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 on for statistical or legal purposes.

BLANCO, Omar (H/M)

AKA: Omar Curro

DC #    084582

DOB:   07/04/50

Seventeenth Judicial Circuit, Broward County, Case #82-453

Sentencing Judge: The Honorable Stanton S. Kaplan

Attorney, Trial & Direct Appeal: Michael D. Gelety – Private

Attorney, Collateral Appeals: Ira Still – Registry

Date of Offense:           01/14/82

Date of Sentence:         06/21/82

Circumstances of Offense:

John Ryan’s 14-year-old niece, Thalia Vezos, testified that at approximately 11 p.m. on January 14, 1982, she was in bed in her Ft. Lauderdale home when she saw a man standing in the hallway holding a gun and carrying a brown wallet-type object under his arm.  He indicated that Vezos was to keep quiet.  He then cut the wires to her telephone and left the room.  Ryan appeared in the hall and tried to take the gun from the intruder.  Ryan was shot in the scuffle and landed on top of Vezos.  The intruder shot six more times, then fled.

A short while later police responding to a BOLO stopped Blanco, who was riding a bicycle, and arrested him.  A man’s purse containing Blanco’s ID papers and a watch belonging to Vezos was found near the door to Vezos’ bedroom.  On the day following the murder, Vezos identified Blanco in a lineup as the perpetrator.

Additional information:

Blanco was convicted in 1984 of an armed robbery he committed two weeks prior to the murder.

Trial Summary:

06/11/82          Defendant was found guilty of First-Degree Murder and Armed Burglary

as charged in the indictment.

06/15/82          Upon advisory sentencing, the jury, by a vote of 8 to 4, recommended that

the defendant be sentenced to death for the murder conviction.

06/21/82          Defendant was sentenced to death for the murder.  He also received 75

years imprisonment for the burglary conviction.

Resentencing Summary:

05/05/94          Upon advisory sentencing, the jury, by a vote of 10 to 2, recommended that the defendant be sentenced to death for the murder conviction.

01/06/95          Defendant was sentenced to death.

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #62,371

452 So. 2d 520

07/23/82          Appeal filed.

06/07/84          FSC affirmed the conviction and sentence.

07/26/84          Rehearing denied.

08/30/84          Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #84-5659

469 U.S. 1181

10/24/84          Petition filed.

01/14/85          Petition denied.

State Circuit Court – 3.850 Motion

CC #82-453

01/31/86          Motion filed.

04/21/86          Motion denied.

06/09/86          Rehearing denied.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #68,263

507 So. 2d 1377

02/03/86          Petition filed.

05/07/87          FSC denied petition for writ of habeas corpus.

Florida Supreme Court – 3.850 Motion Appeal

FSC #68,839

507 So. 2d 1377

05/30/86          Appeal filed.

05/07/87          FSC affirmed the denial of the 3.850 Motion.

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

USDC #87-6685

691 F. Supp. 308

09/16/87          Petition filed.

07/11/88          USDC granted Habeas, remanded for a new sentencing hearing.

United States Court of Appeals, Eleventh Circuit – Habeas Appeal (Filed by State)

USCA #88-5758

943 F. 2d 1477

08/02/88          State filed appeal.

08/30/88          Defendant filed cross-appeal.

09/30/91          USCA affirmed the district court’s order for a new sentencing hearing.

State Circuit Court – 3.850 Motion

CC #82-453

08/01/89          Motion filed.

05/05/94          Motion denied.

United States Supreme Court – Petition for Writ of Certiorari (Filed by State)

USSC #91-1417

504 U.S. 946

02/28/92          State filed petition.

05/26/92          Petition denied,
United States Supreme Court – Petition for Writ of Certiorari

USSC #91-7841

504 U.S. 943

04/01/92          Petition filed.

05/26/92          Petition denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #83,829

702 So. 2d 1250

05/25/94          Appeal filed.

09/20/94          Motion granted to hold appeal in abeyance pending the outcome of

resentencing.

09/18/97          FSC affirmed trial court’s denial of 3.850 Motion.

12/17/97          Rehearing denied.

01/16/98          Mandate issued.

Florida Supreme Court – Direct Appeal, Resentencing

FSC #85,118

706 So. 2d 7

02/26/95          Appeal filed.

09/18/97          FSC affirmed the sentence.

02/25/98          Rehearing denied.

03/27/98          Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #97-9118

525 U.S. 837

05/13/98          Petition filed.

10/05/98          Petition denied.

