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.

 

MONLYN, Broderick Wendell (B/M)

DC# 086458

DOB:  10/18/61

 

Third Judicial Circuit, Madison County, Case# 92-147CF

Sentencing Judge:  The Honorable E. Vernon Douglas

Attorneys, Trial:  Jimmy Hunt & Duncan Jones – Assistant Public Defenders

Attorney, Direct Appeal:  David A. Davis – Assistant Public Defender

Attorney, Collateral Appeals:  Baya Harrison, III – Registry   

 

 

Date of Offense:  10/08/92

Date of Sentence:  11/02/93

 

 

Circumstances of the Offense:

 

The victim, Alton Watson, and the defendant, Broderick Wendell Monlyn, lived across the street from one another. Monlyn had previously fished on Mr. Watson’s property, and on at least one occasion Mr. Watson had ordered Monlyn off his property with a rifle. In 1992, Monlyn was incarcerated on an unrelated offense. While in prison, Monlyn told another inmate that he was going to kill Watson in addition to taking the victim’s truck and his money. Inmate Johnny Craddock stated that Monlyn disclosed to him that he would kill the first person he saw once he got out.

 

On 10/06/92, Monlyn escaped from prison. He proceeded to steal money, clothes, and a shotgun from his uncle and then spent the night in Mr. Watson’s barn. According to Monlyn, on the following morning Mr. Watson surprised Monlyn. Both men reached for the shotgun and a struggle ensued. The struggled moved from the inside of the barn to the yard. During the struggle Monlyn hit Mr. Watson over the head with the gun. The struggle continued until Mr. Watson stopped attacking Monlyn. Monlyn then tied Mr. Watson’s feet together, gagged him, and dragged him into the barn. Monlyn then stole Mr. Watson’s truck. A friend let Monlyn stay in her trailer. She called the police and Monlyn was arrested.

 

The victim’s body received over 30 blunt injury wounds, 10 of which were defensive. The cause of death was the culmination of multiple blunt impacts to the head. The victims’ wallet was found next to the body and contained no money.

 


Additional Information:

 

Monlyn died of natural causes on 04/12/05.

 

 

Trial Summary:

 

10/27/92          Indicted as follows:

                                    Count I:            First-Degree Murder

                                    Count II:           Robbery While Armed

                                    Count II:           Kidnapping While Armed

11/03/92          Pled not guilty


10/19/93          Jury returned guilty verdicts on all counts of the indictment and recommended death by a vote of 12-0

11/02/93          Sentenced as follows:

                                    Count I:            First-Degree Murder – Death

                                    Count II:           Robbery While Armed – Life

                                    Count III:         Kidnapping While Armed – Life

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 82,779

705 So. 2d 1

 

11/29/93          Appeal filed

10/09/97          FSC affirmed the conviction and death sentence

01/22/98          Rehearing denied

02/23/98          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 97-8823

524 U.S. 957

 

04/20/98          Petition filed

06/26/98          USSC denied petition

 

State Circuit Court – 3.850 Motion

CC# 92-147CF

 

06/25/99          Motion filed

06/24/02          Motion denied

 


Florida Supreme Court – 3.850 Appeal

FSC# 02-1729

894 So.2d 832

 

08/01/02          Appeal filed

12/02/04          FSC affirmed trial court’s denial of 3.850 Motion

12/17/04          Motion for rehearing filed

02/11/05          Rehearing denied

02/28/05          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 03-1757

894 So.2d 832

 

10/03/03          Petition filed

12/02/04          Petition denied

12/17/04          Motion for rehearing filed

02/11/05          Rehearing denied

02/28/05          Mandate issued

 

 

Factors Contributing to the Delay in Execution of Sentence:

 

It took four years the Florida Supreme Court to render a decision on Monlyn’s Direct Appeal.

 

 

Case Information

 

Monlyn filed his Direct Appeal to the Florida Supreme Court on 11/29/93. Issues that were raised by the defense were the abuse of discretion on the part of the trial court in the matter of allowing the testimony of the medical examiner, not allowing a mistrial, and error in allowing testimony along with problems concerning the jury instructions. The only issue that the Supreme Court did not dismiss or find without merit was the trial court’s denial of the request to instruct the jury against doubling the pecuniary gain and during the course of enumerated felony aggravators. They found this error to be harmless and affirmed the both the conviction and the sentence on 10/09/97.

 

Monlyn filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/26/98, which was denied on 06/26/98.

 

Monlyn filed a 3.850 Motion to the Circuit Court on 06/25/99, which was denied on 06/24/02.

 

Monlyn then filed 3.850 Appeal to the Florida Supreme Court on 08/01/02.  The Court affirmed the trial court’s denial of the 3.850 Motion on 12/02/04.  Monlyn filed a motion for rehearing on 12/17/04, which was denied on 02/11/05.  A mandate was issued on 02/28/05.

 

Monlyn filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 10/03/03, which was denied on 12/02/04.  Monlyn filed a motion for rehearing on 12/17/04, which was denied on 02/11/05.  A mandate was issued on 02/28/05.

 

Monlyn died of natural causes on 04/12/05.

 

 

Report Date:     10/01/01          NMP

Approved:        10/02/01          WS

Updated:          04/15/05          NRC