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.
DIAZ, Angel (H/M)
AKA: Papo, Emilio Baez
DOB: 08/31/51
Eleventh Judicial Circuit, Dade County Case # 83-18931-B
Sentencing Judge: The Honorable Amy Steele Donner
Attorney, Trial: Robert Lamons – Private
Attorney, Direct Appeal: Helen Ann Hauser – Private
Attorney, Collateral Appeals: Suzanne Keffer – CCRC-S
Date of Offense: 12/29/79
Date of Sentence: 01/24/86
Circumstances of Offense:
On 12/29/79, three Spanish-speaking men robbed the Velvet Swing Lounge in Miami, Florida, and one of the men killed the bar manager. No one actually witnessed the shooting, as a majority of the patrons and employees had been confined to a restroom in the bar. A dancer hiding under the bar did not see who fired the gunshots.
Angel “Sammy” Toro and Angel Diaz were charged with the crime. The third man, known as “Willie,” was never identified.
The case remained unsolved until 1983, when Diaz’ girlfriend told police that Diaz was involved in the crimes. He was identified in a lineup by a witness, and his fingerprints were matched to fingerprints at the crime scene.
At trial, an acquaintance of Diaz and Toro testified that on the night of December 29, 1979, Diaz told her that Angel Toro shot a man during a robbery. However, a man who occupied the neighboring cell during Diaz's pre-trial incarceration testified that Diaz indicated that he shot the victim.
At trial, Diaz conducted his own defense, with the aid of counsel.
Codefendant Information
Angel Toro was sentenced to life imprisonment for the crimes.
Additional Information:
Angel Diaz was convicted of Armed Robbery in Puerto Rico and was sentenced to 5-8 years in prison on 11/05/75. While incarcerated and participating in a drug rehabilitation program, Diaz was charged and convicted of Second-Degree Murder and was sentenced to 10-15 years in prison on 09/06/78. On 09/19/79, Diaz escaped from custody and fled to Dade County, Florida.
Trial Summary:
01/25/84 Indicted as follows:
Count I First-Degree Murder
Counts II, IV-VII Armed Robbery
Count III Attempted Armed Robbery
Counts VIII-XIII Kidnapping
Count XIV Possessing a Firearm During a Felony
12/18/85 State nolle prosequied Counts II, VI, XII, and XIII
12/21/85 Jury acquitted on Count V, but returned guilty verdicts on Counts I, III,
IV, VII-XI, and XIV
01/03/86 Jury recommended a death sentence by a vote of 8-4.
01/24/86 Sentenced as follows:
Count I First-Degree Murder – Death
Counts III-IV Armed Robbery – 134 years each (268 total)
Count VII Attempted Armed Robbery – 15 years
Counts VIII-XI Kidnapping – 134 years (536 total)
Count XIV Possessing a Firearm During a Felony –
15 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 68,493
513 So.2d 1045
03/24/86 Appeal filed
10/08/87 FSC affirmed convictions and sentences
11/09/87 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 87-6044
484 U.S. 1079
12/04/87 Petition filed
02/22/88 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 83-18931-B
10/24/89 Motion filed
01/28/93 Circuit Court denied Motion
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 74,927
719 So.2d 865
10/26/89 Petition for Writ of Habeas Corpus filed
06/11/98 FSC denied Petition
10/01/98 Rehearing denied
12/30/98 Mandate issued
Florida Supreme Court – 3.850 Motion Appeal
FSC# 81,584
719 So.2d 865
04/14/93 3.850 Appeal filed
06/11/98 FSC affirmed denial of 3.850 Motion
10/01/98 Rehearing denied
12/30/98 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 98-8323
526 U.S. 1100
03/01/99 Petition filed
05/03/99 USSC denied Petition
U.S. District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 99-3215
11/24/99 Petition filed
02/19/02 Amended Petition filed
01/23/04 USDC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 00-1782
797 So.2d 585
06/20/00 Petition filed
07/05/01 FSC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-234
869 So.2d 538
02/11/03 Petition filed
10/28/03 FSC denied Petition
02/26/04 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 03-10865
543 U.S. 854
05/26/04 Petition filed
10/04/04 USSC denied Petition
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 04-12795
402 F.3d 1136
05/28/04 Appeal filed
03/14/05 USCA affirmed denial of Petition
05/23/05 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 05-6800
10/03/05 Petition filed
12/05/05 USSC denied Petition
Circuit Court – 3.851 Motion
CC# 83-18931-B
09/25/06 Motion filed
11/21/06 CC denied motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 06-2259
11/22/06 Appeal filed
11/29/06 FSC remanded to CC to deal with recanted testimony issue
12/08/06 FSC affirmed denial of motion & Mandate issued
Circuit Court – 3.851 Motion
CC# 83-18931-B
11/27/06 Motion filed
11/30/06 Evidentiary Hearing held
12/01/06 CC denied motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 06-2305
12/04/06 Appeal filed
12/08/06 FSC affirmed denial of motion & Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 06-2313
12/04/06 Petition filed
12/08/06 FSC denied petition
12/08/06 FSC affirmed denial of motion & Mandate issued
U.S. Court of Appeals – Petition to File Successive Habeas Petition
USCA# 06-16362
12/09/06 Petition filed
12/11/06 USCA denied petition
U.S. Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 06-8239
12/11/06 Petition filed
12/13/06 USSC denied petition
U.S. Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 06-8312
12/13/06 Petition filed
12/13/06 USSC denied petition
Death Warrant Information:
08/29/89 Governor Bob Martinez signed a death warrant.
