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.
REED, Grover (W/M)
DC # 105661
DOB: 10/15/61
Fourth Judicial Circuit, Duval County, Case #8606123
Sentencing Judge: The Honorable John D. Southwood
Attorney, Trial: Richard Nichols – Special Public Defender
Attorney, Direct Appeal (Initial Appeal): Richard Nichols – Special Public Defender
Attorney, Direct Appeal: William McLain – Assistant Public Defender
Attorney, Collateral Appeals: Martin McClain – Registry
Date of Offense: 02/27/86
Date of Sentence: 01/09/87
Circumstances of Offense:
Grover Reed was convicted and sentenced to death for the murder of Betty Oermann.
In December of 1985, Grover Reed with a female companion and two children arrived in Jacksonville without money or a place to stay. Through an organization, Traveler’s Aid, they were placed in the home of a minister, Reverend Oermann, and his wife Betty. Reverend Oermann asked them to leave the home when he found drug paraphernalia but continued to help Reed financially and with transportation for a period of time. Eventually, the Oermanns felt that they were being used and stopped helping Reed financially. Reed reacted to the disruption in assistance by threatening “to get even.”
On 02/27/86, Betty Oermann was raped, strangled and stabbed. The Reverend found her in the living room that evening when he returned home from class. The police found a baseball cap. At the crime scene, the police televised a reenactment of the crime and displayed the cap as evidence. One viewer identified the hat as similar to one Reed was wearing on the day that Betty Oermann was killed. The police also were able to match fingerprints and hair samples from the scene to Grover Reed. An expert testified that the semen found could belong to Reed. In addition, Reed’s fingerprints were found on checks that had been stolen from the home and dropped in the yard.
Nigel Hacksaw, Reed’s cellmate, testified that Reed admitted to the breaking into the home and killing Betty Oermann.
Trial Summary:
07/10/86 Reed was indicted on the following:
Count I: First-Degree Murder (Betty Oermann)
Count II: Sexual Battery with Threat or Deadly Weapon
Count III: Robbery with Deadly Weapon
11/20/86 Reed was found guilty on all counts charged in the indictment.
11/26/86 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.
01/09/87 Reed was sentenced as follows:
Count I: First-Degree Murder (Betty Oermann) – Death
Count II: Sexual Battery with Threat or Deadly Weapon – 22 years, less 283 days
Count III: Robbery with Deadly Weapon – 9 years, less 283 days
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #70,069
560 So. 2d 203 (Fla. 1989)
02/04/87 Appeal filed.
09/09/87 FSC relinquished jurisdiction of the case to the trial court to determine whether Reed’s current counsel could fulfill his responsibilities as appellate counsel
and if not to appoint new counsel.
06/15/89 FSC reversed the conviction and sentence and remanded the case to the trial court for a new trial.
03/01/90 Motion for rehearing and clarification was granted. FSC reversed the 06/15/89 decision and affirmed the conviction and sentence.
05/29/90 Rehearing denied.
06/28/90 Mandate issued.
Circuit Court – On remand from Florida Supreme Court
CC #86-6123-CF
09/21/87 Nichols filed a motion to withdraw as attorney of record for Grover Reed.
09/21/87 CC granted the motion and appointed the office of the Public Defender to represent Grover Reed.
United States Supreme Court – Petition for Writ of Certiorari
USSC #90-5222
498 U.S. 882 (U.S. 1990)
07/23/90 Petition filed.
10/01/90 Petition denied.
Circuit Court – 3.850 Motion
CC #86-6123-CF
02/28/92 Motion filed.
07/20/92 Amended motion filed.
08/25/92 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #80,518
640 So. 2d 1094 (Fla. 1994)
09/25/92 Appeal filed.
06/02/94 FSC remanded the case to the trial court for an evidentiary hearing.
08/15/94 Rehearing denied.
08/15/94 Mandate issued.
Circuit Court – 3.850 Appeal on remand from FSC
CC #86-6123-CF
02/12/96 Amended Motion filed.
05/28/96 Amended Motion filed.
02/22/02 Evidentiary Hearing held.
08/28/02 Motion denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #96,662
751 So. 2d 51 (Fla. 1999)
10/04/99 Petition filed.
12/20/99 Petition denied.
Florida Supreme Court – 3.850 Appeal
FSC #02-2191
875 So.2d 415 (Fla. 2004)
10/11/02 Appeal filed.
04/15/04 Appeal affirmed.
06/03/04 Rehearing denied.
07/06/04 Mandate issued.
Florida Supreme Court – Writ of Habeas Corpus
FSC #03-558
875 So.2d 415 (Fla. 2004)
03/31/03 Petition filed.
04/15/04 Petition denied.
06/03/04 Rehearing denied.
07/06/04 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #04-6166
125 S.Ct. 481 (U.S. 2004)
08/30/04 Petition filed.
