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.
COOK, David (B/M)
DC # 100018
DOB: 02/01/64
Eleventh Judicial Circuit, Dade County, Case #84-19874
Sentencing & Resentencing Judge: The Honorable Thomas M. Carney
Trial Attorney: Arthur W. Carter – Private
Attorney, Direct Appeal: Geoffrey C. Fleck – Special Assistant Public Defender
Attorney, Direct Appeal (RS): Geoffrey C. Fleck – Special Assistant Public Defender
Attorneys, Collateral Appeals: Rachel Day – CCRC-S
Date of Offense: 08/15/84
Date of Sentence: 10/25/85
Date of Resentencing: 02/05/90
Circumstances of Offense:
David Cook was convicted and sentenced to death for the murder of Onelia Betancourt on 08/15/84.
Onelia Betancourt and her husband Rolando were found dead at a Miami Burger King where they were employed as the late-night cleaning crew.
David Cook was brought in for questioning, following an anonymous tip, and confessed to killing the couple. Cook stated that he, Derek Harrison, and Melvin Nairn went to the Burger King to commit a robbery on 08/15/84. When Rolando Betancourt exited the back of the restaurant to empty the garbage, Cook grabbed Harrison’s gun and followed Rolando back inside. The door slammed behind them, preventing Harrison and Nairn from entering. Cook demanded Rolando get him the money from the safe, but Rolando answered that he did not speak English. When Cook insisted that Rolando get the money from the safe, Rolando hit him in the arm with a metal rod, and then Cook shot him once in the chest. When Cook was exiting the restaurant, Onelia Betancourt grabbed him around the legs and began screaming. Cook shot her and fled with Harrison and Nairn.
Codefendant Information:
Derek Harrison was sentenced to 23 years imprisonment for his role in the murders and robbery
Melvin Nairn received a 24-year sentence for his part in the murders and robbery.
Trial Summary:
08/25/84 Defendant arrested.
09/13/84 Defendant indicted as follows:
Count I: First-Degree Murder (Rolando Betancourt)
Count II: First-Degree Murder (Onelia Betancourt)
Count III: Armed Burglary
Count IV: Attempted Armed Robbery
Count V: Attempted Armed Robbery
Count VI: Unlawful Possession of a Firearm
08/09/85 The jury found the defendant guilty on all counts.
08/13/85 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the
death penalty for the murder of Rolando Betancourt. The jury, by an 8 to 4 majority, voted for death for the murder of Onelia Betancourt.
10/25/85 Defendant sentenced as follows:
Count I: First-Degree Murder (Rolando Betancourt) – Life
Count II: First-Degree Murder (Onelia Betancourt) – Death
Count III: Armed Burglary – Life
Count IV: Attempted Armed Robbery – 15 years
Count V: Attempted Armed Robbery – 15 years
Count VI: Unlawful Possession of a Firearm –
Suspended Sentence
04/06/89 Upon Direct Appeal, the Florida Supreme Court affirmed the murder
convictions and sentence of life imposed for the murder of Rolando Betancourt. They reversed and remanded Cook’s death sentence for the murder of Onelia Betancourt, and ordered a resentencing without the consideration of two aggravating factors that were previously applied.
02/05/90 Defendant resentenced as follows:
Count II: First-Degree Murder (Onelia Betancourt) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #68,044
542 So. 2d 964
12/16/85 Appeal filed.
04/06/89 FSC affirmed the murder convictions and sentence of life imposed for the
murder of Rolando Betancourt. They reversed and remanded Cook’s death sentence for the murder of Onelia Betancourt, and ordered a resentencing without the consideration of two aggravating factors that were previously applied.
06/05/89 Rehearing denied.
Florida Supreme Court – Direct Appeal (Resentencing)
FSC #75,725
581 So. 2d 141
03/14/90 Appeal filed.
05/30/91 FSC affirmed the death sentence.
07/15/91 Rehearing denied.
08/14/91 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #91-5378
502 U.S. 890
08/05/91 Petition filed.
10/07/91 Petition denied.
State Circuit Court – 3.850 Motion
CC #84-19874
01/08/93 Motion filed.
12/04/96 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC94-134
792 So. 2d 1197
10/15/98 Appeal filed.
06/28/01 FSC remanded the appeal for an evidentiary hearing on Cook’s claim of
ineffective counsel during the penalty phase.
09/24/01 Mandate issued.
State Circuit Court – 3.850 (On Remand From FSC)
CC #84-19874
06/28/01 FSC remanded the appeal for an evidentiary hearing on Cook’s claim of ineffective counsel during the penalty phase.
