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.
RHODES, Richard (W/M)
DC #099269
DOB: 10/03/53
Six Judicial Circuit, Pinellas County, Case #84-3982
Sentencing Judge: The Honorable Helen S. Hansel
Resentencing Judge: The Honorable W. Douglas Baird
Attorney, Trial: David J. Kurland – Special Public Defender
Attorney, Direct Appeal: Robert F. Moeller – Assistant Public Defender
Attorney, Collateral Appeals: Pamela H. Izakowitz &Terry L. Backus – Registry
Date of Offense: 02/29/84
Date of Sentence: 09/12/85
Date of Resentencing: 03/20/92
Circumstances of Offense:
Richard Rhodes was convicted and sentenced to death for the murder of Karen Nieradka.
On March 24, 1984, the body of Karen Nieradka was found in debris that had been transported to St. Petersburg from the demolition site of the Sunset Hotel in Clearwater. The hotel had been demolished on March 15, 1984. Nieradka was found to have died from manual strangulation.
Several weeks prior, on March 2, 1984, Richard Rhodes had been stopped by the Florida Highway Patrol and arrested for driving without a valid license. At the time of the arrest, Rhodes was driving a car registered to the victim, Nieradka. The police interviewed Rhodes on March 26, 1984. Rhodes gave different stories, but continued to deny involvement in Nieradka’s death.
On April 27, 1984, Rhodes tried to make a deal with detectives saying that he would explain how Nieradka died if he would be sent to a mental health facility. Rhodes said that the victim’s death had been due to an accidental fall from the third story of the Sunset Hotel. However, during the course of the trial, three inmates from the Pinellas County Jail testified that Rhodes had confessed to murdering Nieradka.
Trial Summary:
07/20/84 Indicted on the following:
Count I: First-Degree Murder (Karen Nieradka)
08/16/85 Rhodes was found guilty on count I.
08/27/85 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the death penalty.
09/12/85 Sentenced as follows:
Count I: First-Degree Murder (Karen Nieradka) – Death
07/06/89 FSC remanded to the case to the trial court for a new sentencing hearing.
03/17/92 Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the death penalty.
03/20/92 Rhodes was sentenced as follows:
Count I: First-Degree Murder (Karen Nieradka) – Death
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #67,842
547 So. 2d 1201 (Fla. 1989)
10/29/85 Appeal filed.
07/06/89 FSC remanded to the case to the trial court for a new sentencing hearing.
09/20/89 Rehearing denied.
Florida Supreme Court – Direct Appeal (Re-sentencing)
FSC #79,627
547 So. 2d 1201 (Fla. 1994)
04/03/92 Appeal filed.
05/05/94 FSC affirmed the sentence of death and vacated the duplicate conviction.
07/11/94 Rehearing denied.
08/10/94 Mandate issued.
United States Supreme Court – Writ of Certiorari
USSC# 94-6357
513 U.S. 1046 (U.S. 1994)
10/07/94 Petition filed.
12/05/94 USSC denied the petition.
Circuit Court – 3.850 Motion
CC #84-3982
04/11/96 Motion filed.
01/08/99 Amended Motion filed.
11/12/03 Motion denied.
Florida Supreme Court – Writ of Habeas Corpus
FSC #90,583
705 So. 2d 10 (Fla. 1997)
05/19/97 Petition filed.
11/13/97 FSC denied the petition.
Circuit Court – 3.853 (DNA) Motion
CC #84-3982
12/19/01 Motion filed.
05/17/06 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #04-31
986 So.2d 501
01/08/04 Appeal filed.
03/13/08 Disposition affirmed; Motion denied.
03/27/08 Motion for Rehearing filed.
07/03/08 Rehearing denied.
07/21/08 Mandate entered.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 09-cv-01350
07/17/09 Petition filed
10/13/09 Amended Petition filed
09/30/10 Petition denied
10/23/10 Motion to Alter Judgment filed
Factors Contributing to the Delay in Execution of Sentence:
The Direct Appeal was pending for four years prior to a decision being rendered and then the case was remanded to the trial court for re-sentencing. The 3.850 Motion filed in 1996 took seven years before being denied.
Case Information:
On 10/29/85, Rhodes filed a Direct Appeal in the Florida Supreme Court. He raised several issues on appeal in reference to the guilt phase of the trial. One issue was that remarks made by the prosecutor were prejudicial. The Florida Supreme Court determined the remarks to be harmless. Another issue raised was that the court should not have given instructions on flight because there was no evidence that Rhodes was attempting to avoid prosecution.
Rhodes raised several issues in reference to the penalty phase of the trial. One issue was that the court allowed testimony about a crime that Rhodes committed in Nevada, and an audiotape of the victim, in the Nevada case, was played for the jury. The Florida Supreme Court found error because Rhodes was not allowed the opportunity for rebuttal and found the tape to be irrelevant and prejudicial. The Florida Supreme Court affirmed the conviction; however, Florida Supreme Court remanded the case to the trial court for a new sentencing hearing on 07/06/89.
