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. 

 

BLAKE, Harold (B/M)

DC#    H13715

DOB: 09/02/1979

 

­­­Tenth Judicial Circuit, Polk County Case #02-5203

Sentencing Judge: The Honorable Roger Alcott

Attorney, Trial: Gil Colon – Court-appointed

Attorney, Direct Appeal: Robert Norgard – Court-appointed

Attorney, Collateral Appeals: Linda McDermott – Registry

 

Date of Offense: 08/12/02

Date of Sentence: 05/13/05

 

Circumstances of Offense:

 

At approximately 6 A.M. on August 12, 2002, Trisha Alderman heard a gunshot coming from Del’s Go Mart across the street from her house. The victim, Maheshkumar “Mike” Patel was the owner of Del’s Go Mart. Alderman testified that she looked out the window and saw two black men running toward a vehicle in the parking lot of Del’s, and one of the men was holding a gun.

 

Denard Keaton was driving in the area of Del’s that morning when he heard the gunshots. Keaton testified that he saw three or four black men driving away from the store in a light-colored car. Keaton parked his car in Del’s parking lot and called 911 from the pay phone in front of the store.

 

Donovan Steverson lived in the apartment complex next to Del’s. He testified that while outside his apartment that morning, he saw a black man walking through the grass towards a car in the apartment complex’s parking lot. A few moments later Steverson heard screaming from Del’s. He testified that he saw a man run from the store and get into a gold Oldsmobile. He also testified that it was the same man who had been walking through the apartment complex that morning. Steverson then entered the store and found Patel bleeding and unable to speak.

 

Deputy Laura McManus arrived at the store and found Patel gasping for air. She went to her car to retrieve her CPR mask, and when she returned Patel was no longer breathing. The autopsy revealed that Patel had a gunshot wound to his left arm and armpit, as well as a bullet lodged in his right chest cavity. A bullet jacketing was recovered from his left forearm.

 

Forensic technicians found a 9-mm shell casing inside the store. Detective Glenda Eichholtz found a light-colored Oldsmobile abandoned on the side of the road near Recker Highway. Eichholtz determined the vehicle was stolen. Richard Green’s and Demetrius Jones’s fingerprints were found in the vehicle by forensics technicians.

 

Deputy Billo, a K-9 officer, arrived at the scene and allowed his dog to sniff the vehicle. The dog tracked the scent to the residence of Ms. Teresa Jones. Jones was the girlfriend of the codefendant, Richard Green. Jones testified that Green, Blake, and a male known as “Red Man” came to her apartment that day at approximately 7 A.M. She then drove the men to the Oldsmobile and one of the men removed two guns from the car. She also testified that, during the car ride, Blake said something about shooting someone. Jones dropped off Blake at a motel, “Red Man” at a store, and Green at her apartment. She then took her children to school. When she returned the police were outside her apartment building. Jones told the police that Blake and another person came to her apartment that morning. On August 14th, Jones informed the police that Green was also involved in the murder.

 

Demetrius Jones, a friend of both Blake and Green, testified that Blake, Green, and Kevin Key (aka “Red Man”) were at his house at approximately 3 or 4 AM that day. The men arrived in a light-colored, older-model car. Earlier Jones had made plans to join Green and Key on a trip to Lakeland to rob drug dealers. Jones decided not to go, but stated that he may have touched the car while it was at his house. Jones also testified that, later in the day, he ran into Blake, who told him that they were trying “to do” somebody and someone got shot. Blake also asked Jones to sell a gun for him. Later that day Jones also accompanied Green to a lake, where Green threw a gun into the water.

 

Police searched Blake’s apartment and recovered a pair of tennis shoes. Forensics technicians found eight glass fragments imbedded in the bottoms of the shoes that matched fragments found in the Oldsmobile.

 

The police recovered a 9-mm gun from the lake. A forensic technician stated that the shell casing found on Patel’s body was fired from the 9-mm. Detectives interviewed Green, after which Blake was arrested. Blake confessed to stealing the Oldsmobile and to shooting Patel. Blake claimed the gun accidentally went off.

 

Codefendant Information:

 

The codefendant Richard Reginald Green was convicted and sentenced to life in prison.

 

Additional Information:

 

At the time of the death sentence the defendant was serving a life sentence for a separate first-degree murder.

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Community Supervision Length

06/23/01

DRIV W/LIC S/R/C/D FELONY

11/19/01

POLK

104213

0Y 36M 0D

08/18/01

DRIV W/LIC S/R/C/D FELONY

11/19/01

POLK

105489

0Y 36M 0D

03/06/01

DRIV W/LIC S/R/C/D FELONY

11/19/01

POLK

104886

0Y 36M 0D

07/05/01

    MOTOR VEHICLE THEFT

11/19/01

POLK

104487

0Y 36M 0D

07/05/01

DRIV W/LIC S/R/C/D FELONY

11/19/01

POLK

104487

0Y 36M 0D

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

08/01/02

1ST DG MUR/PREMED. OR ATT.

06/25/04

POLK

206050

SENTENCED TO LIFE

08/01/02

    ROBBERY

06/25/04

POLK

206050

15Y 0M 0D

 

 

Trial Summary:

 

04/16/04          Indicted as follows:

                                    Count I:           First-Degree Murder

                                    Count II:         Driving while license suspended/revoked

                                    Count III:        Grand theft motor vehicle

                                    Count IV:        Driving while license suspended/ revoked

                                    Count V:         Driving while license suspended/ revoked

                                    Count VI:        Driving while license suspended/revoked

                                    Count VII:      Attempted robbery with a deadly weapon

                                    Count VIII:     Grand theft motor vehicle

02/25/05          Jury returned guilty verdicts on all counts of the indictment

04/29/05          Jury recommended death by a vote of 12-0

05/13/05          Sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         Driving while license suspended/revoked − 5 years

                                    Count III:        Grand theft motor vehicle − 5 years

                                    Count IV:        Driving while license suspended/ revoked − 5 years

                                    Count V:         Driving while license suspended/ revoked − 5 years

                                    Count VI:        Driving while license suspended/ revoked − 5 years

                                    Count VII:      Attempted robbery with deadly weapon − 15 years

                                    Count VIII:     Grand theft motor vehicle − 5 years

  

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #05-1302

972 So. 2d 839

 

07/18/05          Appeal filed.

12/13/07          FSC affirmed convictions and sentences.

01/04/08          Mandate issued.

 

United States Supreme Court − Petition for Writ of Certiorari

USSC #07-9826

128 S. Ct. 2442

 

03/10/08          Petition filed.

05/12/08          Petition denied.

 

State Circuit Court – 3.851 Motion

CC #02-5203

(Pending)

 

04/17/09          Motion filed.

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The case progression appears to be within acceptable time parameters.

 

Case Information:

 

Blake filed a Direct Appeal with the Florida Supreme Court on 07/18/05, citing the following trial court errors: denial of motion to suppress defendant’s recorded statement; failure to advise defendant that he could exercise his right to self-representation; and disproportionate application of the death sentence. On 12/13/07, the Florida Supreme Court affirmed the convictions and sentences.

 

On 03/10/08, Blake filed a Petition for Writ of Certiorari with the United States Supreme Court which was denied on 05/12/08.

 

On 04/17/09, Blake filed a 3.851 Motion in the State Circuit Court. This motion is pending.

 

________________________________________________________________________

 

Report Date:   01/11/08          KLH

Approved:       01/16/08          RM

Updated:         07/01/09          KLH