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.
DC # 093268
DOB: 10/09/58
Sixth Judicial Circuit, Pinellas County, Case #83-630
Sentencing Judge: Honorable William L. Walker
Resentencing Judge: Honorable Mark B. McGarry, Jr.
Attorney, Trial: Donald O’Leary, Esq.
Attorney, Resentencing: Donald O’Leary, Esq.
Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender
Attorney, Direct Appeal, Resentencing: Douglas S. Connor – Assistant Public Defender
Attorney, Collateral Appeals: William McKinley Hennis, III – CCRC-S
Date of Offense: 06/18/82
Date of Sentence: 03/14/84
Date of Resentencing: 08/29/86
Circumstances of Offense:
Eight-year-old Chris Fridella contacted police in the early morning hours of 06/18/82, notifying them that his father and two of his father’s friends had been shot. When authorities arrived at the scene, they found Steven Fridella, Bobby Martindale, and Gary Petersen dead, lying face down on the floor with their hands bound behind them. The victim’s wallets had been rummaged through, and the house had been scoured in an apparent search for valuables.
Approximately six months later, Robin Fridella, Steven Fridella’s ex-wife, furnished police with information that pointed to Jason Walton (who she was romantically involved with at the time) and his accomplices: Terry Van Royal, Richard Cooper and Jeff McCoy. During an interview, Walton confessed to the robbery, but denied actually shooting any of the victims. Walton relayed the following information in his statement: The four codefendants had planned the robbery for over a week and, on the evening of 06/17/82, they went to the Fridella residence. Walton, Royal, McCoy and Cooper rounded up the adults in the house, tied their hands and laid them down on the living room floor. Jeff McCoy then returned to the car while the other three men remained in the house. Eight-year-old Chris Fridella was also bound and ushered into the bathroom, where he was left physically unharmed. Walton searched the house for money and cocaine while Cooper and Royal guarded the captives. Walton claimed he ordered everyone to leave after one of the captives was able to identify him. Walton stated that he heard gunshots as he left the house.
According to the testimony of codefendant Richard Cooper, Walton pronounced that all three men must be shot after he was identified. Walton commanded Cooper and Royal to open fire on the captive men when his own gun misfired. Upon leaving the house, Walton told Cooper that one of the men was still alive, at which time he ordered Cooper to return and shoot Fridella again.
Trial Summary:
01/20/83 Defendant arrested.
01/27/83 The defendant entered a plea of “not guilty.”
04/06/83 Amended indictment filed:
Count I: First-Degree Murder (Gary Petersen)
Count II: First-Degree Murder (Bobby Martindale)
Count III: First-Degree Murder (Steven Fridella)
04/14/83 The defendant pled “not guilty” to the charges alleged in the amended indictment.
02/09/84 The jury found the defendant guilty on all counts charged on the indictment.
02/10/84 Upon advisory sentencing, the jury, by a majority of 12 to 0, voted for the death penalty for the murder of Steven Fridella. The jury recommended the death penalty, by an 11 to 1 majority vote, for the murders of Bobby Martindale and Gary Peterson.
03/14/84 The defendant was sentenced as followed:
Count I: First-Degree Murder (Gary Petersen) - Death
Count II: First-Degree Murder (Bobby Martindale) - Death
Count III: First-Degree Murder (Steven Fridella) - Death
12/19/85 The Florida Supreme Court affirmed Walton’s convictions, but remanded for resentencing because Walton never had the opportunity to confront two of his codefendants whose confessions were used against him during the penalty phase.
08/14/86 At resentencing, the jury recommended the death penalty, by a 9 to 3 majority vote, on all three murder convictions.
08/29/86 The defendant was resentenced as follows:
Count I: First-Degree Murder (Gary Petersen) - Death
Count II: First-Degree Murder (Bobby Martindale) - Death
Count III: First-Degree Murder (Steven Fridella) - Death
Codefendant Information:
Jeffrey McCoy pled guilty to all three counts of First-Degree Murder and agreed to testify at trial against his codefendants in exchange for life imprisonment.
Terry Van Royal was convicted of all three counts of First-Degree Murder and received three death sentences for his part in the murders. The Florida Supreme Court affirmed Van Royal’s convictions, but remanded for a new penalty phase, in which he was resentenced to life imprisonment.
Richard Cooper was convicted of three counts of First-Degree Murder and received three death sentences.
Appeal Summary:
FSC #65,101
04/02/84 Appeal filed.
