumstances of Offense:

At approximately midnight on 09/29/83, Gregory Alan Kokal and William O’Kelly picked up a hitchhiker, victim Jeffrey Russell.  They then drove to a Jacksonville Beach park.  When they exited the car, Russell was attacked and beaten with Kokal’s pool cue before he was robbed.  Russell was forced to walk approximately 100 feet where he pled for his life as he was beaten unconscious with the pool cue.  Russell was then fatally shot with a .357 revolver.  The body was discovered the following day, and the police initially reported that the victim had been beaten to death.  During the autopsy, it was determined that the gunshot killed the victim.  The fact the gunshot was the cause of death was restricted to the investigating officers.

Kokal was apprehended the following morning by police after he fled a gas station without paying in O’Kelly’s truck.  When the police officer asked Kokal for identification, he produced O’Kelly’s Colorado license, the victim’s New York license, and an Arizona vehicle registration in O’Kelly’s name, in addition to his own Florida license.  The officer arrested Kokal for the gasoline theft and the truck was seized and inventoried.  When the truck was inventoried, the murder weapon and a box of shells were found bearing Kokal’s fingerprints.  Kokal was released, however, because the officer was not aware of his involvement in the murder.  Later that same day, Kokal told a friend about the robbery and murder, including details only known to the police, such as the fatal gunshot.  Kokal was arrested after a warrant was issued for his capture.

Codefendant Information:  

William O’Kelly pled guilty to the lesser offense of second-degree murder in exchange for trial testimony against Kokal.

Prior Incarceration History in the State of Florida:  

Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983)
Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
01/10/1980	GRAND THEFT MOTOR VEHICLE	02/07/1980	DUVAL		3Y 0M 0D

Trial Summary:

10/20/83          Defendant indicted with the following:

Count I:           First-Degree Murder

10/04/84          Defendant found guilty of First-Degree Murder

10/12/84          Jury recommended Death by a vote of 12-0

11/14/84          Defendant was sentenced as follows:

                                    Count I:           First-Degree Murder – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 66,305

492 So. 2d 1317

12/19/84          Appeal filed.

07/17/86          FSC affirmed conviction and sentence.

09/17/86          Rehearing denied.

10/20/86          Mandate issued.

State Circuit Court – 3.850 Motion

CC# 83-8975-CF

09/26/88          Motion filed.

04/14/97          Motion denied.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 73,102

718 So. 2d 138

09/26/88          Petition filed.

07/16/98          Petition denied.

08/17/98          Mandate issued.

Florida Supreme Court – 3.850 Appeal

FSC# 90,622

718 So. 2d 138

05/23/97          Appeal filed.

07/16/98          FSC affirmed trial court’s denial of the 3.850 motion.

08/17/98          Mandate issued.

State Circuit Court – 3.850 Motion

CC# 83-8975-CF

08/17/99          Motion filed.

02/12/01          Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC# 01-882

901 So.2d 766

04/25/01          Appeal filed.

01/13/05          FSC affirmed trial court’s denial of the 3.850 motion.

04/28/05          Rehearing denied.

05/19/05          Mandate issued.

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

USDC# 05-173

02/22/05          Petition filed.

03/10/05          Amended petition filed.

02/11/08          Petition denied.

United States Supreme Court – Petition for Writ of Certiorari

USSC# 05-6014

126 S. Ct. 560 (Mem)

07/26/05          Petition filed.

10/31/05          Petition denied.

State Circuit Court – 3.851 Motion

CC# 83-8975

07/25/08          Motion filed.

08/30/10          Motion denied.

United States Court of Appeals, 11th Circuit – Habeas Appeal

USCA# 08-11722

623 F.3d 1331

08/20/08          Appeal filed.

10/18/10          USCA affirmed the decision of the lower court.

Florida Supreme Court – 3.851 Appeal

FSC# 10-2007

(Pending)

10/20/10          Appeal filed.

State Circuit Court – 3.851 Motion

CC# 83-8975

10/20/10            Motion filed.

10/21/10            Motion denied.

11/03/10            Motion for Rehearing filed.

11/08/10            Motion denied.

