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.
BUTLER, Harry (B/M)
DC # 233984
DOB: 03/14/61
Sixth Judicial Circuit, Pinellas County, Case #97-4690
Sentencing Judge: The Honorable Frank Quesada
Attorney, Criminal Trial: Richard Watts – Private
Attorney, Direct Appeal: Kevin Briggs – Assistant Public Defender
Attorney, Collateral Appeals: Bill Jennings, Mark Gruber, & David Hendry – CCRC-M
Date of Offense: 03/13/97
Date of Sentence: 01/11/99
Circumstances of Offense:
Harry Butler was convicted and sentenced to death for the 03/13/97 murder of his former girlfriend, Leslie “Bay” Fleming.
The body of Leslie “Bay” Fleming was discovered on the morning of 03/14/97 by her sister, Shawna Fleming. Shawna Fleming went over to her sister’s apartment at approximately 7:15 a.m. and was let in by LaShara Butler, the six-year-old daughter of Leslie Fleming and Harry Butler. Shawna found her sister, Leslie, asphyxiated and stabbed multiple times.
At trial, LaShara Butler testified that, on the night of the murder, she had been sleeping in the bedroom with her mother, when her father, Harry Butler, picked her up and took her to her own room. LaShara further stated that she saw her father pin her mother down and heard her mother scream as though she was being hurt.
Lola Young, a neighbor of Leslie Fleming, testified that she saw Harry Butler hiding in the bushes near Leslie’s apartment in the early morning hours of 03/14/97. She also stated that she saw a blue car speed through the complex, stop and pick up Butler.
Several of Butler’s acquaintances testified that he said he killed or was going to kill Leslie.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
8/24/1988 |
COCAINE-SALE OR PURCHASE |
12/1/1989 |
PINELLAS |
8814507 |
2Y 0M 0D |
|
8/24/1988 |
COCAINE-POSSESS |
12/1/1989 |
PINELLAS |
8814507 |
2Y 0M 0D |
|
11/28/1987 |
CARRYING CONCEALED FIREARM |
12/1/1989 |
PINELLAS |
8714469 |
2Y 0M 0D |
|
12/29/1987 |
COCAINE-POSSESS |
12/1/1989 |
PINELLAS |
8716143 |
2Y 0M 0D |
|
10/2/1990 |
COCAINE-SALE OR PURCHASE |
6/18/1992 |
PINELLAS |
9018103 |
4Y 6M 0D |
|
10/2/1990 |
CONSTRUCTIVE POSSESSION |
6/18/1992 |
PINELLAS |
9018103 |
4Y 6M 0D |
|
1/8/1992 |
COCAINE-SALE OR PURCHASE |
6/18/1992 |
PINELLAS |
9203668 |
4Y 6M 0D |
|
1/8/1992 |
CONSTRUCTIVE POSSESSION |
6/18/1992 |
PINELLAS |
9203668 |
4Y 6M 0D |
|
1/9/1992 |
COCAINE-SALE OR PURCHASE |
6/18/1992 |
PINELLAS |
9203669 |
4Y 6M 0D |
|
1/9/1992 |
CONSTRUCTIVE POSSESSION |
6/18/1992 |
PINELLAS |
9203669 |
4Y 6M 0D |
Prior Community Supervision History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
7/10/1982 |
AGG ASSLT-W/WPN NO INTENT TO K |
11/12/1982 |
PINELLAS |
8205274 |
3Y 6M 0D |
Trial Summary:
04/02/97 The defendant was indicted on the following charges:
Count I: First-Degree Murder
04/03/97 The defendant entered a plea of “not guilty.”
06/26/98 The jury found the defendant guilty of First-Degree Murder as charged in the indictment.
06/27/98 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the imposition of the death penalty.
01/11/99 The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #95,158
842 So. 2d 817
03/24/99 Appeal filed
05/09/02 FSC affirmed the conviction and sentence of death
04/03/03 FSC issued a revised opinion, again affirming the conviction and sentence of death
04/03/03 Rehearing denied in light of revised opinion
04/23/03 Mandate issued
06/19/03 Corrected opinion issued
Circuit Court – 3.851 Motion
CC #97-4690
07/13/04 Motion filed
02/20/05 Motion amended
05/13/10 Motion denied
Florida Supreme
Court – 3.850 Appeal
FSC# 10-1133
(Pending)
06/11/10 Appeal filed
Florida Supreme
Court – Petition for Writ of Habeas Corpus
FSC# 10-2458
(Pending)
12/28/10 Petition filed
Factors Contributing to the Delay in the Imposition of the Sentence:
There have been no unreasonable delays in this case at this time.
Case Information:
On 03/24/99, Butler filed a Direct Appeal in the Florida Supreme Court. In that appeal, Butler argued that the trial court erred in allowing the prosecution to question three witnesses regarding prior domestic violence allegations against him. The Florida Supreme court noted that there was no error in that the evidence was admissible to explain direct testimony and that its probative value outweighed any potential prejudicial effect. In addition, Butler claimed that the trial court erred in allowing the testimony of an “unqualified” DNA expert and in denying his motion for a new trial based on an alleged Brady violation[1] by the State. Butler also alleged error in the consideration and application of aggravating and mitigating circumstances. The Florida Supreme Court affirmed the conviction and sentence of death on 05/09/02. On 04/03/03, the court issued a revised opinion that again affirmed the conviction and sentence of death.
On 07/13/04, Butler filed a 3.851 Motion in the Circuit Court and amended the Motion on 02/20/05. On 05/13/10, the motion was denied.
On 06/11/10, Butler filed a 3.850 Motion Appeal in the Florida Supreme Court, which is pending.
On 12/28/10, Butler filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. That petition is pending.
________________________________________________________________________
09/04/03 – ew
09/05/03 – approved – ws
01/11/11 – updated – jjk
[1] Brady violation – an error that occurs when the State fails to disclose exculpatory evidence to the defense