12/15/03 Evidentiary Hearing held.
09/23/04 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 04-2066
952 So.2d 1188
10/26/04 Appeal filed.
02/14/07 FSC reversed the denial of the motion and remanded for a new penalty phase.
Florida Supreme Court – Petition for Writ of Habeas Corpus
954 So.2d 27
07/26/05 Petition filed.
03/14/07 FSC denied petition.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 06-1911
12/18/06 Petition filed.
06/12/07 Petition dismissed.
Factors Contributing to the Delay in the Imposition of the Sentence
Cook’s death sentence for the murder of Onelia Betancourt was reversed for the improper imposition of aggravating factors. Cook’s initial Direct Appeal took approximately four years to resolve, as did his Motion to Vacate Judgment and Sentence (3.850). After approximately three years, Cook’s 3.850 Appeal was remanded to the State Circuit Court for an evidentiary hearing on his claim of ineffective counsel.
Case Information:
On 12/16/85, Cook filed a Direct Appeal in the Florida Supreme Court. He argued that the trial court erred in refusing to excuse two potential jurors for cause because they had difficulty understanding English, in the application of aggravating and mitigating evidence, and in the jury instruction during the penalty phase. The Florida Supreme Court affirmed the convictions and sentence of life imprisonment for the murder of Rolando Betancourt on 04/06/89. They reversed and remanded Cook’s death sentence for the murder of Onelia Betancourt and ordered him to be resentenced without two previously applied aggravating factors.
Cook was resentenced to death by the trial judge on 02/05/90. He filed a Direct Appeal of that decision in the Florida Supreme Court on 03/14/90. In that appeal, he argued that his sentence was disproportional to those of his co-defendants and that the trial judge failed to adequately consider the mitigating evidence in his sentencing order. The Florida Supreme Court affirmed the sentence on 05/30/91.
Cook next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/07/91.
Next, Cook filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court that was denied on 12/04/96.
Cook filed an appeal in the Florida Supreme Court on 10/15/98. On 06/28/01, the Supreme Court reversed the denial by the Circuit Court and remanded the case for an evidentiary hearing to examine Cook’s claim of ineffective counsel during the penalty phase.
An evidentiary hearing was held in the State Circuit Court on 12/15/03, and the motion was denied on 09/23/04.
Cook filed a 3.850 Motion Appeal with the Florida Supreme Court on 10/26/04, and on 02/14/07, the FSC reversed the denial of the motion and remanded for a new penalty phase.
Cook filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 07/26/05 that was denied on 03/14/07.
Cook filed a Petition for Writ of Habeas Corpus with the United States District Court on 12/18/06 that was denied on 06/12/07.
A new penalty phase is scheduled to be held in the state circuit court on 06/24/09.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
------- ---- ---------------------------- -------------------
04/08/86 15 SPOKEN THREATS FSP
11/25/86 15 DISOBEYING ORDER FSP
12/23/86 15 DISORDERLY CONDUCT FSP
10/18/89 15 INCITING RIOTS NEW RIVER
01/30/91 30 DISORDERLY CONDUCT FSP
04/29/91 0 DISOBEYING ORDER FSP
04/30/91 0 DISOBEYING ORDER FSP
01/29/93 0 DISOBEYING ORDER UNION C. I.
02/27/94 0 DISORDERLY CONDUCT UNION C. I.
12/21/94 0 REF. SUB. ABUSE TEST UNION C. I.
01/23/95 30 SPOKEN THREATS UNION C. I.
09/10/95 0 POSS OF CONTRABAND UNION C. I.
11/19/96 180 UNAUTH USE OF DRUGS UNION C.I.
03/30/98 0 DISRESP.TO OFFICIALS UNION C. I.
06/04/99 105 UNAUTH USE OF DRUGS UNION C. I.
08/06/99 0 POSS OF CONTRABAND UNION C. I.
09/26/00 0 DEFACING STATE PROP. UNION C. I.
01/15/03 0 DISRESP.TO OFFICIALS UNION C. I.
06/11/03 30 DISOBEYING ORDER UNION C. I.
06/18/03 30 POSS OF CONTRABAND UNION C. I.
07/18/03 30 POSS OF CONTRABAND UNION C. I.
07/18/03 30 DEFACING STATE PROP. UNION C. I.
07/27/05 30 DISOBEYING ORDER UNION C. I.
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01/25/01 – ew
01/30/02 – approved – ws
04/24/09 – updated – klh