Florida Supreme Court – 3.851 Appeal

FSC# 10-2514

(Pending)

12/10/10            Appeal filed.

Warrants:

08/25/88          Death Warrant signed by Governor Bob Martinez.

10/12/88          Stay of execution issued by the Circuit Court.

Clemency:

12/07/87          Clemency hearing held (denied).

Factors Contributing to the Delay in Imposition of Sentence:

The Petition for Writ of Habeas Corpus was pending in the Florida Supreme Court for ten years prior to disposition.  Simultaneously, a 3.850 motion was pending in the Circuit Court for eight years prior to disposition.

Case Information:

A Direct Appeal was filed to the Florida Supreme Court on 12/21/84. Issues that were raised on appeal included whether the trial court erred in applying the heinous, atrocious, and cruel aggravator, and whether the trial court erred in not suppressing the murder weapon seized during the vehicle inventory following appellant’s arrest for stealing gas.  The Court found all of the claims either harmless or without merit and affirmed the conviction and sentence of death on 07/17/86.  A death warrant was signed by Governor Bob Martinez on 08/25/88.

A 3.850 Motion was filed to the Circuit Court on 09/26/88.  A stay was granted by the Circuit Court on 10/12/88.  The motion was denied on 04/14/97. 

A 3.850 Appeal was filed to the Florida Supreme Court on 05/23/97.  Issues that were raised on appeal included whether trial counsel was ineffective and whether the trial court failed to adequately weigh the aggravating and mitigating circumstances.  The Court found all of the claims either without merit or procedurally barred and denied the petition on 07/16/98.

A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court on 09/26/88.  Issues that were raised on appeal included whether trial counsel was ineffective and whether the trial court erred by refusing to excuse for cause two jurors who were biased in favor of the death penalty.  The Court found all of the claims either harmless or without merit and denied the petition on 07/16/98. 

A 3.850 Motion was filed to the Circuit Court on 08/17/99.  The motion was denied on 02/12/01. 

A 3.850 Appeal was filed with the Florida Supreme Court on 04/25/01.  The Court affirmed the trial court’s denial of the 3.850 Motion on 01/13/05.  The Court affirmed the trial court’s denial of Kokal’s motion to disqualify Judge Carithers. Finally, the Court rejected as procedurally barred Kokal’s due process claim based upon the State’s alleged failure to preserve evidence.  On 04/28/05, the rehearing was denied.  The mandate was issued on 05/19/05.

On 02/22/05, Kokal filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District.  The petition was amended on 03/10/05 and subsequently denied on 02/11/06.

On 07/26/05, Kokal filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 10/31/05.

On 07/25/08, Kokal filed a 3.851 Motion in the State Circuit Court.  This motion was denied on 08/30/10.

On 08/20/08, Kokal filed a Habeas Appeal of the United States District Court’s 02/11/06 denial in the United States Court of Appeals, 11th Circuit.  On 10/18/10, the USCA affirmed the denial of the Habeas petition.

Kokal filed a 3.851 Appeal in the Florida Supreme Court on 10/20/10. This case is currently pending.

On 10/20/10, Kokal filed a 3.851 Motion in the State Circuit Court. This motion was denied on 10/21/10. A Motion for Rehearing was filed on 11/03/10 and denied on 11/08/10.

On 12/10/10, Kokal filed a 3.851 Appeal in the Florida Supreme Court. This case is currently pending.

Institutional Adjustments:

DATE             DAYS           VIOLATION                                       LOCATION       

--------            ----                -----------------                                 ------------------- 

09/10/87          0                    DISOBEYING ORDER                     FLORIDA STATE PRISON

05/05/90          0                    POSS OF CONTRABAND                 FLORIDA STATE PRISON

01/17/91          0                    DEFACING STATE PROP.               FLORIDA STATE PRISON

05/14/91          0                    FIGHTING                                       FLORIDA STATE PRISON

05/22/94          0                    POSS OF NARCOTICS                     UNION C. I.         

02/02/06          180                UNAUTH USE OF DRUGS               UNION C.I.

________________________________________________________________________

Report Date:     07/30/03        CC

Approved:        09/15/03         WS

Updated:          03/22/11         EMJ