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.

RODRIGUEZ, Manuel AKA Manolo Rodriguez (H/M)

DC # 073283

DOB: 01/13/56

Eleventh Judicial Circuit, Dade County, Case #93-25817B

Sentencing Judge: The Honorable Leslie Rothenberg

Attorney, Trial: E. Zenobi and R. Houlihan – Special Assistant Public Defenders

Attorney, Direct Appeal: Scott W. Sarkin – Special Assistant Public Defender

Attorney, Collateral Appeals: Roseanne Eckert – CCRC -S

Date of Offense: 12/04/84

Date of Sentence: 10/24/96

Circumstances of Offense:

Manuel Rodriguez was convicted and sentenced to death for the murders of Bea Sabe Joseph, Sam Joseph, and Genevieve Marie Abraham.

On 12/04/84, Manuel Rodriguez and Luis Rodriguez, who are not related, went to the apartment of Bea Sabe Joseph and Sam Joseph to rob the couple. Manuel Rodriguez and Luiz Rodriguez forced their way into the Joseph’s apartment. They robbed the couple and a friend of the Josephs, Genevieve Marie Abraham, who was visiting the Joseph’s apartment. They killed all three people by shooting each victim in the head.

The police determined that Abraham’s wedding band, diamond watch and diamond bracelet were missing. Shortly after the murders, Manuel Rodriguez called police identifying himself as Antonio Chait and gave the police false information about the murders. The police were able to determine that Manuel Rodriguez made the phone calls himself, which made him a suspect in the murders. Later, Manuel Rodriguez contacted the police again and identified himself as Antonio Traves. He told the police that he had witnessed a man named Geraldo leaving the Josephs’ apartment on the night of the murders.

In 1992, Rafael Lopez, Luis Rodriguez’s brother-in-law, informed police that Luis Rodriguez admitted he robbed and killed the Josephs and Abraham with Manuel Rodriguez to obtain the reward offered for information about the case. Based on this information, the police spoke to Luis Rodriguez, who confessed, incriminating himself and Manuel Rodriguez for the armed burglary and murders. The police talked to Manuel Rodriguez, who claimed not to have been involved, but he eventually admitted to involvement in the armed burglary and murders. Manuel Rodriguez, however, claimed that he was asked to act as a lookout while Luis Rodriguez and his brother, Isidoro, committed the armed burglary and murders.

At the trial of Manuel Rodriguez, Luis Rodriquez testified that Manuel asked him to act as the lookout while Manuel Rodriguez committed the robbery and murders. Manuel Rodriguez claimed that on 12/04/84, Manuel and Luis Rodriguez went to the Joseph’s apartment. Manuel knocked on the door and told Sam Joseph that Maria Malakoff, the girlfriend of Manuel and the sister of Luis, and her and Manuel’s children were being held hostage until the Josephs gave Manuel money. At this point, Manuel pushed his way into the apartment and Luis followed, closing the door behind him. Manuel put on a pair of rubber gloves and gave a pair to Luis. Sam Joseph offered to get money from the bedroom, but Luis went instead and found a firearm, which upset Manuel because he thought that Sam Joseph was trying to trick them so that he could get the gun. Manuel Rodriguez shot both Bea Joseph and Sam Joseph. Manuel ordered Luis to shoot Genevieve Marie Abraham. Luis Rodriguez shot Abraham, and then he quickly left the scene. In a sworn statement prior to Manuel Rodriguez’s trial, Maria Malakoff testified that Manuel told her that he killed Sam Joseph, Luis killed Abraham, and Manuel himself verified that all the victims were dead.

Additional Information

Prior Prison Sentence History:
Offense Date	Offense	Sentence Date	County	Case No.	Sentence Length
05/15/77	Robbery w/ Deadly Weapon	05/06/86	Dade	7725553	10 Years
07/08/82	Carrying Concealed Firearm	05/06/86	Dade	8216613	5 Years
07/08/82	Grand Theft Motor Vehicle	05/06/86	Dade	8216613	5 Years
06/17/85	Burglary Unoccupied Structure or Att.	06/30/86	Broward	8507354	5 Years
06/17/85	Burglary Tools-Possess	06/30/86	Broward	8507354	5 Years
11/22/85	Robbery w/ Deadly Weapon	05/06/86	Dade	8530255	10 Years
11/22/85	Threaten to Use Firearm	05/06/86	Dade	8530255	5 Years
08/28/86	Escape	05/04/92	Dade	8625360	15 Years
02/20/88	Agg. Assault w/weapon w/o intent kill	05/04/92	Dade	8903624	5 Years
02/20/88	Kidnapping during Felony	05/04/92	Dade	8903624	5 Years
03/17/88	Agg. Assault w/weapon w/o intent kill	05/04/92	Dade	8903090	5 Years
03/17/88	Carrying Concealed Firearm	05/04/92	Dade	8903090	5 Years
04/30/88	Agg. Assault w/weapon w/o intent kill	05/04/92	Dade	8903205	5 Years
04/30/88	Carrying Concealed Firearm	05/04/92	Dade	8903205	5 Years
09/14/88	Carrying Concealed Firearm	05/04/92	Dade	8902712	5 Years
10/05/88	Agg. Assault w/weapon w/o intent kill	05/04/92	Dade	8902711	5 Years
11/11/88	Carrying Concealed Firearm	05/04/92	Dade	8903442	5 Years
11/14/88	Carrying Concealed Firearm	05/04/92	Dade	8903266	5 Years
01/03/89	Agg. Assault w/weapon w/o intent kill	05/04/92	Dade	8903089	5 Years
01/03/89	Carrying Concealed Firearm	05/04/92	Dade	8903089	5 Years
01/11/89	Carrying Concealed Firearm	05/04/92	Dade	8903204	5 Years
01/19/89	Agg. Assault w/weapon w/o intent kill	05/04/92	Dade	8902713	5 Years
01/19/89	Carrying Concealed Firearm	05/04/92	Dade	8902713	5 Years

