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.
Lindsey, Herman (B/M)
DOB: 12/29/72
17th Judicial Circuit, Broward County Case # 06-04260
Sentencing Judge: The Honorable Bernard Bober
Attorney, Trial: Christopher Pole – Public Defender’s Office
Attorney, Direct Appeal: Jeffrey L. Anderson – Public Defender’s Office
Attorney, Collateral Appeals: N/A
Date of Offense: 04/19/94
Date of Sentence: 06/19/07
Date of Release: 07/28/09
Circumstances of Offense:
On 04/19/94 around 9:30 a.m., the owner of the Big Dollar pawn shop, Gerald Singer, called Joanne Mazollo, an employee of the pawn shop, to make sure she was at the store and doing well. He also called several times an hour later, but no one answered the phone. Singer then went to the pawn shop to check on Mazollo and found her body sitting in a chair in the back room. According to the medical examiner, she died instantly from a gunshot wound to the head. Her death occurred during a robbery of the pawn shop. Singer reported that between five and seven firearms, fifty envelopes of jewelry, and a blue velvet Crown Royal bag filled with jewelry were missing; the cash drawer was empty as well.
Over a decade later, Herman Lindsey was sentenced to death for Mazollo’s murder on 06/19/07. Prior to the sentencing, during October of 1995, Lindsey made a statement to the police claiming he had been in the store before the crime occurred to pawn his Sega under a false name, but said he never took part in the robbery. He also implicated Ronnie LoRay for the murder of Mazollo. LoRay was an acquaintance who he had helped get rid of stolen goods in the past. Lindsey said LoRay came over to his house on the day of the robbery to tell him about it, and LoRay said he heard a shot, but did not know if the woman had died. According to Lindsey, LoRay had gold jewelry in his pockets, a few hundred dollars, and a gun.
At the trial, Lindsey’s ex-wife, Demeatres Gause (also known as “Nikki”), said Lindsey was not in the apartment, where they stayed on occasion, between 10:30 a.m. and 11:00 a.m.; however, she mentioned that he might have been downstairs. Both Lindsey and LoRay were in the apartment before noon. During the twelve o’clock news report, Lindsey asked Nikki to turn up the volume on the television, so he could hear the report about the Big Dollar pawn shop robbery. Nikki found a Crown Royal Bag filled with jewelry in a closet in the apartment sometime later. Lindsey sold it and never mentioned how he acquired it. Also, a close friend of Nikki’s, Alfonzer Harrold, testified that LoRay was wearing a new bracelet the day after the robbery occurred. Evidence showed that LoRay’s fingerprint was found on a stun gun box that was located in the back room of the pawn shop next to the safe. Lindsey’s thumbprint was found on a pawnshop receipt that was signed by David Ashley—the name Lindsey used to pawn his Sega.
Codefendant Information:
LoRay was convicted of second-degree murder for Mazollo’s death.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
07/30/88 |
Robb. Gun/Deadly Weapon |
04/14/89 |
Broward |
8817947 |
2 Years, 6 Months |
|
12/23/89 |
Grand Theft Motor Vehicle |
07/13/90 |
Broward |
9009608 |
3 Years |
|
04/21/90 |
Grand Theft Motor Vehicle |
07/13/90 |
Broward |
9010541 |
3 Years |
|
04/21/90 |
Burglary Tools – Possess |
07/13/90 |
Broward |
9010541 |
3 Years |
|
04/27/90 |
Burg/Dwell/Occup.Convey |
11/08/90 |
Palm Beach |
9009565 |
1 Year, 6 Months |
|
04/27/90 |
Grand Theft, $300 Less & $20,000 |
11/08/90 |
Palm Beach |
9009565 |
1 Year, 6 Months |
|
03/27/92 |
Trafficking in Cocaine |
03/01/95 |
Broward |
9206510 |
7 Years |
|
03/27/92 |
Cocaine – Sale or Purchase |
03/01/95 |
Broward |
9206510 |
7 Years |
|
11/26/93 |
Traffic in Stolen Property |
03/01/95 |
Broward |
9321430 |
7 Years |
|
11/27/93 |
Traffic in Stolen Property |
03/01/95 |
Broward |
9321430 |
7 Years |
|
10/21/94 |
Cocaine - Possession |
03/01/95 |
Broward |
9418117 |
2 Years, 6 Months |
|
10/21/94 |
Resisting Officer w/ Violence |
03/01/95 |
Broward |
9418117 |
2 Years, 6 Months |
|
02/24/98 |
Escape |
11/18/95 |
Broward |
9804079 |
7 Years, 6 Months |
Community Supervision History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
03/27/92 |
Trafficking in Cocaine |
03/01/95 |
Broward |
9206510 |
2 Years |
|
03/27/92 |
Cocaine – Sale or Purchase |
03/01/95 |
Broward |
9206510 |
2 Years |
|
11/26/93 |
Traffic in Stolen Property |
03/01/95 |
Broward |
9321430 |
2 Years |
|
11/27/93 |
Traffic in Stolen Property |
03/01/95 |
Broward |
9321430 |
2 Years |
|
10/21/94 |
Cocaine Possession |
03/01/95 |
Broward |
9418117 |
2 Years |
|
10/21/94 |
Resisting Officer w/ Violence |