11/08/04 Petition denied.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #05-612
07/05/05 Petition filed.
09/29/08 Petition denied and dismissed with prejudice.
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-10059-P
593 F.3d 1217
08/19/09 Appeal filed.
01/11/10 USCA affirmed the denial of the petition
United States Supreme Court – Petition for Writ of Certiorari
USSC# 09-11314
131 S.Ct. 177
06/07/10 Petition filed
10/04/10 Petition denied
Circuit Court – 3.851 Motion
CC# 86-6123
(Pending)
11/29/10 Motion filed
03/17/11 Amended motion
Factors Contributing to the Delay in Imposition of Sentence:
The case was remanded to the trial court during the Direct Appeal to determine whether Reed’s attorney could provide effective assistance of counsel. The case was remanded to the trial court during the 3.850 Appeal filed on 09/25/92 for an evidentiary hearing on claims of ineffective assistance of counsel. Reed’s case remained in the circuit court for more than five years prior to being denied.
Case Information:
Grover Reed filed his Direct Appeal in the Florida Supreme Court on 02/04/87. Addressed issues included that the prosecutor used eight of his ten peremptory strikes to remove blacks from the jury and that an unfair burden was placed on the defense. Reed also argued that the trial court erred in not instructing the jury on Reed’s impaired capacity and that the trial judge and prosecutor made statements that the jury’s sentencing decision was only advisory, and the judge would be responsible for final sentencing. On 6/15/89, the Florida Supreme Court reversed the conviction and sentence and remanded the case to the circuit court for a new trial due to errors in jury selection. On 03/01/90, the Motion for Rehearing and Clarification was granted. The Florida Supreme Court withdrew the opinion issued on 06/15/89 and replaced it with a new opinion. The second opinion from the Florida Supreme Court affirmed the judgment and sentence.
On 07/23/90, Reed filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 10/01/90.
Reed filed a 3.850 Motion in the Circuit Court on 02/28/92. An amended motion was filed on 07/20/92. The motion was denied on 08/25/92.
Reed filed a 3.850 Appeal in the Florida Supreme Court on 09/25/92. Addressed issues included that the prosecutor introduced improper arguments, such as referring to personal characteristics of the defendant, during the trial, that the jury instructions about the aggravating circumstances were unclear and that the trial court erred in summarily denying Reed’s claims of ineffective assistance of counsel. On 06/02/94, the Florida Supreme Court remanded the case to the trial court for an evidentiary hearing to determine effective assistance of counsel.
On 02/12/96, Reed filed an Amended 3.850 Motion in the Circuit Court. An Amended 3.850 Motion was filed on 05/28/96. An evidentiary hearing was held on 02/22/02. The motion was denied on 08/28/02.
Reed filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/04/99. The petition was denied on 12/20/99.
Reed filed a 3.850 Appeal in the Florida Supreme court on 10/11/02. Reed argued that the trial court erred in not finding that the defendant was denied effective assistance of counsel due to his trial court’s failure to sufficiently challenge the prosecutions peremptory challenges to strike African-American jurors. Reed further argued that the trial court erred by finding that the defendant was not denied effective assistance of counsel due to his trial counsel’s failure to use a hair-type expert, serology expert, fingerprint expert. Reed also contended that trial court erred by finding that the defendant was not denied effective assistance of counsel due to his trial counsel’s failure to present an alibi defense or present evidence of mitigating factors. In addition, Reed argued that the trial court erred by finding that the defendant was not denied effective assistance of counsel due to his trial counsels failure to require proof of the chain of custody of evidence and by conceding guilt to a lesser included charge. Reed further argued that the trial court erred by denying Reed’s Brady claim [1]. The appeal was affirmed on 04/15/04.
On 03/31/03, Reed filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. Reed contended that the Florida’s death penalty was unconstitutional and that he was denied effective assistance of counsel. The petition was denied on 04/15/04.
Reed filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/30/04. On 11/08/04, the petition was denied.
On 07/05/05, Reed filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. On 09/29/08, this petition was denied and dismissed with prejudice.
On 08/19/09, Reed filed a Habeas Corpus Appeal in the United States Court of Appeals, 11th Circuit. The court affirmed the denial of the petition on 01/11/10.
Reed filed a Petition for Writ of Certiorari in the United States Supreme Court on 06/07/10. This petition was denied on 10/04/10.
On 11/29/10, Reed filed a 3.851 Motion in the Circuit Court. An amended motion was filed on 03/17/11. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
02/09/95 0 POSS OF CONTRABAND UNION C. I.
11/07/03 30 POSS OF CONTRABAND UNION C. I.
________________________________________________________________________
Report Date: 11/01/02 SQ
Approved: 11/26/02 WS
Updated: 03/29/11 EMJ
[1] A Brady violation occurs when the prosecution withholds information favorable to the defendant’s case.