Current Prison Sentence History:
Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
02/20/88	Robbery w/ Deadly Weapon	05/04/92	Dade	8903624	30 Years
02/20/88	Possession of Firearm by Felon	05/04/92	Dade	8903624	15 Years
02/20/88	Kidnapping during Felony	05/04/92	Dade	8903624	30 Years
03/17/88	Kidnapping during Felony	05/04/92	Dade	8903090	30 Years
03/17/88	Robbery w/Deadly Weapon	05/04/92	Dade	8903090	30 Years
03/17/88	Possession of Firearm by Felon	05/04/92	Dade	8903090	15 Years
04/30/88	Robbery w/ Deadly Weapon	05/04/92	Dade	8903205	30 Years
04/30/88	Kidnapping during Felony	05/04/92	Dade	8903205	30 Years
04/30/88	Possession of Firearm by Felon	05/04/92	Dade	8903205	15 Years
09/14/88	Kidnapping during Felony	05/04/92	Dade	8902712	30 Years
09/14/88	Robbery w/ Deadly Weapon	05/04/92	Dade	8902712	30 Years
09/14/88	Possession of Firearm by Felon	05/04/92	Dade	8902712	15 Years
10/05/88	Robbery w/ Deadly Weapon	05/04/92	Dade	8902711	30 Years
10/05/88	Kidnapping during Felony	05/04/92	Dade	8902711	30 Years
10/05/88	Possession of Firearm by Felon	05/04/92	Dade	8902711	15 Years
10/05/88	Possession of Firearm by Felon	05/04/92	Dade	8902711	15 Years
11/11/88	Kidnapping during Felony	05/04/92	Dade	8903442	30 Years
11/11/88	Robbery w/ Deadly Weapon	05/04/92	Dade	8903442	30 Years
11/11/88	Possession of Firearm by Felon	05/04/92	Dade	8903442	15 Years
11/14/88	Kidnapping during Felony	05/04/92	Dade	8903266	30 Years
11/14/88	Robbery w/ Deadly Weapon	05/04/92	Dade	8903266	30 Years
11/14/88	Possession of Firearm by Felon	05/04/92	Dade	8903266	15 Years
01/03/89	Kidnapping during Felony	05/04/92	Dade	8903089	30 Years
01/03/89	Robbery w/ Deadly Weapon	05/04/92	Dade	8903089	30 Years
01/03/89	Possession of Firearm by Felon	05/04/92	Dade	8903089	15 Years
01/11/89	Robbery w/ Deadly Weapon	05/04/92	Dade	8903204	30 Years
01/11/89	Kidnapping during Felony	05/04/92	Dade	8903204	30 Years
01/11/89	Possession of Firearm by Felon	05/04/92	Dade	8903204	15 Years
01/19/89	Kidnapping during Felony	05/04/92	Dade	8902713	30 Years
01/19/89	Robbery w/ Deadly Weapon	05/04/92	Dade	8902713	30 Years
01/19/89	Possession of Firearm by Felon	05/04/92	Dade	8902713	15 Years

Codefendant Information:

Luis O. Rodriguez (Dade #93-25817)

Luis O. Rodriguez was convicted of three counts of Second-Degree Murder and one count of Armed Burglary. Rodriquez was sentenced to four life sentences on 04/25/96.

Trial Summary:

09/15/93 Rodriguez was indicted on the following counts:

Count I: First-Degree Murder (Bea Sabe Joseph)

Count II: First-Degree Murder (Sam Joseph)

Count III: First-Degree Murder (Genevieve Marie Abraham)

Count IV: Armed Burglary with Assault

10/24/96 Rodriguez was found guilty on all counts charged in the indictment.

