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.

 

TROTTER, Melvin (B/M)

DC#    573461

DOB: 12/29/60

 

­­­Twelfth Judicial Circuit, Manatee County, Case #86-1225

Sentencing Judge: The Honorable Alan R. Dakan

Resentencing Judge:  The Honorable Eugene L. Eastmoore

Attorney, Trial: Jim Slater – Assistant Public Defender

Attorney, Direct Appeal (1st and 2nd): Douglas S. Connor – Assistant Public Defender

Attorneys, Collateral Appeals:  Peter Cannon & Carol Rodriguez – CCRC-M

 

Date of Offense: 06/16/86

Date of Sentence: 05/18/87

Date of Resentence: 07/23/93

 

Circumstances of Offense:

 

On 06/16/86, Melvin Trotter strangled and stabbed grocery store owner, Virgie Langford six times in the right side and once in the left, which disemboweled her. 

 

Elenora Oates testified that she saw Trotter running from the direction of the Langford’s store on 06/16/86.  Trotter asked Oates if she knew where to buy crack-cocaine.  Oates went with Trotter to buy crack-cocaine and later accompanied Trotter to his mother’s home.  Oates and Trotter spent the afternoon smoking crack-cocaine and watching television.  During that afternoon, Oates helped Trotter count money and food stamps, which he had tied in a red bandanna.  Trotter told Oates that he received the money and food stamps for doing a job. 

 

A truck driver found Langford after the attack, and she was still alive.  Langford was able to answer questions and described her attacker as a short black man wearing a Tropicana employee badge.  She was transported to the hospital and underwent an operation; however, Langford died later that night from cardiac arrest, which resulted from Langford’s injuries. 

 

The descriptions given by both the victim and witness matched that of Trotter.  Specifically, the employee identification tag led police to inquire about an employee named “Melvin” at Tropicana.  Furthermore, Trotter’s handprint was found on the meat cooler.  The police later retrieved a t-shirt from Trotter’s residence with a bloodstain on it matching the victim’s blood type.

 

Additional Information:

 

Trotter is a child that is the result of rape.  He grew up fatherless and suffered from emotional deprivation and physical abuse from his alcoholic mother.  He was placed into foster care when he was nine years old.  While in foster care, his foster father was placed in jail for aggravated battery and he was raised solely by his foster mother.  Trotter claims that his foster care was abusive and unhealthy. The only close familial relationship Trotter ever had was with his sister.  While Trotter was in his late teens his sister was violently killed by gunshot.      

 

Trotter was interviewed by a clinical psychiatrist after being arrested.  The psychiatrist concluded that Trotter had an I.Q. in the range of 72.  He reported that Trotter is a slow learner, has impaired common sense, and is unable to plan or think ahead and is also unable to consider the consequences of his behavior.  The psychiatrist described Trotter as someone who would not become violent unless he was in a situation which he perceived to be violent.  He also noted that Trotter’s sense of reality could be distorted and his inhibition reduced due to his cocaine use.

 

 

Prison Sentence History:

Offense Date

Offense

Sentence Date

County

Case No.

Sentence Length

06/20/79

Burglary in Other State

09/21/79

Manatee

 

6 Months

01/13/85

Burglary of Occupied Dwelling

06/11/87

Manatee

8500463

2.5 Years

01/13/85

Robbery w/ Deadly Weapon

06/11/87

Manatee

8500463

2.5 Years

06/16/86

Robbery w/ Deadly Weapon

09/30/87

Manatee

8601240

12 Years

 

 

Manatee County Circuit Court #85-0463

 

On 01/13/85, Melvin Trotter and an accomplice kicked in the front door of E. Little’s residence.  Trotter held Little down while his accomplice ransacked the room looking for money.  Trotter was convicted of Burglary and Robbery and sentenced to two and one-half year sentences on 06/11/87.

 

Manatee County Circuit Court #86-1240

 

In addition to the murder of Virgie Langford on 06/16/86, Trotter removed $100 and more than $30 in food stamps from the register in Langford’s store.  Trotter was sentenced to twelve years for Robbery with a Weapon.

 

Trial Summary:

 

06/20/86          Trotter was indicted on the following counts:

                                    Count I:           First-Degree Murder (Virgie Langford)

04/07/87          Trotter was found guilty for Count I of the indictment.

04/09/87          Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the

death penalty.

05/18/87          Trotter was sentenced as follows:

                                    Count I:           First-Degree Murder (Virgie Langford) – Death

12/20/90          FSC affirmed the conviction but reversed the sentence and remanded for

resentencing.

04/21/93          While on remand from the Florida Supreme Court for resentencing, the

jury voted, by an 11 to 1 majority, for the death penalty.

05/23/93          Trotter was sentenced as follows:

                                    Count I:           First-Degree Murder (Virgie Langford) – Death

 

Appeals Summary:

 

Florida Supreme Court – Direct Appeal (I)

FSC #70,714

576 So. 2d 691

 

06/18/87          Appeal filed.

12/20/90          FSC affirmed the conviction but reversed the sentence and remanded for

resentencing.

04/04/91          Rehearing denied.

05/06/91          Mandate issued.

 

Florida Supreme Court – Direct Appeal (II)

FSC #82,142

690 So. 2d 1234

 

07/28/93          Appeal filed.

12/19/96          FSC affirmed the sentence.

04/04/97          Rehearing denied.

05/05/97          Mandate issued.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #97-5118

522 U.S. 876

 

07/02/97          Petition filed.