State Circuit Court – 3.850 Motion

CC #82-453

09/16/99          Motion filed.

06/07/01          Amended motion filed.

07/01/03          Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #SC03-1328

963 So.2d 173

07/31/03          Appeal filed.

04/12/07          FSC affirmed denial of the motion.

08/08/07          Rehearing denied.

08/23/07          Mandate issued.

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

USDC #07-61249

08/31/07          Petition filed.

12/07/10 Petition granted in part and denied in part.

03/29/11 Petition denied.

United States Supreme Court – Petition for Writ of Certiorari

USSC #07-7444

128 U.S. 919

10/25/07          Petition filed.

01/07/08          Petition denied.

Warrants:

01/07/86          Death warrant signed by Governor Graham.

02/04/86          Scheduled execution date.

02/03/86          Trial court granted stay of execution.

08/18/87          Death warrant signed by Governor Martinez.

09/17/87          Scheduled execution date.

09/16/87          USDC granted stay of execution.

Clemency:

11/20/85          Hearing held (denied).

Factors Contributing to the Delay in Imposition of the Sentence:

Blanco’s resentencing, which essentially began the appeals process anew, his second 3.850 motion was under consideration by the trial court for nearly five years before it was disposed, and his 3.850 Motion Appeal was pending from 07/31/03 – 04/12/07.

Case Information:

Blanco in 1982 appealed the murder conviction and sentence to the Florida Supreme Court.  The court affirmed the convictions and sentences in 1984.  The U.S. Supreme Court denied certiorari in 1985.

Governor Graham signed a death warrant in January 1986.  That same month, the defendant filed a 3.850 motion with the trial court and asked the court for a stay of execution.  The trial court in February 1986 stayed the execution, but denied postconviction relief two months later.

The defendant petitioned the Florida Supreme Court for a writ of habeas corpus in February 1986 and appealed the denial of the 3.850 Motion to the court in May of that year.  In a consolidated opinion, the court in 1987 denied the habeas petition and affirmed the trial court’s denial of the 3.850 Motion.

Governor Martinez signed a second death warrant in August 1987. 

Blanco petitioned U.S. District Court, Southern District, for a writ of habeas corpus.  The court granted a stay of execution and in 1988 remanded the case for a new sentencing hearing.  The State appealed the decision to the U.S. 11th Circuit Court of Appeals and Blanco filed a cross-appeal.  The court affirmed the district court’s decision in 1991.  The State and Blanco then petitioned the U.S. Supreme Court for a writ of certiorari.  Both petitions were denied in 1992.

Blanco filed his second 3.850 Motion with the trial court in 1989, which the court denied in 1994.  In his appeal to the Florida Supreme Court, Blanco presented two claims:  that the trial court erred in denying the motion, and that the trial court erred in denying the motion to recuse the judge.  The appeal was held in abeyance pending the outcome of Blanco’s resentencing.  Following the resentencing in 1995, the Supreme Court in 1997 rejected both claims and affirmed the trial court’s ruling.

The defendant filed his second direct appeal with the Florida Supreme Court in 1995.  The court affirmed the sentence in 1997.  The U.S. Supreme Court denied certiorari in 1998.

Blanco filed his third 3.850 Motion in 1999 that was denied on 07/01/03.  Blanco filed an appeal of that decision in the Florida Supreme Court on 07/31/03.  On 04/12/07, the FSC affirmed the denial of the motion.  The FSC issued a mandate on 08/23/07.

On 08/31/07, Blanco filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District.  That petition was granted in part and denied in part on 12/07/10. Blanco’s petition was ultimately denied on 03/29/11.

Blanco filed a Petition for Writ of Certiorari in the United States Supreme Court on 10/25/07 that was denied on 01/07/08.

Institutional Adjustment:

DATE              DAYS              VIOLATION                                       LOCATION       

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

02/08/83          0             DISORDERLY CONDUCT             CENTRAL OFFICE      

07/30/84          30                    DISORDERLY CONDUCT             NEW RIVER

 03/11/85         0                      FIGHTING                                          FSP

06/09/90         60                    UNAUTH PHY. CONTACT              FSP

 10/10/90         30                    ATTEMPT TO CONSPIRE                FSP

 03/25/91         30                    FIGHTING                                          FSP

 08/23/91         0                      DISORDERLY CONDUCT                FSP

________________________________________________________________________

06/06/01 - tb

06/06/01 – approved – whs

04/13/11 – updated – jjk