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.
GROSSMAN, Martin (W/M)
DC#: 089742
DOB: 01/19/65
Sixth Judicial Circuit, Pinellas County Case # 84-11698
Sentencing Judge: The Honorable Crockett Farnell
Attorney, Trial: Thomas B. McCoun, III – Private
Attorney, Direct Appeal: Elizabeth Mansfield – Private
Attorney, Collateral Appeals: Richard Kiley and James Viggiano– CCRC-M
Date of Offense: 12/13/84
Date of Sentence: 12/13/85
Circumstances of Offense:
On the night of 12/13/84, Martin Grossman and a companion, Thayne Taylor, drove to a wooded area in Pinellas County, Florida, and were shooting a stolen handgun when they were approached by Margaret Park, a Florida Wildlife Officer.
Park confiscated the weapon and license of Grossman, at which point Grossman pleaded with her to not report him for possessing a weapon and being outside of Pasco County, both of which were violations of his probation for a burglary charge. Park picked up the radio to call the sheriff’s office, but was repeatedly struck on the head and shoulders with her flashlight by Grossman and was then beaten by Taylor. She managed to exclaim “I’m hit” over the radio, and deputies from the Pinellas County Sheriff’s Office began responding to her location. Park drew her weapon and fired a shot within the vehicle, and disabled Taylor with a kick to the groin. Grossman, who was one foot taller and one hundred pounds heavier than Park, wrestled the weapon away from her and shot her once in the back of the head. Grossman and Taylor fled the scene with Grossman’s license, gun, and Park’s gun.
When they returned to Grossman’s home, both Grossman and Taylor told Brian Hancock about the incident. Hancock and Taylor then buried the two guns near the crime scene while Grossman attempted to discard the clothing and shoes he had been wearing during the attack, because they were covered in blood. After they would not burn, he discarded them in a lake nearby. The following day, Grossman and Taylor cleaned the van that was used in the attack and changed the tires.
On 12/20/84, Grossman and Taylor retold the story of the shooting incident to another friend, Brian Allen. Hancock, who testified that he was scared of Grossman, informed the police on 12/25/84 about the event. Soon after, Grossman and Taylor were arrested. Taylor, subsequently, confessed to the police. Grossman also told one more person, a fellow inmate, about the killing.
Codefendant Information:
Taylor was convicted of Third-Degree Murder.
Trial Summary:
01/18/85 Indicted on one count of First-Degree Murder
01/16/85 Not guilty plea entered.
10/29/85 Jury returned guilty verdict
10/31/85 Jury recommended the death sentence by a vote of 12-0.
12/13/85 Sentenced to death on the sole count of the indictment.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 68,096
525 So. 2d 833
01/02/86 Direct appeal filed
02/18/88 FSC affirmed conviction and death sentence
05/25/88 Rehearing denied
06/27/88 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 88-5136
489 U.S. 1071
07/25/88 Petition filed
03/06/89 USSC denied petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 75,738
708 So. 2d 249
03/23/90 Petition filed
12/18/97 FSC denied petition
02/26/98 Rehearing denied
04/06/98 Mandate issued
Circuit Court – 3.850 Motion
CC# 84-11698
08/13/90 Motion filed
10/05/95 Circuit Court denied motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 87,121
708 So. 2d 249
01/04/96 Appeal filed
12/18/97 FSC affirmed denial of 3.850 motion
02/26/98 Rehearing denied
04/06/98 Mandate issued
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 98-1929
09/18/98 Petition filed
02/10/99 USDC struck Petition
03/10/99 Amended Petition filed
07/22/02 Administratively closed pending decision in FSC Bottoson/King cases
01/23/03 Case reopened
08/12/03 Administratively closed pending filing of supplemental brief
08/25/04 Amended Petition filed
01/31/05 USDC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-1413
880 So.2d 1211
08/14/03 Petition filed
05/07/04 FSC denied petition without an opinion
07/15/04 Rehearing denied
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 05-11150
466 F. 3d 1325
02/25/05 Appeal filed
10/16/06 USCA affirmed denial of petition
01/05/07 Mandate issued
Circuit Court – 3.851 Motion
CC# 84-11698
05/16/05 Motion filed
08/02/05 CC denied Motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-1688
932 So.2d 192
09/12/05 Appeal filed
05/25/06 FSC affirmed denial of the 3.850 motion
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-10053
127 S. Ct. 2430
03/06/07 Petition filed
05/21/07 USSC denied petition
Circuit Court – 3.851 Motion
CC# 84-11698
09/14/07 Motion filed
10/26/07 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 08-564
5 So. 3d 668
03/24/08 Appeal filed
02/26/09 FSC affirmed the denial of the 3.850 motion
Circuit Court – 3.850 Motion and Request for EH and Stay of Execution
CC# 84-11698
01/18/10 Motion filed
01/21/10 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 10-118
01/26/10 Appeal filed
02/08/10 FSC affirmed the denial of the 3.850 motion
02/08/10 Mandate issued
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus and Emergency Motion for Stay of Execution
USCA# 10-10592-P
02/10/10 Petition and motion filed
02/12/10 Denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 09-8975
02/11/10 Petition filed
02/16/10 Petition denied
Death Warrant Information:
03/08/90 Death warrant signed by Governor Robert Martinez
04/06/90 Stay of execution granted by the FSC
01/12/10 Death warrant signed by Governor Charlie Christ
02/16/10 Executed on 2/16/10, 6:13 P.M.
