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.
MURRAY, Gerald Delane (W/M)
DC# 291140
DOB: 02/05/69
Fourth Judicial Circuit, Duval County Case# 92-3708
Sentencing Judge: The Honorable Alban E. Brooke
Judge, Retrial (I): The Honorable William Wilkes, L. Haldane Taylor
Judge, Retrial (II): The Honorable Hudson Olliss
Attorneys, Trial: Roberto Arias & Stephen Weinbaum – Court-appointed
Attorneys, Direct Appeal: Fletcher N. Baldwin, Richard W. Smith & William J. Sheppard – Assistant Public Defenders
Attorney, Direct Appeal (Retrial I): Tom Fallis – Court-appointed
Attorney, Direct Appeal (Retrial II): Pro Se & Richard Kuritz – Private
Attorney, Collateral Appeals: Richard Sichta – Registry
Date of Offense: 09/15/90
Date of Sentence: 04/15/94
Date of Resentence: 03/19/99
Date of Resentence: 06/26/03
Circumstances of the Offense:
On 03/09/94, Gerald Delane Murray was convicted of first-degree murder, burglary with an assault, and sexual battery with great force. Murray was sentenced to death for the murder and life for the other two offenses.
At around midnight on 09/15/90, Murray and his friend, Steven Richard Taylor, were dropped off at a mobile home neighborhood by a friend (James “Bubba” Fisher) where the victim, 59-year-old Alice Vest, lived. A Ford Ranchero was reported stolen from a residence near the place where Murray and Taylor had been dropped off. At around 4:30 a.m., a passing motorist noticed the vehicle parked in a driveway next door to the mobile home where Vest lived. Later that day, the Ford Ranchero was found abandoned behind a used car dealership, located only a few blocks away from where Taylor lived at the time.
That same morning of 09/15/90, residents of the mobile home neighborhood where Vest lived discovered Vest’s badly beaten body in the bedroom of her mobile home. According to the testimony of the medical examiner, Vest had been vaginally and anally raped, strangled, and stabbed approximately 20 times. The medical examiner testified that most of the stab wounds were made with a knife, and the remaining stab wounds were made with a pair of scissors, both of which were found at the scene of the crime. The initial cause of death was ligature strangulation. Vest was alive while she was being stabbed, and she was strangled with an electrical cord after the stabbings. The examiner pointed out multiple fractures found on Vest’s lower jaw, indicating that she received several blows to the head, which were done with a bottle, metal bar, and candlestick. These items were also found at the scene of the crime. Finally, the medical examiner testified that Vest’s breasts were bruised, as a result of “impacting, sucking, or squeezing” while she was alive. In the medical examiner’s opinion, Vest was alive for approximately ten minutes from the first stabbing to the strangulation. The medical examiner was unsure whether Vest was conscious during all or any part of the attack. According to other trial testimony, the phone line to Vest’s mobile home had been cut, the mobile home had been burglarized, and various pieces of jewelry were missing.
During trial, the State admitted hair evidence recovered from Vest’s mobile home. Hair evidence was also sent to an FBI lab in Washington, D.C., for comparison with known hair samples from three persons: Murray, Taylor, and Vest. The hair expert from the FBI concluded that the hairs found on Vest’s nightgown and body were pubic hairs that had the same microscopic characteristics of Murray’s hairs. Taylor was excluded as a possible source of the hairs.
Additional evidence at the trial revealed that, approximately six months after his indictment for Vest (11/22/92), Murray escaped from Duval County Jail and was accompanied by a fellow inmate, Anthony Smith. Smith testified for the State that Murray confessed to the rape, robbery, and murder of Vest. On 06/09/93, approximately seven months after his escape, Murray was captured in Las Vegas, Nevada. At the time of his arrest, he was carrying two false identification cards.
Codefendant Information:
Steven Richard Taylor (DC# 288500)
Taylor was convicted and sentenced to death for first-degree murder, 15 years for burglary of a dwelling, and 27 years for sexual battery. Taylor was tried separately for his offenses (CC# 91-2456).