03/01/95 |
Broward |
9418117 |
2 Years |
Trial Summary:
03/08/06 Indicted as follows:
Count I: First-Degree Murder (Joanne Mazollo)
Count II: Soliciting to Commit Armed Robbery
10/05/06 Jury returned guilty verdicts on Count I; Count II was disposed nolle prosequi
10/05/06 Jury recommended death by a vote of 8-4
06/19/07 Sentenced as follows:
Count I: First-Degree Murder (Joanne Mazollo) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 07-1167
06/25/07 Direct Appeal filed
05/05/09 Oral Arguments held
07/09/09 FSC reversed the conviction and sentence and directed that an acquittal be entered
07/27/09 Mandate issued
Case Information:
Lindsey filed a Direct Appeal to the Florida Supreme Court on 06/25/07. He raised the following 18 issues on appeal: (1) the trial court erred in admitting irrelevant testimony; (2) the trial court erred in denying Lindsey’s motion for judgment of acquittal; (3) the trial court erred in allowing a witness to testify that the victim knew Lindsey; (4) the trial court erred in allowing the State to redact a portion of Lindsey’s statements; (5) the trial court erred in admitting evidence that Lindsey had been in jail; (6) the trial court erred in denying Lindsey’s motion to dismiss the indictment; (7) the trial court erred in admitting an autopsy photo into evidence; (8) trial court erred in sending unrequested evidence to the jury; (9) the trial court erred in denying Lindsey’s request for a new trial; (10) the trial court erred in finding the avoid-arrest aggravator; (11) the trial court erred in denying Lindsey’s request for a special jury instruction; (12) the trial court erred in instructing the jury on the avoid-arrest aggravator; (13) the death sentence is not proportionate to the crime; (14) the trial court erred in allowing the prosecution to question Lindsey about guilt phase issues during the penalty phase; (15) the trial court erred in allowing the prosecution to impeach Curtis Fox; (16) the trial court erred in giving great weight to the jury’s recommendation of the death sentence; (17) Florida’s death penalty law is unconstitutional, and (18) Florida’s felony-murder aggravator is unconstitutional. On 07/09/09, the Florida Supreme Court reversed the conviction and sentence and directed that an acquittal be entered. A mandate was issued on 07/27/09.
Prosecution Statements:
David Frankel, who is from the State Attorney’s Office and was the prosecuting attorney on the Herman Lindsey case, made the following comments:
The opinion of the Fla. Supreme Court not-with-standing I doubt anyone connected with this case would argue loudly for Mr. Lindsey's actual innocence and deny that he got away with murder. The evidence while compelling was indeed circumstantial. This seems to frighten appellate courts in general and in this instance, the Fla. Supreme Court in particular.
As it pertains to actual "innocence" I am certain that neither defense attorney, Christopher Pole or Thomas Cazel will suggest that the prosecution of the case was: "In bad faith," a "rush to judgment," based on an incomplete investigation, myopic, or anything else of similar nature. Simply put Mr. Lindsey's "exoneration" by the state's high court was based on two clear weaknesses in our system of justice. The first is that this system neither trusts in, nor is greatly concerned whether someone actually committed the crime, but only whether it can be proven. And I mean that to include all sides, the defense, the court, and on rare and deviant occasions the prosecution. Ironically, of the three interests it is the prosecution who bears the greatest responsibility to consider the actual innocence of the accused.
The second is the false belief that any appellate court can recreate the issues presented at a trial from a printed record. Appellate review should be the hallmark of restraint. Whether it’s our egoic nature, or need to fill any space we can with our opinions, the Florida Supreme Court opinion in State of Florida v. Herman Lindsey said nothing about the brutal murder of Joanne Mozzola.
Defense Statement:
In a conversation with Christopher Pole, Lindsey’s trial attorney, he expressed the following comments:
Initially, he did not understand why the prosecutors would go forward with the case. He had always felt that there was insufficient evidence to convict Lindsey. He was shocked when the jury did not acquit Lindsey, and the judge affirmed the death sentence.
Current Status:
On 07/28/09, Lindsey was released from Florida State Prison.
________________________________________________________________________
Report Date: 04/05/10 EMJ
Approved: 04/05/10 RM
Updated: 04/06/10 EMJ