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.
PARKER, J.B. (B/M)
AKA: Pig, Pig Parker
DC# 789049
DOB: 06/11/62
Nineteenth Judicial Circuit, Martin County, Case# 82-352-CFC
(Trial venue changed to Fifteenth Judicial Circuit)
Sentencing Judge: The Honorable Phillip G. Nourse
Attorney, Trial: Robert Makemson – Assistant Public Defender
Attorney, Direct Appeal I: Robert G. Udell – Assistant Public Defender
Attorney, Direct Appeal II: Mark Harllee – Assistant Public Defender
Attorney, Resentencing: David M. Lamos – Assistant Public Defender
Attorney, Collateral Appeals: Baya Harrison – Registry
Date of Offense: 04/27/82
Date of Sentence: 01/11/83
Date of Resentence: 12/13/00
Circumstances of the Offense:
During an armed robbery, J.B. Parker and three accomplices kidnapped Frances Slater, whom Parker later shot to death.
On 04/27/82, Parker, along with John Bush, Alphonso Cave and Terry Wayne Johnson, set out in Bush’s car from Fort Pierce to West Palm Beach. Parker stated that during the trip, Bush said the group was going to commit a robbery. Later, Bush and Cave entered the Stuart convenience store where the 18-year-old victim, Frances Slater, was working. They robbed the store and abducted Slater, placing her in the back seat of the car. They drove to an isolated area. During the 20-minute trip, the victim pleaded for her life. She was then dragged out of the car by her hair. Bush stabbed Slater, which caused her to sink to her knees. Parker then shot her in the back of the head execution-style. Medical testimony established that the gunshot, not the stabbing, was the cause of death. The four then drove back to Fort Pierce and divided the money four ways. Parker’s split was twenty to thirty dollars.
Codefendant Information:
John Bush (Executed in 1996)
Bush was convicted of first-degree murder, armed robbery and kidnapping, and in 1982 was sentenced to death for the murder conviction.
Alphonso Cave (DC# 087429)
Cave was convicted of first-degree murder, armed robbery and kidnapping (CC# 82-9546). He was sentenced to death in 1982, and resentenced to death in 1993 and 1997.
Terry Wayne Johnson (DC# 090336)
Johnson was convicted in 1993 of first-degree murder and kidnapping (CC# 82-352). He is serving life sentences for each of the convictions.
Additional information:
The defendant had a juvenile record of breaking and entering into a school. However, the sentencing judge found that Parker had no history of significant crimes as an adult.
Trial Summary:
05/28/82 Indicted as follows:
Count I: First-Degree Murder (Frances Slater)
Count II: Armed Robbery
Count III: Kidnapping
01/07/83 Defendant found guilty on all counts of the indictment
01/11/83 Jury recommended death by a vote of 8- 4
01/11/83 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Armed Robbery – 10 years
Count III: Kidnapping – 10 years
10/25/00 New jury recommended the death penalty by a vote of 11-1
12/13/00 Defendant was resentenced to death
Appeal Summary:
FSC# 63,177
476 So. 2d 134 (Fla. 1985)
01/28/83 Appeal filed
08/22/85 FSC affirmed convictions and sentence
10/24/85 Motion for rehearing denied
State Circuit Court – 3.850 Motion (I)
CC# 82-352-CFC
12/03/87 Motion filed
04/05/88 Motion denied
Florida Supreme Court – 3.850 Appeal (I)
FSC# 72,374
542 So. 2d 356 (Fla. 1989)
04/28/88 Appeal filed
03/23/89 FSC affirmed trial court’s denial of 3.850 motion
05/26/89 Rehearing denied
05/26/89 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus (I)
FSC# 72,951
550 So. 2d 459 (Fla. 1989)
08/25/88 Petition filed
03/23/89 Petition denied
05/26/89 Motion for rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus (II)
FSC# 74,749
550 So.2d 459 (Fla. 1989)
09/21/89 Petition filed
10/25/89 Petition denied
State Circuit Court – 3.850 Motion (II)
CC# 82-352-CFC
09/28/89 Motion filed
10/11/89 Trial court denied 3.850 motion
10/16/89 Motion for rehearing denied
Florida Supreme Court – 3.850 Appeal (II)
FSC# 74,888
550 So.2d 459 (Fla. 1989)
10/23/89 Appeal filed
10/25/89 FSC affirmed trial court’s denial of 3.850 motion
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 89-163
10/25/89 Petition filed
09/03/90 Petition denied
United States Court of Appeals – 11th District, Habeas Appeal
USCA# 90-3901
974 F.2d 1562 (11th Cir. 1992)
10/01/90 Appeal filed
10/06/92 USCA affirmed USDC’s denial
03/17/99 Motion for rehearing denied
03/31/99 Mandate issued
State Circuit Court – 3.850 Motion (III)
CC# 82-352-CFC
06/27/94 Motion filed
11/13/96 Trial court grants new sentencing phase and denied new trial
Florida Supreme Court – 3.850 Appeal (III)
FSC# 89,469
721 So.2d 1147 (1989)
12/05/96 State filed appeal
09/03/98 FSC affirms trial court’s order granting a new penalty phase and denying a new trial
12/15/98 Motion for rehearing denied
01/14/99 Mandate issued
FSC# 01-172
873 So.2d 270
01/24/01 Appeal filed
01/22/04 FSC affirmed convictions and sentence
04/28/04 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 04-120
125 S.Ct. 868, 160 L.Ed.2d 768
07/22/04 Petition filed
01/10/05 Petition denied
State Circuit Court – 3.850 Motion
CC# 82-352-CFC
01/06/06 Motion filed
09/07/06 Amended motion filed
06/19/08 Motion denied
FSC# 08-1385
(Pending)
07/23/08 Appeal filed
Warrant:
08/29/89 Death warrant signed by Governor Martinez
10/27/89 Scheduled execution date
10/25/89 United States District Court, Southern District, grants stay of execution
Clemency:
12/07/89 Hearing held (denied)
Factors Contributing to the Delay in the Imposition of the Sentence:
The delays in this case stem from the number of appeals filed and Parker’s resentencing in 2000. Parker’s second direct appeal resulted in a new penalty phase, which essentially started the appeals process anew. Nearly 18 years passed from the filing of Parker’s first direct appeal in 1983 to his resentencing in 2000. During that time period, Parker filed three 3.850 motions with the trial court (and subsequently appealed the rulings to the Florida Supreme Court), twice petitioned the Florida Supreme Court for a writ of habeas corpus, and filed a habeas petition and a habeas appeal with the United States District Court and Court of Appeals.