Prior Incarceration History in the State of Florida:
|
Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983) |
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|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
|
|
03/11/1988 |
BURGUNOCCSTRUC/CV OR ATT. |
12/12/1988 |
DUVAL |
8803131 |
1Y 10M 0D |
|
|
|
05/25/1988 |
KIDNAP, ASSAULT OR TERRORIZE |
12/12/1988 |
DUVAL |
8806827 |
1Y 10M 0D |
|
|
|
10/23/1990 |
AGG BATTERY/ W/DEADLY WEAPON |
01/25/1991 |
DUVAL |
9013261 |
1Y 3M 0D |
|
|
|
11/22/1992 |
ESCAPE |
04/15/1994 |
DUVAL |
9310220 |
5Y 0M 0D |
|
|
|
Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983) |
|||||||
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
|
|
03/12/1988 |
BURGUNOCCSTRUC/CV OR ATT. |
03/22/1988 |
DUVAL |
8803131 |
1Y 0M 0D |
|
|
|
05/26/1988 |
OBSOLETE DATA-BEFORE EST.CODES |
03/06/1989 |
DUVAL |
8806827 |
1Y 0M 0D |
|
|
|
10/23/1990 |
AGG BATTERY/ W/DEADLY WEAPON |
01/25/1991 |
DUVAL |
9013261 |
0Y 5M 26D |
|
|
Trial Summary:
02/24/94 Indicted as follows:
Count I: First-Degree Murder
Count II: Burglary with Assault
Count III: Sexual Battery with Great Force
03/09/94 Jury returned guilty verdicts on all counts of the indictment
03/28/94 Jury recommended death by a vote of 11-1
04/15/94 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Burglary with Assault – Life
Count III: Sexual Battery with Great Force – Life
03/06/98 Jury unable to reach a verdict
10/12/98 Judge L. Haldane Taylor presiding
02/03/99 New jury impaneled and sworn
02/12/99 Jury returned guilty verdicts on all counts and recommended death by a vote of 12-0
03/19/99 Resentenced to death
05/22/03 New jury impaneled and sworn
06/19/03 Jury returned guilty verdicts on all counts
06/26/03 Resentenced to death by a vote of 12-0
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 83,556
692 So. 2d 157
04/20/94 Appeal filed
04/17/97 FSC reversed convictions and remanded for retrial
05/19/97 Mandate issued
Florida Supreme Court – Direct Appeal (Retrial I)
FSC# 95,470
838 So. 2d 1073
04/29/99 Appeal filed
10/03/02 FSC reversed convictions, vacated sentences and death sentence, and remanded for a new trial
10/17/02 Motion for rehearing filed
02/13/03 Rehearing denied
03/17/03 Mandate issued
Florida Supreme Court – Direct Appeal (Retrial II)
FSC# 03-1241
3 So.3d 1108
07/14/03 Appeal filed
11/04/08 Oral Arguments held
01/30/09 Disposition affirmed
02/16/09 Motion for Rehearing filed
02/26/09 Rehearing denied
03/16/09 Mandate issued
Florida Supreme Court – 3.851 Petition (Non-final)
FSC# 09-925
06/01/09 Petition seeking review of non-final order filed
09/29/09 Petition denied
United States Supreme Court – Petition for Writ of Certiorari
USSC # 09-5012
130 S.Ct. 396
06/26/09 Petition filed
10/13/09 Petition denied
State Circuit Court – 3.851 Motion
CC# 92-3708
(Pending)
10/11/10 Motion filed
Factors Contributing to the Delay in Imposition of Sentence:
It took over three years for Murray’s Direct Appeal to be decided by the Florida Supreme Court. Furthermore, Murray’s retrial with the Court took approximately four years to decide on another retrial, given that the Court had reversed his convictions, vacated his sentences and death sentence, and remanded for a new trial twice.
During his direct appeal, Murray withdrew counsel representation from various attorneys and was appointed replacement attorneys by the Circuit Court. Murray’s retrials also had different presiding judges.
Case Information:
Murray filed a Direct Appeal to the Florida Supreme Court on 04/20/94. He raised numerous issues. First, Murray claimed the trial court abused its discretion in ten ways: by permitting the state to peremptorily challenge three jurors; in denying Murray’s motion to suppress hair evidence seized pursuant to an allegedly defective search warrant; in allowing the state’s expert to testify about the results of DNA typing because the state’s method of DNA typing and probability calculations do not meet the Frye test for admissibility; by admitting hair evidence recovered from the victim’s body and from the victim’s nightgown because the evidence had been tampered with; in denying Murray’s motions for continuance at trial and penalty phase; in admitting evidence of Murray’s pre-trial escape, theft of automobiles, and possession of false identification; in excluding the testimony of three defense witnesses concerning Murray’s true motive for escape; in overruling Murray’s objection to the standard heinous, atrocious, or cruel instruction and denying Murray’s requested instruction on that aggravator; in rejecting Murray’s statutory and nonstatutory mitigating factors; and, in admitting hearsay evidence concerning Murray’s prior violent felonies at the penalty phase.