On 03/17/92, a jury, by a 10 to 2 majority, voted for the death penalty upon advisory sentencing. Rhodes was re-sentenced to death on 03/20/92. He was erroneously adjudicated guilty by the judge, due to the Florida Supreme Court’s previous affirmation of his original conviction. (This duplicate conviction was later vacated by the Florida Supreme Court.)
On 04/03/92, Rhodes filed a Direct Appeal (Re-sentencing) in the Florida Supreme Court. He raised several issues on appeal. One issue was that the trial court erred in dismissing potential jurors who said that they would have difficulty in imposing capital punishment. Another issue raised was that hearsay was allowed. Rhodes also argued that the state was allowed to present irrelevant evidence.
Another issue was that the jury instructions misinformed the jury about its role. Rhodes also raised the issue that the penalty of death was not proportional in this case. The final issue presented was that one of the two convictions for First-Degree Murder should be vacated. On 08/10/94, the Florida Supreme Court affirmed the sentence of death, but vacated the duplicate conviction for First-Degree Murder (03/20/92).
On 10/07/94, Rhodes filed a Petition for Writ of Certiorari in the United States Supreme Court. The United States Supreme Court denied the petition on 12/05/94.
Rhodes filed a 3.850 Motion in the Circuit Court on 04/11/96. On 01/08/99, Rhodes filed an Amended 3.850 Motion. The Circuit Court denied the motion on 11/12/03.
On 05/19/97, Rhodes filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The Florida Supreme Court denied the petition on 11/13/97.
On 12/19/01, Rhodes filed a 3.853 (DNA) Motion in the Circuit Court. The motion was denied on 05/17/06.
Rhodes filed a 3.850 Appeal in the Florida Supreme Court on 01/08/04. On 03/13/08, the Florida Supreme Court affirmed the trial court’s disposition and denied the 3.850 appeal. Rhodes filed a Motion for Rehearing on 03/27/08 which was denied on 07/03/08. The Florida Supreme Court issued a mandate on 07/21/08.
On 07/17/09, Rhodes filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. An amended petition was filed on 10/13/09. This petition was denied on 09/30/10. A Motion to Alter Judgment was filed on 10/23/10.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
11/17/85 |
45 |
UNARMED ASSAULT |
FSP |
|
01/04/88 |
20 |
FIGHTING |
FSP |
|
03/14/89 |
30 |
DEST. OF ST. PROP. |
FSP |
|
05/18/93 |
0 |
DEFACING STATE PROP. |
FSP |
|
06/02/94 |
0 |
SPOKEN THREATS |
UNION C. I. |
|
10/16/94 |
0 |
POSS OF CONTRABAND |
UNION C. I. |
|
03/13/95 |
0 |
SPOKEN THREATS |
UNION C. I. |
|
03/14/95 |
0 |
MISUSE OF STATE PROP |
UNION C. I. |
|
03/20/95 |
0 |
DISORDERLY CONDUCT |
UNION C. I. |
|
06/10/95 |
0 |
DISORDERLY CONDUCT |
UNION C.I.-MED |
|
12/12/95 |
0 |
FIGHTING |
UNION C. I. |
|
02/22/96 |
0 |
SPOKEN THREATS |
UNION C. I. |
|
04/09/96 |
0 |
DISORDERLY CONDUCT |
UNION C. I. |
|
04/30/96 |
0 |
DISORDERLY CONDUCT |
UNION C. I. |
|
10/09/96 |
0 |
SPOKEN THREATS |
UNION C.I.-MED. |
|
10/15/96 |
0 |
UNARMED ASSAULT |
UNION C. I. |
|
10/24/96 |
0 |
DEST. OF ST. PROP. |
UNION C.I.-MED. |
|
04/29/97 |
0 |
FIGHTING |
UNION C. I. |
|
08/19/97 |
0 |
UNARMED ASSAULT |
UNION C. I. |
|
11/14/97 |
0 |
FIGHTING |
UNION C. I. |
|
07/30/02 |
60 |
DISORDERLY CONDUCT |
UNION C. I. |
|
07/30/02 |
180 |
UNARMED ASSAULT |
UNION C. I. |
|
08/01/02 |
0 |
DISOBEYING ORDER |
UNION C. I. |
|
08/01/02 |
0 |
DISRESP.TO OFFICIALS |
UNION C. I. |
|
06/03/03 |
266 |
ASSAULTS OR ATTEMPT |
UNION C. I. |
|
09/02/03 |
0 |
DISOBEYING ORDER |
UNION C. I. |
________________________________________________________________________
Report Date: 12/18/01 S.Q.
Approved: 12/20/01 W.S.
Updated: 11/01/10 EMJ