12/19/85 Florida Supreme Court affirmed Walton’s convictions, but remanded for resentencing because Walton never had the opportunity to confront two of his codefendants whose confessions were used against him during the penalty phase.
02/19/86 Rehearing denied.
03/27/86 Mandate issued.
FSC #69,389
09/29/86 Appeal filed.
06/29/89 Florida Supreme Court affirmed Walton’s sentences.
09/07/89 Rehearing denied.
10/09/89 Mandate issued.
USSC #89-6078
493 U.S. 1036
11/06/89 Petition filed.
01/08/90 Petition denied.
FSC #76,695
634 So. 2d 1059
10/03/90 Appeal filed.
05/27/93 In a consolidated opinion with Walton’s 3.850 Appeal, the FSC relinquished jurisdiction to the trial court to reexamine the denial of Walton’s request for public records. The FSC reserved ruling on all other issues pending the disposition of the public records dispute in the trial court.
08/12/93 Rehearing denied.
CC #83-630
12/17/90 Motion filed.
02/26/91 Motion denied.
06/11/91 Appeal filed.
05/27/93 In a consolidated opinion with Walton’s Habeas, the FSC relinquished jurisdiction to the trial court to reexamine the denial of Walton’s request for public records. The FSC reserved ruling on all other issues pending the disposition of the public records dispute in the trial court.
08/12/93 Rehearing denied.
State Circuit Court – 3.850 Motion (On Remand From FSC)
CC #83-630
05/27/93 FSC remanded Walton’s 3.850 Motion to the trial court pursuant to his request for public records.
11/06/98 After receiving the requested public records, Walton filed a third amended motion.
01/12/01 Third amended motion denied.
847 So. 2d 438
03/08/01 Following the denial of Walton’s third amended 3.850 Motion, Walton’s Petition for Writ of Habeas Corpus returned to the FSC.
02/27/03 Petition denied.
05/29/03 Rehearing denied in light of revised opinion.
06/30/03 Mandate issued.
FSC #78,070
847 So. 2d 438
03/08/01 Following the denial of Walton’s third amended 3.850 Motion, Walton’s 3.850 Appeal returned to the FSC.
02/27/03 Denial affirmed.
05/29/03 Rehearing denied in light of revised opinion.
06/30/03 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #SC03-1151
859 So. 2d 516
06/25/03 Petition filed.
10/03/03 Petition denied as successive.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #04-2176
09/30/04 Petition filed.
04/08/08 Amended petition filed.
08/27/05 Second amended petition filed.
04/20/09 Third amended petition filed.
11/03/10 Petition denied.
11/12/10 Motion to alter or amend judgment.
01/07/10 Motion denied.
Circuit Court – 3.851 Motion
CC# 83-630
02/10/06 Motion filed.
11/07/06 Motion amended.
03/09/07 CC denied motion.
FSC# 07-704
04/17/07 Appeal filed.
01/29/09 Denial affirmed, Appeal denied.
02/13/09 Motion for Rehearing filed.
02/25/09 Rehearing denied.
03/13/09 Mandate issued.
Circuit Court – 3.851 Motion
CC# 83-630
10/13/10 Motion filed
12/20/10 Motion denied
FSC# 11-153
(Pending)
01/24/11 Appeal filed
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA #11-10558
(Pending)
02/03/11 Appeal filed
09/24/90 Death warrant signed by Governor Bob Martinez.
11/28/90 Execution set.
10/24/90 Stay of Execution granted by the Florida Supreme Court.
09/12/90 Clemency hearing held (denied).
Walton’s case was first delayed in 1985 when the Florida Supreme Court remanded for a new penalty phase proceeding. Following resentencing, Walton filed another Direct Appeal that took approximately three years to reach the affirmation of his death sentences.
In 1990 and 1991, Walton filed a Petition for Writ of Habeas Corpus and a 3.850 Appeal, respectively. In 1993, in a consolidated opinion, the Florida Supreme Court relinquished jurisdiction to the trial court in order to examine Walton’s request for public records. The Supreme Court reserved ruling on any remaining issues pending the disposition of the public records debate. Walton’s 3.850 Motion was again denied in the trial court in 2001, and his original 3.850 Appeal and Habeas Petition were returned to the Florida Supreme Court on 03/08/01 for reconsideration. All relief was subsequently denied on 02/27/03.
In 2004, Walton filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. This case has been delayed for approximately six years, due to repeated amended petitions. A final decision was made on 11/03/10 and the petition was denied.
