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.
POOLER, Leroy (B/M)
Fifteenth Judicial Circuit, Palm Beach County Case #95-117CFA02
Sentencing Judge: The Honorable Virginia Gay Broome
Trial Attorney: Michael Salnick – Private
Attorney, Direct Appeal: Michael D. Lededecker – Private
Attorney, Collateral Appeals: John Paul Abatecola & Linda McDermott – Registry
Date of Offense: 01/30/95
Date of Sentence: 02/23/96, 03/29/96
Circumstances of the Offense:
On 01/30/95, Leroy Pooler showed up to the house of his ex-girlfriend, Kim Brown. He knocked on the front door of the apartment. Ms. Brown and her brother, Alvonza Colson, were home at the time. Upon seeing that it was Pooler, Ms. Brown told Pooler that she did not want to see him anymore. There was evidence that supported the hypothesis that Ms. Brown was dating another man. Mr. Colson proceeded to open the door and inquire as to what Pooler wanted. When Mr. Colson saw that Pooler had a gun, he attempted to run through the front door and escape; Pooler shot him in the back and dragged him back into the apartment by his leg. At this time, Ms. Brown began to plead with Pooler not to kill her or her brother. She requested that Mr. Colson get to a hospital, and Pooler agreed to allow him to call an ambulance. He then changed his mind and told Mr. Colson to call an ambulance once he and Ms. Brown left. Ms. Brown followed Pooler to the front door of the apartment, but shut and locked the door after Pooler exited.
Mr. Colson told Brown to run out of the back of the apartment, and he would stay and call an ambulance. It was at this time that Mr. Colson realized that the phone wires had been cut. He started towards the back door as Pooler was breaking through the front door. Pooler found Mr. Colson hiding in an area near the back door, but was distracted by Ms. Brown’s cries for help from behind the apartment. Pooler left Mr. Colson and left the apartment. When he caught up with Ms. Brown, he struck her in the head with the gun. This blow caused the gun to fire. Pooler pulled Ms. Brown toward his car as she begged him not to kill her. Ms. Brown began to fight against Pooler. As Pooler began to pull her back towards the apartment, he shot her several times. At one point he paused to say, “You want some more?” Several witnesses saw the shooting. Ms. Brown was shot five times, one of which was in the head. Pooler drove away in his car.
Two days prior to the incident, Ms. Brown told one of her friends that Pooler had told her that he was going to kill her because, if he could not have her, no one else would.
02/08/95 Indicted as follows:
Count I: First-Degree Murder with a Firearm
Count II: Burglary of a Dwelling While Armed with a Firearm
Count III: Attempted First-Degree Murder with a Firearm
02/17/95 Defendant was arraigned. He stood mute, so the court entered a plea of Not Guilty
01/17/96 Jury returned guilty verdicts on all counts of the indictment
02/08/96 Jury recommended death by a vote of 9-3
02/23/96 Sentenced as follows for Counts II and III:
Count II: Burglary of a Dwelling While Armed with a Firearm – Life
Count III: Attempted First-Degree Murder with a Firearm – Life
03/29/96 Sentenced as follows for Count I:
Count I: First-Degree Murder with a Firearm – Death
704 So. 2d 1375
04/19/96 Appeal filed
11/06/97 FSC affirmed the conviction and sentence
01/23/98 Rehearing denied
02/23/98 Mandate issued
525 U.S. 848
06/04/98 Petition filed
10/05/98 Petition denied
09/17/99 Motion filed
11/01/99 A written order denying the motion was issued
11/09/99 Pooler filed a motion to vacate the order denying the 3.850 Motion
01/13/00 Motion was granted and order was vacated. Pooler was given 60 days to file an Amended 3.850 Motion
03/13/00 Amended Motion filed
11/08/02 Second Amended Motion filed
11/04/05 Order denying amended 3.850 Motion
Florida Supreme Court – 3.850 Appeal
980 So.2d 460
12/01/05 Appeal filed
01/31/08 Appeal denied
02/14/08 Motion for Rehearing filed
04/17/08 Rehearing denied
05/05/08 Mandate issued
United State District Court, South District – Habeas Petition
05/19/08 Petition filed
United States Supreme Court – Petition for Writ of Certiorari
129 S.Ct. 255
07/16/08 Petition filed
10/06/08 Petition denied
The 3.850 Motion was pending in the Circuit Court for over two years.
Pooler filed a Direct Appeal to the Florida Supreme Court on 04/19/96. The main issues in Pooler’s appeal were surrounding the aggravating and mitigating factors of the case. The court found either no error, evidence to support the trial court’s disposition, no abuse of discretion, or the issues to be meritless. Pooler’s conviction and sentence were affirmed on 11/06/97. The rehearing was denied on 01/23/98, and the mandate was issued on 02/23/98.
Pooler filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/04/98. The petition was denied on 10/05/98.
Pooler then filed a 3.850 Motion to the Circuit Court on 09/17/99. A written order denying the motion was issued on 11/01/99. On 11/08/99, Pooler filed a motion to vacate the order denying the 3.850 Motion and, on 01/13/00, the motion was granted and the court gave Pooler 60 days to file an Amended 3.850 Motion. On 03/13/00, Pooler filed an Amended 3.850 Motion. A Second Amended Motion was filed on 11/08/02. On 11/04/05, an order was issued denying the amended 3.850 Motion.
On 12/01/05, Pooler filed a 3.850 Appeal to the Florida Supreme Court, which was denied on 01/31/08. Pooler filed a Motion for Rehearing on 02/14/08, which was denied on 04/17/08. The mandate concerning the opinion rendered on 01/31/08 was entered on 05/05/08.
On 05/19/08, Pooler filed a Habeas Petition in the United States District Court, Southern District. This case is currently pending.
On 07/16/08, Pooler filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 10/06/08.
DATE DAYS VIOLATION LOCATION
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09/22/97 30 FIGHTING FLORIDA STATE PRISON
11/09/98 0 FIGHTING UNION C. I.
03/05/01 30 FIGHTING UNION C. I.
03/25/02 60 UNARMED ASSAULT UNION C. I.
03/25/02 60 UNARMED ASSAULT UNION C. I.
04/01/02 30 DISORDERLY CONDUCT UNION C. I.
10/22/02 0 FIGHTING UNION C. I.
01/23/03 180 UNARMED ASSAULT UNION C. I.
Report Date: 05/02/02 NMP
Approved: 05/10/02 WS
Updated: 01/14/09 AEH