12/12/96 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty for each of the three counts of First-Degree Murder.

01/31/97 Rodriguez was sentenced as follows:

Count I: First-Degree Murder (Bea Sabe Joseph) – Death

Count II: First-Degree Murder (Sam Joseph) – Death

Count III: First-Degree Murder (Genevieve Marie Abraham) – Death

Count IV: Armed Burglary with Assault – Life

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #90,153

753 So. 2d 29 (Fla. 2000)

03/20/97 Appeal filed

02/03/00 FSC affirmed the conviction and sentence

03/23/00 Rehearing denied

04/26/00 Mandate issued

United State Supreme Court – Petition for Writ of Certiorari

USSC #99-10079

531 U.S. 859; 121 S. Ct. 145; 148 L. Ed. 2d 96 (U.S. 2000)

06/20/00 Petition filed

10/02/00 USSC denied the Petition

Circuit Court – 3.850 Motion

CC #93-25817

09/14/01 Motion filed

04/16/04 Amended motion filed

05/03/05 Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 05-859

05/16/05 Appeal filed

04/30/08 Relinquished to Circuit Court

11/17/08 Appeal filed (concerning 11/05/08 denial of 3.850 Motion in the Circuit Court)

10/07/09 Oral Arguments held

05/06/10 FSC affirmed denial of Motion

05/19/10 Motion for Rehearing filed

07/09/10 Motion denied

07/26/10 Mandate issued

Florida Supreme Court – Writ of Habeas Corpus

FSC# 07-1314

39 So.3d 275

07/16/07 Petition filed

04/11/08 Oral Arguments held

10/07/09 Oral Arguments held

05/06/10 Petition denied

05/19/10 Motion for Rehearing filed

07/09/10 Motion denied

Circuit Court – 3.850 Motion

CC# 93-25817

39 So.3d 275

01/18/08 Motion filed

10/09/08 Motion denied

10/30/08 Motion for Rehearing

11/05/08 Rehearing denied

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

USDC# 10-22692

(Pending)

07/26/10 Petition filed

08/03/10 Motion to stay proceedings filed

10/27/10 Order granting motion to stay proceedings

10/28/10 Motion to vacate order

11/03/10 Order vacated

Factors Contributing to the Delay in Execution of Sentence:

The Direct Appeal was pending for three years prior to the Florida Supreme Court affirming the conviction and sentence.

Case Information:

Rodriguez filed his Direct Appeal in the Florida Supreme Court on 03/20/97. The issues addressed included the prosecution improperly commenting on Rodriguez’s right not to testify at the trial, the trial court mishandling peremptory challenges during jury selection, and the trial court improperly admitting evidence beneficial for the prosecution and improperly denying admitting evidence beneficial for the defense. Other issues included that the trial court mishandled assessing mitigation and aggravating factors and that the trial court erred in finding the murders to be cold, calculating and premeditated. The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 02/03/00. Rehearing was denied on 03/23/00. A Mandate was issued on 04/26/00.

Rodriguez filed a Petition for Writ of Certiorari on 06/20/00 with the United States Supreme Court. The petition was denied on 10/02/00.

Rodriguez filed a 3.850 Motion on 09/14/01 with the circuit court. Rodriguez filed an Amended 3.850 Motion on 04/16/04. The motion was denied on 05/03/05.

On 05/16/05, Rodriguez filed a 3.850 Appeal in the Florida Supreme Court. On 04/30/08, jurisdiction was relinquished to the Circuit Court. On 11/17/08, Rodriguez filed a 3.850 Appeal in the Florida Supreme Court. Oral arguments were held on 10/07/09. The Florida Supreme Court affirmed the denial of the 3.850 Motion on 05/06/10. A Motion for Rehearing was filed on 05/19/10, and it was denied on 07/09/10. A mandate was issued on 07/26/10.

Rodriguez filed a Petition for Habeas Corpus on 07/16/07 with the Florida Supreme Court. Oral arguments were held on 04/11/08 and 10/07/09. This petition was denied on 05/06/10. A Motion for Rehearing was filed on 05/19/10, and it was denied on 07/09/10.

On 01/18/08, Rodriguez filed a 3.851 Motion in the Circuit Court. This motion was denied on 10/09/08. On 10/30/08, Rodriguez filed a Motion for Rehearing in the Circuit Court which was denied on 11/05/08.

On 07/26/10, Rodriguez filed Petition for Writ of Habeas Corpus in the United States District Court, Southern District. A motion to stay proceedings for a competency evaluation was filed on 08/03/10 and was granted on 10/27/10. A motion to vacate the order was made on 10/28/10, and the order was vacated on 11/03/10.

________________________________________________________________________

Report Date: 07/02/02 S.Q.

Approved: 07/16/03 W.S.

Updated: 01/20/11 EMJ