Case information:
Parker filed a Direct Appeal to the Florida Supreme Court on 01/28/83. The Court agreed with the defendant that the trial court erred in admitting testimony regarding his admission of guilt, but ruled that this was harmless error. The Court affirmed the conviction and sentence 10/24/85.
On 12/03/87, Parker filed a 3.850 Motion to the Circuit Court, which was denied on 04/05/88.
On 04/28/88, Parker filed a 3.850 Appeal to the Florida Supreme Court. The Court affirmed the trial court’s denial of the 3.850 motion on 03/23/89. The Court denied Parker’s motion for a rehearing and issued a mandate on 05/26/89.
Parker filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 08/25/88, which was denied on 03/23/89. His motion for a rehearing was denied on 05/26/89.
Governor Bob Martinez signed Parker’s death warrant in 08/29/89. The following month, the defendant filed a second Habeas petition to the Florida Supreme Court and a second 3.850 Motion to the Circuit Court. He also asked the Florida Supreme Court for a stay of execution. Then on 10/25/89, two days before Parker’s scheduled execution date (10/27/89), he filed a Habeas petition in the United States District Court, and was granted a stay of execution the same day.
Parker filed a second 3.850 Motion to the Circuit Court on 09/28/89. The trial court denied the 3.850 Motion on 10/16/89, a decision he appealed to the Florida Supreme Court on 10/23/89. The Court, on the day the execution was stayed, issued a consolidated opinion affirming the trial court’s ruling and denying the second Habeas petition, saying each of the 11 issued raised by Parker in both appeals were procedurally barred. The Court also denied the request for a stay of execution.
Parker filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District on 10/25/89. The Court denied Parker’s Habeas petition on 09/03/90. He filed an appeal of the decision to the United States Court of Appeals, 11th Circuit on 10/01/90, arguing that his statements to law enforcement officers, which implicated him in the crimes, were inadmissible during the trial. The Court agreed, but found the trial court error was harmless and affirmed the lower court’s opinion 10/06/92.
Parker filed a third 3.850 Motion to the Circuit Court on 06/27/94. He argued that testimony from the resentencing of codefendant Alphonso Cave would have had an exculpatory impact on Parker’s trial and, had he discovered it, would have changed the outcome of his trial. The trial court agreed and granted him an evidentiary hearing on the issue. After the hearing, on 11/13/96, the trial judge granted a new penalty phase, but denied him a new trial after finding that such evidence would not have resulted in a different verdict in the guilt phase.
On 12/05/96, the State appealed the Circuit Court’s order for a new penalty phase to the Florida Supreme Court. In a cross-appeal, Parker argued for a new trial. On 09/03/98, the Court agreed with the trial judge’s conclusion that, given evidence erroneously admitted during the trial along with the evidence presented during Cave’s resentencing, confidence in the jury’s recommendation for death had been undermined, and affirmed the trial court’s order for a new penalty phase. The Court rejected Parker’s claim that confidence in the verdict had been undermined as well, and affirmed the trial court’s order denying a new trial.
Parker filed a Direct Appeal to the Florida Supreme Court on 01/24/01. His convictions and sentence were affirmed on 01/22/04.
Parker filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/22/04, which is was denied on 01/10/05.
On 01/06/06, Parker filed a 3.850 Motion to the Circuit Court. The motion was amended on 09/07/06, which was denied on 06/19/08.
On 07/23/08, Parker filed a 3.851 appeal in the Florida Supreme Court. This appeal is currently pending.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
07/19/85 |
15 |
DISRESP.TO OFFICIALS |
FLORIDA STATE PRISON |
|
05/04/87 |
120 |
UNARMED ASSAULT |
FLORIDA STATE PRISON |
|
08/01/89 |
30 |
DISOBEYING ORDER |
FLORIDA STATE PRISON |
|
07/18/90 |
10 |
POSS OF CONTRABAND |
FLORIDA STATE PRISON |
|
07/18/90 |
10 |
DISORDERLY CONDUCT |
FLORIDA STATE PRISON |
|
05/10/93 |
0 |
DISOBEYING ORDER |
UNION C. I. |
|
12/30/93 |
0 |
DISORDERLY CONDUCT |
UNION C. I. |
|
01/25/95 |
0 |
UNAUTH USE OF DRUGS |
UNION C. I. |
|
02/05/99 |
0 |
DISOBEYING ORDER |
UNION C. I. |
|
10/11/99 |
0 |
DISRESP.TO OFFICIALS |
UNION C. I. |
|
09/26/00 |
0 |
DEFACING STATE PROP. |
UNION C. I. |
Report Date: 04/10/01 TB
Approved: 04/20/01 WS
Updated: 05/14/09 AEH