Second, the prosecutor’s comments during the guilt phase closing argument deprived Murray of a fair trial. Third, the evidence at trial was insufficient to support Murray’s convictions. Fourth, the trial court erred in finding the especially heinous, atrocious, or cruel aggravating factor. Fifth, the trial court improperly doubled the felony murder and pecuniary gain aggravating factors. Sixth, the trial court erred in finding that the murder was committed for pecuniary gain. Seventh, the prosecutor’s comments during the penalty phase closing argument deprived Murray of a fair trial. Eighth, section 921.141 (7), Florida Statutes (1995), which allows presentation of victim evidence in a capital sentencing proceeding is unconstitutional. Ninth, the trial court’s use of Murray’s contemporaneous convictions for burglary and sexual battery to support the felony murder aggravating factor violated Murray’s right against double jeopardy. Tenth, the trial court improperly instructed the jury regarding its role in the sentencing process. Eleventh, the record does not support the death penalty. Twelfth, Florida’s death penalty statute is unconstitutional because electrocution constitutes cruel and unusual punishment. Thirteenth, Murray’s death sentence is disproportionate. Finally, the trial court erred in enhancing Murray’s sentence for burglary and imposing it to run consecutively to his death sentence. On 04/17/97, the Court reversed Murray’s convictions and remanded for retrial. The Court questioned the admissibility of DNA evidence used against him because no semen or fingerprints were found at the scene to connect Murray to the crime; Murray’s case relied heavily on extensive DNA evidence.
On 03/19/99, Murray was resentenced to death in the Circuit Court. On 04/29/99, Murray filed a Direct Appeal (Retrial I) to the Florida Supreme Court, citing the following issues: (1) the trial court did not properly admit the hair evidence related to slide Q42; (2) the trial court did not properly admit the hair evidence related to slide Q20; (3) the trial court did not properly exclude evidence of a phone call during the trial between the state expert and the defense; (4) the trial court did not properly conclude that the DNA evidence meets the Frye Standard; (5) the trial court did not properly admit collateral crime evidence; (6) the trial court did not properly deny the motion to exclude the DNA evidence where the hair was consumed by the test; (7) the trial court did not properly deny the motion for judgment of acquittal based on failure to prove a prima facie case of first degree murder, burglary with an assault, and sexual battery; (8) the trial court abused its discretion by denying appellant’s discovery request; (9) the trial court did not properly admit appellant’s confession regarding how his hair came to be found in the victim’s house. On 10/03/02, the Court reversed Murray’s convictions, vacated sentences and death sentence, and remanded for a new trial because the testing of DNA evidence in his case did not meet scientific standards.
On 06/26/03, Murray was resentenced to death in the Circuit Court. On 07/14/03, Murray filed a Direct Appeal (Retrial II) in the Florida Supreme Court, citing the following issues: (1) the trial court was unreasonable in permitting the admission of slide Q-42 into evidence; (2) the trial court was unreasonable in permitting the admission of slide Q-20 into evidence; (3) the trial court erred in its ruling concerning the testimony of FBI expert Dr. Dizinno; (4) the trial court erred in denying Murray’s motion to dismiss the indictment; (5) the trial court erred by denying Murray’s motions to interview all grand jurors and depose the prosecutor and Detective O’Steen as witness to the grand jury proceedings; (6) there was insufficient evidence to convict Murray of the offenses charged in the indictment; (7) the appellant demonstrated that the trial court’s finding that the prosecutor provided a race-neutral reason for peremptorily challenging an African-American juror was erroneous; (8) the trial court erred in not declaring a mistrial due to alleged juror misconduct; (9) the trial court reversibly erred when it instructed the jury on an “abiding conviction of guilt”; (10) the trial court erred by allowing the prior trial testimony of the medical examiner and Juanita White to be read to the jury; and (11) the death sentence in this case is not proportional. On 11/04/08, Oral Arguments were held. On 01/30/09, the Florida Supreme Court affirmed the sentence of death. On 02/16/09, Murray filed a Motion for Rehearing, which was denied on 02/26/09. On 03/16/09, the Florida Supreme Court issued a mandate that proceedings be had in accordance with their opinion rendered on 01/30/09.
On 06/01/09, Murray filed a petition seeking review of a non-final order in a death penalty proceeding in the Florida Supreme Court. The petition was denied on 09/29/09.
Murray filed a Petition for Writ of Certiorari in the United States Supreme Court on 06/26/09. This petition was denied on 12/08/09.
On 10/11/10, Murray filed a 3.851 Motion in the Circuit Court. This motion is currently pending.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
03/22/05 |
180 |
MANUFACTURE OF DRUGS |
FLORIDA STATE PRISON |
|
03/22/05 |
30 |
POSS OF CONTRABAND |
FLORIDA STATE PRISON |
______________________________________________________________________
Report Date: 12/03/04 NRC
Approved: 12/07/04 JFL
Updated: 10/18/10 EMJ