10/26/89 FSC granted a stay of execution.
11/14/06 Governor Bush signed a death warrant, and execution is set for 12/13/06.
12/13/06 Executed.
Clemency Hearing:
06/23/88 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
Two filings have contributed to the delay – the 3.850 Motion that was pending from 10/24/89 – 01/28/93 and the Federal Petition for Writ of Habeas Corpus that was pending from 11/24/99 – 01/23/04. However, the most substantial contribution to the delay arises from the Petition for Writ of Habeas Corpus that was pending from 10/26/89 – 06/11/98 and the 3.850 Appeal that was pending from 04/14/93 – 06/11/98. The disposition of these cases was delayed by complicated legal issues and three separate requests to supplement information contained in Diaz’s initial briefs.
Case Information:
Diaz filed a Direct Appeal with the Florida Supreme Court on 03/24/86, citing the following trial court errors: denial of motion for continuance; excusal of two jurors for cause; security measures that biased the jury against Diaz; allowance of Diaz to proceed pro se; the death penalty is cruel and unusual punishment; failure to instruct the jury on intent; improper finding of the great risk to many persons aggravating circumstance; and disproportionate sentencing due to insufficient evidence and the lighter sentence received by a codefendant. The FSC affirmed Diaz’s convictions and sentences on 10/08/87.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/04/87 that was denied on 02/22/88.
Diaz filed a 3.850 Motion with the circuit court on 10/24/89 that was denied on 01/28/93.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/26/89, citing eighteen trial-related issues. Diaz also filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/14/93, citing twenty-five trial-related issues. These cases were consolidated for decision, and the FSC denied the Habeas Petition and affirmed the trial court’s denial of the 3.850 Motion on 06/11/98.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/01/99 that was denied on 05/03/99.
Diaz filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 11/24/99 and amended the Petition on 02/19/02. The Petition was denied on 01/23/04.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/20/00 that was denied on 07/05/01.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/11/03, citing claims raised in Ring v. Arizona. On 10/28/03, the FSC denied the Petition.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/26/04 that was denied on 10/04/04.
Diaz filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 05/28/04. On 03/14/05, the USCA affirmed the denial of the Petition.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/03/05 that was denied on 12/05/05.
Diaz filed a 3.851 Motion with the Circuit Court on 09/25/06 that was denied on 11/21/06.
Governor Bush signed a death warrant on 11/14/06, and the execution is set for 12/13/06.
Diaz filed a 3.851 Motion Appeal with the Florida Supreme Court on 11/22/06, and on 11/29/06, the FSC remanded the case to the Circuit Court to rule on a recanted testimony issue. On 12/08/06, the FSC affirmed the denial of the motion and issued a Mandate.
Diaz filed a 3.851 Motion on 11/27/06, and an Evidentiary Hearing was held on 11/30/06. On 12/01/06, the CC denied the motion.
Diaz filed a 3.851 Motion Appeal with the Florida Supreme Court on 12/04/06, raising the following issues: Florida’s lethal injection statute, newly discovered evidence, mental illness, and public records. On 12/08/06, the FSC affirmed the denial of the motion and issued a Mandate.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 12/04/06, raising the following issues: proportionality of punishment and a Crawford violation for hearsay testimony. On 12/08/06, the FSC denied the petition and issued a Mandate.
Diaz filed a Petition to File a Successive Habeas Petition with the U.S. Court of Appeals on 12/09/06 that was denied on 12/11/06.
Diaz filed a Petition for Writ of Certiorari & Stay of Execution with the U.S. Supreme Court on 12/11/06 that was denied on 12/13/06.
Diaz filed a Petition for Writ of Certiorari & Stay of Execution with the U.S. Supreme Court on 12/13/06 that was denied on 12/13/06.
Diaz was executed on 12/13/06.
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
11/05/86 360 ASSAULTS OR ATTEMPT FLORIDA STATE PRISON
09/07/87 30 DISOBEYING ORDER FLORIDA STATE PRISON
03/09/88 0 POSS OF CONTRABAND FLORIDA STATE PRISON
11/28/89 30 DISOBEYING ORDER FLORIDA STATE PRISON
08/12/91 10 DISORDERLY CONDUCT FLORIDA STATE PRISON
04/21/97 0 FIGHTING UNION C. I.
05/04/97 0 POSS OF CONTRABAND UNION C. I.
07/14/97 0 UNARMED ASSAULT UNION C.I.-MED.FAC.
09/24/00 0 DEFACING STATE PROP. UNION C. I.
Report Date: 04/30/03 JFL
Approved: 05/12/03 WS
Updated: 01/12/07 JFL