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.
PEREZ, Daniel Ely (H/M)
DOB: 11/25/77
Nineteenth Judicial Circuit, St. Lucie County Case #01-3058
Sentencing Judge: The Honorable Burton Conner
Attorney, Trial: Mark Harllee – Chief Assistant Public Defender
Attorney, Direct Appeal: Gary Lee Caldwell – Assistant Public Defender
Date of Offense: 08/28/01
Date of Sentence: 07/21/03
Date of Resentence: 07/22/06
Circumstances of Offense:
On 05/08/03, Daniel Ely Perez was convicted of the first-degree felony murder of his wife’s aunt, Susan Martin – a single, 52-year-old, who was hearing impaired.
On 08/29/01, a police officer of the Port St. Lucie Police Department was responding to a 911 call requesting that a welfare check be conducted at Susan Martin’s residence. The officer arrived at Martin’s residence at around 1:45 p.m. After several unsuccessful attempts to make contact with the occupant (by ringing the doorbell and knocking), the officer opened the front door, which was unlocked. The officer found Martin lying on her back with several stab wounds, head trauma, and blood all over the floor. The officer immediately closed the door and notified police headquarters. A police detective, who previously investigated a theft that was reported by Martin (which she reported Perez to the police for stealing her ring and other jewelry), was called to the crime scene to identify the victim.
The interior of the house appeared to have been ransacked because drawers were opened with content dumped out and strewn about. Martin’s body was found lying approximately seven feet away from the front door, and several shoeprints were discovered in the pool of blood near Martin’s body and toward the bathroom area.
On 08/29/01, Perez was summoned by the lead detective of the case for an interview, which Perez voluntarily accepted. The investigator discovered that Perez had sold several items that Martin had reported missing from the theft incident to the local pawn shop. When asked about the accusations of jewelry theft from Martin’s residence, Perez denied any involvement; however, over the course of the interview, Perez changed his story several times. The police arrested Perez for the prior jewelry theft.
After further questioning with regard to Martin’s stabbing, Perez revealed to the investigator a plan that he had with Gary Reed and Calvin Green to steal Martin’s car (a Chevrolet Tahoe) in which he supplied both men with directions to the residence. During the interview, Perez frequently revised his story. In his final version of the stabbing incident, only one car was driven to the scene and that Reed was never actually present at the residence. In addition, Perez admitted that he witnessed Green stabbing Martin and heard her gargling on blood. Perez followed Green out the front door, as Green was grabbing things and placing them into a bag. They were wearing socks on their hands, prior to entering the house.
On 09/06/01, Perez accompanied and directed the police to show them where he and Green disposed of the various contents of the stabbing incident. The police were able to recover several items: (1) a bag that was removed from Martin’s residence, (2) the key to Martin’s car, (3) a watch belonging to Martin, (4) a “doo-rag”, and (5) a pen allegedly belonging to Martin. Perez, further, attempted to direct the police to the murder weapon and area where he dumped his bloody clothes and bloody shoes – neither items were recovered.
During trial, the medical examiner revealed that Martin suffered a blunt force injury to the left side of the head resulting in bruising and laceration. The bruising underlying the laceration indicated that Martin was alive when she was struck. Overall, Martin suffered 94 stab wounds, which averaged one-half inch in length, indicating that one weapon was used in the stabbing. The medical examiner also pointed out that there were several indications that Martin was alive at the time these wounds were inflicted. Furthermore, red marks on Martin’s neck indicated that something had been pulled against her neck, such as a thin lace. The medical examiner testified that the wounds to Martin’s neck were determined to have been a character to be lethal, as were several to the right side torso, where the weapon entered her liver.
Codefendant Information:
Calvin Cedric Green (DC# 125237)
On 07/22/03, Green pleaded no contest to manslaughter (CC# 01-3058) and was sentenced to 15 years for his involvement in the armed robbery, armed burglary, and murder of Martin.
Gary Reed
Reed was neither tried nor convicted for his involvement in the armed robbery, armed burglary, and murder of Martin.
Prior Incarceration History in the State of Florida:
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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 |
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08/03/1995 |
2ND DEG.MURD, DANGEROUS ACT (ATTEMPTED) |
06/19/1996 |
MARTIN |
9500853 |
4Y 0M 0D |
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Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983) |
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Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
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|
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08/03/1995 |
2ND DEG.MURD, DANGEROUS ACT (ATTEMPTED) |
06/19/1996 |
MARTIN |
9500853 |
2Y 0M 0D |
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Trial Summary:
08/29/01 Indicted as follows:
Count I: First-Degree Felony Murder
Count II: Armed Burglary with a Deadly Weapon
Count III: Armed Robbery with a Deadly Weapon
05/08/03 Jury returned guilty verdicts on all counts of the indictment.
05/13/03 Jury recommended death by a vote of 9-3.
07/21/03 Sentenced as follows:
Count I: First-Degree Felony Murder – Death
Count II: Armed Burglary with a Deadly Weapon – Life
Count III: Armed Robbery with a Deadly Weapon – Life
07/22/06 Judge Burton Conner imposed a life sentence without the possibility of parole, which will run consecutive to two life sentences Perez is already serving for armed burglary and robbery with a deadly weapon.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 03-1651
919 So.2d 347
09/11/03 Appeal filed.
10/27/05 FSC affirmed conviction, vacated the death sentence, and remanded for resentencing.
01/05/06 Rehearing denied.
01/23/06 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 05-10186
03/31/06 Petition filed.
06/05/06 Petition denied.
Case Information:
On 09/11/03, Perez filed a Direct Appeal to the Florida Supreme Court. He raised seven main issues. First, Perez claimed a juror failed to disclose her relationship with a State witness during voir dire when the State read its witness list to the jury pool. Second, he claimed the trial court erred by not excluding statements from evidence, which were illegally obtained by the police (he was coerced and forced or under duress at the times of the statements and that he made the statements without knowing about the voluntary waiver of his rights and without the benefit of counsel). Third, Perez asserted that there was insufficient evidence presented at trial to establish that he either killed Martin or was a major participant in the felonies committed and acted with a reckless disregard for human life. Fourth, he claimed the trial court abused its discretion when it assigned little weight to the statutory mitigating circumstance that the murder was committed while Perez was under the influence of extreme mental or emotional disturbance. Fifth, Perez contended the trial court abused its discretion when it failed to acknowledge mitigating circumstances of his bad upbringing and sexual abuse, as well as a combination of antisocial personality and borderline personality features. Sixth, Perez asserted the trial court erred when it refused to allow the defense to present evidence that Martin and his entire family opposed the death penalty. Finally, Perez claimed the Florida capital sentencing scheme violates his Sixth Amendment right and his right to due process under the holding of Ring v. Arizona. On 10/27/05, the Florida Supreme Court affirmed Perez’s convictions but vacated the death sentence because it was not proved beyond a reasonable doubt that the penalty phase jury’s improper consideration of the heinous, atrocious, or cruel (HAC) aggravator did not contribute to the recommended death sentence. The Court concluded that HAC was erroneously applied to Perez. As a result, the Court remanded the case back to the Circuit Court for resentencing. On 01/05/06, the rehearing was denied. The mandate was issued on 01/23/06.
On 03/31/06, Perez filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 06/05/06.
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Report Date: 10/27/05 NRC
Updated: 12/05/07 AEH