Case Information:
On 04/02/84, Jason Walton filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that he was denied the right to confront witnesses against him during the penalty phase of his trial in violation of Engle v. State.[1] Walton contended that his constitutional rights were violated because the confessions of his codefendants were presented during the penalty phase without them being available for cross-examination. On 12/19/85, the Florida Supreme Court affirmed the convictions and remanded Walton’s case to the trial court for a new penalty phase hearing.
Walton was again sentenced to death on 08/29/86. He filed a Direct Appeal in the Florida Supreme Court on 09/29/86. Walton argued that the trial court erred in allowing a psychiatrist to testify regarding the condition of Chris Fridella, the eight-year old son of one of the victims, who was present during the murders. The Florida Supreme Court agreed that it was error to admit the testimony; however, it was harmless. Walton also contended that the State improperly admitted evidence about his lack of remorse, which constituted a non-statutory aggravating circumstance. Finally, Walton contended that the trial court erred in permitting evidence of his alleged prior drug offenses, none of which resulted in convictions. The Florida Supreme Court affirmed Walton’s sentences on 06/29/89.
Next, Walton filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 01/08/90.
Governor Bob Martinez signed a death warrant on Jason Walton on 09/24/90 and set the execution for 11/28/90. The Florida Supreme Court granted a Stay of Execution on 10/24/90 and ordered that post-conviction motions be filed by 12/15/90.
On 12/17/90, Walton filed a 3.850 Motion in the State Circuit Court, which was denied on 02/26/91. He then filed a Petition for Writ of Habeas Corpus and 3.850 Motion in the Florida Supreme Court on 10/03/90 and 06/11/91, respectively. The Habeas and the 3.850 Appeal were examined together and, on 05/27/93, the Florida Supreme Court issued a consolidated opinion that relinquished jurisdiction on Walton’s case to the trial court in order to reconsider Walton’s public records request.
Following the disclosure of the requested public records, Walton filed a third amended 3.850 Motion in the State Circuit Court on 11/06/98. A limited evidentiary hearing was held on the new claims raised from the disclosure of the public records. Walton’s third amended 3.850 Motion was denied on 01/11/01. Following that denial, Walton’s original 3.850 Appeal and Petition for Writ of Habeas Corpus, supplemented with new claims based on disclosure of public records, returned to the Florida Supreme Court for consideration on 03/08/01. The Florida Supreme Court affirmed the denial of Walton’s 3.850 Motion and denied the Petition for Writ of Habeas Corpus on 02/27/03. Walton’s Motion for Rehearing was denied in light of a revised opinion issued on 05/29/03. The mandate was issued on 06/30/03.
Walton filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court on 06/25/03, which was denied as successive on 10/03/03.
Walton filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District on 09/29/04. On 04/08/08, Walton filed an amended Petition for Writ of Habeas Corpus and then a second amended petition on 08/27/05. Walton filed a third amended petition on 04/20/09. This petition was denied on 11/03/10. On 11/12/10, Walton filed a Motion to Alter or Amend Judgment, and on 01/07/11, the motion was denied.
Walton filed a 3.851 Motion in the Circuit Court on 02/10/06 and amended the motion on 11/07/06. On 03/09/07, the Circuit Court denied the motion.
Walton filed a 3.851 Motion Appeal in the Florida Supreme Court on 04/17/07. On 01/29/09, the Florida Supreme Court affirmed the Circuit Court’s disposition and denied the 3.851 Appeal. On 02/13/09, Walton filed a Motion for Rehearing, which was denied on 02/25/09. The Florida Supreme Court issued a mandate in accordance with the opinion rendered on 01/29/09.
On 10/13/10, Walton filed a 3.851 Motion in the State Circuit Court, and, on 12/20/10, the motion was denied.
Walton filed a 3.851 Appeal in the Florida Supreme Court on 01/24/11, which is pending.
Walton filed a Petition for Writ of Habeas Corpus Appeal in the United States Court of Appeals on 02/03/11, which is pending.
Institutional Adjustment: JASON DIRK WALTON DC #093268
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
04/24/95 |
0 |
REF. SUB. ABUSE TEST |
UNION C. I. |
|
07/25/95 |
0 |
REF. SUB. ABUSE TEST |
UNION C. I. |
|
05/09/96 |
0 |
REF. SUB. ABUSE TEST |
UNION C. I. |
|
08/01/01 |
0 |
DISOBEYING ORDER |
UNION C. I. |
Entered 07/25/02 EW
Approved 08/07/02 WS
Updated 02/28/11 MJH
[1] Engle v. State – State case law that dictates a defendant has the right to confront witnesses against him during the guilt phase, penalty phase and sentencing.