10/06/97          USSC denied the petition.

 

Circuit Court – 3.850 Motion

CC #86-1225

 

06/08/98                      Motion filed.

04/29/02-05/03/02       Evidentiary hearing held.

06/27/02                      Evidentiary hearing held.

03/20/03                      Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #03-735

932 So.2d 1045

 

04/24/03          Appeal filed.

05/25/06          The FSC affirmed the denial of Trotter’s 3.850 Motion.

06/15/06          Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #03-1976

932 So.2d 1045

 

11/10/03          Petition filed.

05/25/06          Petition denied.

06/15/06          Mandate issued.

 

Circuit Court – 3.202 Motion

CC# 86-1225-F

 

11/26/04          Motion filed.

07/08/05          Motion denied.

 

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 06-1872

 

10/11/06          Petition filed.

10/25/06          Petition amended.

11/06/07          Petition denied.

 

Circuit Court – 3.851 Motion

CC# 86-1225-F

 

10/15/07          Motion filed.

12/26/07          Motion amended.

06/18/08          Motion denied.

 

United States Court of Appeals, 11th – Habeas Appeal

USCA# 07-15755P

535 F.3d 1286

 

01/17/08          Appeal filed.

07/25/08          Denial affirmed.

10/01/08          Mandate entered.

 

Florida Supreme Court – 3.851 Appeal

FSC# 08-1254

10 So.3d 633

 

07/02/08          Appeal filed.

04/30/09          Denial affirmed.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 08-6797

129 S.Ct. 767

 

10/13/08          Petition filed.

12/15/08          Petition denied.

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The first Direct Appeal was pending for over three years prior to a decision being rendered.  On the first Direct Appeal, the Florida Supreme remanded the case for resentencing.  The second Direct Appeal was pending for more than three years prior to a decision being rendered.  The first 3.850 Motion was pending from 06/08/98 – 03/20/03.

 

Case Information:

 

Trotter filed his first Direct Appeal in the Florida Supreme Court on 06/18/87.  The issues addressed included that the trial court erred in mishandling juror selection, that the trial court did not investigate extraneous influences on the jury, that the trial court did not dismiss the prosecutor who had previously defended Trotter in a criminal matter, that the trial court mishandled mitigating factors, and that the trial court found the murder to be heinous, atrocious, or cruel.  The Florida Supreme  Court did not find errors that warranted reversing the conviction; however, the Florida Supreme Court found that the trial court erred in handling the aggravating factors and reversed the sentence of death and remanded for resentencing on 12/20/90.  Rehearing was denied on 04/04/91.  A mandate was issued on 05/06/91.

 

The trial court held a resentencing hearing, and the jury voted for death by a 11 to 1 majority on 04/21/93.  Trotter was sentenced to death on 07/23/93.

 

Trotter filed his second Direct Appeal in the Florida Supreme Court on 07/28/93.  The issues addressed included that the trial court mishandled aggravating factors.  The Florida Supreme Court did not find errors that warranted reversing the sentence and affirmed the sentence on 12/19/96.  Rehearing was denied on 04/04/97.  A mandate was issued on 05/05/97.

 

Trotter filed a Petition for Writ of Certiorari in the United States Supreme Court on 07/02/97.  The petition was denied on 10/06/97.

 

On 06/08/98, Trotter filed a 3.850 Motion in the Circuit Court.  Evidentiary hearings were held from 04/29/02 to 05/03/02 and 06/27/02.  The motion was denied on 03/20/03.

 

Trotter filed a 3.850 Appeal in the Florida Supreme Court on 04/24/03.  Trotter raised issues stating he is mentally retarded and the death sentence is disproportionate.  Trotter also argued ineffective assistance of counsel.  The Florida Supreme Court affirmed the denial of Trotter’s 3.850 Motion on 05/25/06.

 

Trotter filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 11/10/03.  Trotter first claimed that the death sentence is unconstitutional.  Second, he claimed he may be incompetent at the time of execution.  The court denied both claims stating that the second cannot be reviewed until after a death warrant is signed.  Trotter’s petition was denied on 05/25/06.

 

On 11/26/04, Trotter filed a 3.202 Motion in the Circuit Court, which was denied on 07/08/05.

 

Trotter filed a Petition for Writ of Habeas Corpus in the U.S. District Court, Middle District, on 10/11/06 and amended the petition on 10/25/06.  This petition was denied on 11/06/07.

 

On 10/15/07, Trotter filed a 3.851 motion in the Circuit Court and an amended motion of the same on 12/26/07.  This motion was denied in the Circuit Court on 06/18/08.

 

On 01/17/08, Trotter appealed the District Court’s decision of his Writ of Habeas Corpus.  On 07/25/08, the United States Court of Appeal affirmed the District Court’s decision and denied Trotter’s Habeas appeal.  On 10/01/08, the District Court entered a Mandate in this case.

 

On 07/02/08, Trotter filed a 3.851 appeal in the Florida Supreme Court.  On 04/30/09, the Florida Supreme Court denied the appeal.

 

On 10/13/08, Trotter filed a Petition for Writ of Certiorari in the United States Supreme Court.  The petition was denied on 12/15/08.

 

Institutional Adjustment:

 

 

DATE

DAYS

VIOLATION

LOCATION

06/01/95

0

SPOKEN THREATS

UNION C. I.

 

 

________________________________________________________________________

 

Report Date:   04/10/02          SQ

Approved:       07/03/02          WS

Updated:         09/16/09          EMJ