The Commission on Capital Cases updates this information regularly

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.

BOGLE, Brett (W/M)

DC # 110365

DOB: 05/01/69

Thirteenth Judicial Circuit, Hillsborough County, Case #91-12952

Sentencing Judge: The Honorable Susan Bucklew

Trial Attorneys: Douglas Roberts & Paul Firmani – Assistant Public Defenders

Attorney, Direct Appeal: Robert F. Moeller – Assistant Public Defender

Attorney, Collateral Appeals: Linda McDermott – Registry

Dates of Offenses: 09/01/91 & 09/13/91

Date of Sentence: 02/15/93

Circumstances of Offense:

Brett Bogle, the defendant, was convicted and sentenced to death for the murder of Margaret Torres on 09/13/91.

Margaret Torres stayed with her sister, Katie Alfonso, four to five nights a week. In June 1991, Alfonso met the defendant, and soon after, Bogle moved in with the two sisters. Since Bogle and Torres never got along, Alfonso had to ask him to move out. The three remained acquaintances and went out together on 09/01/91, the week after Bogle moved out. During the course of the evening, Bogle and Torres began to argue. The sisters refused to let him in their house, but Bogle broke through the screen door and pushed his way past Alfonso to stop Torres from calling 911. Bogle warned Torres that he would kill her if she told the police and pressed charges. Bogle called Alfonso a few days after the incident and again threatened that if Torres contacted the police, she would not live to tell about it.

On 09/13/91, Bogle ran into Torres at a local bar. Witnesses testified that Bogle was clean and free of any visible injuries when he entered the bar and that he and Torres spoke briefly. Torres left the bar at 1 a.m., and the defendant was seen leaving five minutes later. When Bogle was seen 45 minutes later outside the bar, his clothes were soiled, his crotch was damp and his face was scratched.

Torres’ nude body was found the next day close to the bar. She had been beaten severely, her head had been crushed with a piece of cement, and medical examiners found semen in her vagina and anus. Tests confirmed that the semen matched Bogel’s DNA type, and that only 12.5 percent of white males could have left that particular type of semen.

Prior Incarceration History in Florida:

Offense Date	Offense	Sentence Date	County	Case #	Sentence
05/08/1987	BURG/DWELL/OCCUP.CONVEY	01/05/1988	ALACHUA	8703154	2Y 0M 0D
05/08/1987	GRAND THEFT FIREARM	01/05/1988	ALACHUA	8703154	2Y 0M 0D
09/03/1987	GRAND THEFT MOTOR VEHICLE	01/05/1988	ALACHUA	8703370	2Y 0M 0D

Trial Summary:

09/14/91 Defendant arrested.

10/02/91 Defendant indicted on:

Count I: First-Degree Murder

Count II: Burglary with Assault

Count III: Retaliation Against a Witness

Count IV: Robbery

10/01/92 The jury found the defendant guilty on Counts I, II, & III. Bogle was

found not guilty on Count IV – Robbery.

10/02/92 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the

death penalty.

12/22/92 Order granting Motion for Retrial – Penalty Phase.

02/10/93 Upon advisory sentencing at the second penalty phase, the jury, by a 10 to

2 majority, voted for the death penalty.

02/15/93 The defendant was sentenced as followed:

Count I: First-Degree Murder - Death

Count II: Burglary with Assault – Life in Prison

Count III: Retaliation Against a Witness – 5 years

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #81,345

655 So. 2d 1103

03/01/93 Appeal filed.

02/16/95 FSC affirmed the convictions and sentence of death.

06/15/95 Rehearing denied.

07/17/95 Mandate issued.

United States Supreme Court - Petition for Writ of Certiorari

USSC #95-5987

516 U.S. 978

09/13/93 Petition filed.

11/13/95 Petition denied.

State Circuit Court - 3.850 Motion

CC #91-12952

(pending)

03/18/97 Motion filed.

07/05/00 Motion amended.

11/30/00 Motion amended.

06/13/03 Motion amended.

04/02/07 Order denying in part and granting Evidentiary Hearing.

06/06/08 Motion amended.

Factors Contributing to the Delay in the Imposition of the Sentence:

Bogle’s 3.850 Motion was pending for more than ten years.

Case Information:

Subsequent to his initial sentencing, Bogle was granted a new penalty phase by the Circuit Court on 12/22/92. During the second penalty phase, the judge sentenced the defendant to death on 02/15/93.

On 03/01/93, Bogle filed a Direct Appeal in the Florida Supreme Court. In his appeal, Bogle cited that the court erred in allowing the State Attorney’s Office of the 13th Circuit to handle his case when that office had hired one of his defense attorneys. Bogle also argued that the court prevented the penalty phase jury from hearing important evidence. He also claimed that the court erred in its application of several aggravating factors. The Florida Supreme Court affirmed the convictions and sentence of death on 02/16/95. The mandate was issued on 07/17/95.

Bogle filed a Petition for Writ of Certiorari on 09/13/95, which was denied on 11/13/95.

On 03/18/97, Bogle filed a 3.850 Motion in the State Circuit Court and amended the Motion on 07/05/00, 11/30/00, and 06/13/03. On 03/10/04 and 04/24/06, Evidentiary Hearings were held. On 04/02/07, this motion was denied in part and an Evidentiary Hearing was granted. The motion was amended on 06/06/08 and an Evidentiary Hearing was held on 11/30/09-12/01/09.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

-------- ---- ---------------------------- ---------------

03/27/93 15 POSS OF UNAUTH BEV. FSP

02/01/94 0 DISORDERLY CONDUCT UNION C. I.

09/05/94 60 ASSAULTS OR ATTEMPT UNION C. I.

05/19/95 0 DISORDERLY CONDUCT UNION C. I.

08/13/95 0 DISRESP.TO OFFICIALS UNION C. I.

08/13/95 0 DISOBEYING ORDER UNION C. I.

08/23/95 0 SPOKEN THREATS UNION C. I.

09/10/95 0 POSS OF CONTRABAND UNION C. I.

03/04/97 0 DISRESP.TO OFFICIALS UNION C. I.

03/04/97 0 DISOBEYING ORDER UNION C. I.

04/07/97 120 UNAUTH USE OF DRU UNION C. I.

09/08/97 0 FIGHTING UNION C. I.

01/08/98 0 DISRESP.TO OFFICIALS UNION C. I.

05/28/98 0 FIGHTING UNION C. I.

02/22/99 0 POSS OF NEGOTIABL UNION C. I.

02/22/99 0 POSS OF WEAPONS UNION C. I.

08/27/99 0 DISOBEYING ORDER UNION C. I.

07/23/01 60 UNARMED ASSAULT UNION C. I.

________________________________________________________________________

11/02/01 – ew

11/07/01 – approved – ws

02/11/10 – updated – kkr