Clemency Information:
10/26/88 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition of Sentence:
The delay in the imposition of the sentence arises from the time taken to decide the FSC Habeas petition (03/23/90 – 12/18/97) and the Circuit Court 3.850 motion (08/13/90 – 10/05/95). The current delay arises from the Federal Petition for Writ of Habeas Corpus that was pending from 09/18/98 – 01/31/05.
Case Information:
On 01/02/86, Grossman filed a direct appeal with the Florida Supreme Court, raising eighteen issues, yet the FSC concentrated on those issues that directly related to potential errors in the trial process itself. On 02/18/88, the FSC affirmed the conviction and death sentence imposed on Grossman.
Grossman filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/25/88 that was denied on 03/06/89.
On 03/08/90, the Governor signed a death warrant for Grossman, but the FSC granted a stay of execution on 04/06/90.
Grossman filed a Petition for Writ of Habeas Corpus on 03/23/90, citing ineffective assistance of counsel, Caldwell error, and court decisions in opposition to the rulings of the FSC. The FSC denied the Petition on 12/18/97.
Grossman filed a 3.850 Motion with the Circuit Court on 08/13/90 that was denied on 10/05/95.
Grossman filed a 3.850 Motion Appeal on 01/04/96, citing ineffective assistance of counsel; Brady violations, by the State withholding evidence; witness error; conflict of interest; faulty instruction on aggravating circumstances (HAC); prosecutorial misconduct; defendant not present at all stages of trial; and improper weighing of aggravating and mitigating circumstances. The FSC affirmed the denial of the 3.850 Motion on 12/18/97.
Grossman filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 09/18/98. On 07/22/02, the USDC administratively closed the case pending a decision in the FSC Bottoson/King cases. The case was reopened on 01/23/03. On 08/12/03, the USDC administratively closed the case pending the filing of a supplemental brief. On 08/25/04, an Amended Petition was filed. On 01/31/05, the USDC denied the Petition.
Grossman filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 08/14/03, citing ineffective assistance of counsel. The FSC denied the Petition on 05/07/04.
Grossman filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 02/25/05. On 10/16/06, the USCA affirmed the denial of the petition, and on 01/05/07, a Mandate was issued.
Grossman filed a 3.851 Motion with the Circuit Court on 05/16/05 that was denied on 08/02/05.
Grossman filed a 3.851 Motion Appeal with the Florida Supreme Court on 09/12/05, and on 05/25/06 the FSC affirmed the denial of the motion.
Grossman filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/06/07 that was denied on 05/21/07.
Grossman filed a 3.851 Motion with the Circuit Court on 09/14/07 that was denied on 10/26/07.
Grossman filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/24/08, and on 02/26/09 the FSC affirmed the denial of the motion.
On 01/12/10 the Governor signed a death warrant for Grossman, and the execution has been set for 02/16/10.
Grossman filed a 3.850 Motion and Request for Evidentiary Hearing and Stay of Execution with the Circuit Court on 01/18/10 that was denied on 01/21/10.
Grossman filed a 3.850 Motion Appeal with the Florida Supreme Court on 01/26/10 that was denied on 02/08/10. On 02/08/10, a mandate was issued.
Grossman filed a Petition for Writ of Habeas Corpus and Emergency Motion for Stay of Execution with the United States Court of Appeals, 11th Circuit, on 02/10/10, which was denied on 02/12/10.
Grossman filed a Petition for Writ of Certiorari with the United States Supreme Court on 02/11/10, which was denied on 02/16/10.
Grossman was Executed on 2/16/10, 6:13 P.M.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
09/27/94 0 POSS OF NEGOTIABLES UNION C. I.
________________________________________________________________________
Report Date: 08/09/01 JFL
Approved: 11/16/01 WS
Updated: 02/18/10 KKR