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.
LUGO, Daniel (W/M)
DOB: 04/06/63
Eleventh Judicial Circuit, Dade County, Case# 95-17381C
Sentencing Judge: The Honorable Alex E. Ferrer
Attorney, Trial: Ronald S. Guralnick – Private
Attorney, Direct Appeal: Rafael Rodriguez – Private
Attorney, Collateral Appeals: Roy D. Wasson – Registry
Date of Offenses: 11/15/94, 05/24/95, 05/25/95
Date of Sentence: 07/17/98
Circumstances of Offense:
Daniel Lugo was convicted for, among other charges, the attempted murder of Marc Schiller as well as the murders of Griga and Furton.
Kidnapping, Extortion and Attempted Murder of Marc Schiller:
Schiller was a successful executive who hired Jorge Delgado to help with his business. Delgado often visited Schiller’s house and the two eventually became good friends. Delgado worked out at Sun Gym where Lugo worked. Lugo began joining Delgado on visits to Schiller’s house. Through Lugo, Delgado also became acquainted with the codefendants, Noel Doorbal and John Mese. In 1994, Schiller questioned Delgado’s business practices, which caused an argument between the two. Schiller told Delgado he was severing the business ties between them. Lugo convinced Delgado that Schiller had cheated the two of them in billing operations. Upon Lugo’s advice, Delgado hired John Mese as a replacement accountant. Delgado testified that Lugo produced documents to back up his claims. When questioned by Delgado, Schiller denied any wrongdoing. It was at this time that Lugo, along with friends of his, made a plan to kidnap Schiller and force him to sign over assets Lugo believed Schiller owed him and Delgado. Although Delgado had originally told Lugo he wanted nothing to do with the plan, he became very involved in the plot. Delgado gave specific information to Lugo about Schiller’s life regarding his schedule, details about his home, and family to Lugo. Lugo and his group then secretly observed Schiller.
After a few attempts, they were successful in kidnapping Schiller. They took him to a warehouse Delgado had rented. Lugo to demanded that Schiller sign over his assets to him. After Schiller refused, the group began beating him and shocking him with a stun gun. Schiller finally agreed to sign after Lugo had threatened to harm Schiller’s wife and children. Schiller unwillingly began signing checks and documents, giving Lugo possession of his property and assets. During this time, Schiller was blindfolded, so he could not see what he was signing. Three weeks into the kidnapping, a member of the group approached Lugo and convinced him they needed to kill Schiller because he could possibly identify some or all of those involved. In the fourth week of the abduction, they forced Schiller to consume a large amount of alcohol. Lugo took Schiller’s car and ran it into a pole to make it appear as though Schiller was involved in a car accident. They took Schiller to the car and put him in the front seat. They then poured gasoline over the vehicle and set it on fire. The group was then ready to leave the scene in another car when they saw Schiller in the road. Lugo then told the driver to run him over, which the driver did. They left the scene convinced that Schiller was dead. They found out later that Schiller had actually survived, and, at his request, was transported to New York. While Schiller was in New York, Lugo and his group emptied his house and bank accounts. Schiller was able to identify Lugo in his testimony because he recognized Lugo’s voice during his abduction. The police found items described as belonging to Schiller in Lugo’s possession. Also discovered, were checks from Schiller’s checking account, which were payable to Mese.
Abduction, attempted Extortion, and the Murders of Frank Griga and Krisztina Furton:
Noel Doorbal, one of the men involved in the abduction of Schiller with Lugo, learned of another wealthy executive, Frank Griga, and his girlfriend, Krisztina Furton. Doorbal relayed this information and convinced Lugo to form a plan to kidnap and extort the couple. Lugo accepted and was again in full participation of the planning process.
Lugo and Doorbal planned to visit Griga under the guise of presenting a business proposition. They planned to gain his confidence through this encounter; however, Griga was not interested. During their second visit on 05/24/95, Lugo and Doorbal were to carry out the abduction, but Lugo aborted the plan. They returned later that day and invited them to dinner. Lugo’s plan was to lure the couple to Doorbal’s apartment. The couple did follow Lugo and Doorbal to the apartment. Jorge Delgado visited Lugo and Doorbal at Doorbal’s apartment on 05/25/95, where he was informed that Griga was killed during a fight with Doorbal. Once Furton, Griga’s girlfriend, knew Griga was seriously hurt, she started screaming. It was at that time that Lugo restrained her and injected her with Rompun, a horse tranquilizer, to subdue her. They then started focusing on Furton for information about the code to enter Griga’s home. Doorbal had carried Furton to the bottom of the staircase, where she began to scream again. She was then injected a second time with the horse tranquilizer. After answering a few questions, Furton decided not to supply them with any more information. They injected her with a third dose of the tranquilizer, which resulted in her death. Lugo hired a corrections officer, John Raimondo, to kill Furton and dispose of both the bodies. He did neither.
Lugo went to Griga’s house with what he thought was the code to get in. Once he realized he did not have the correct code, he called Doorbal who informed Lugo that Furton was dead. When Lugo returned to Doorbal’s apartment, he told Delgado to go home and to return to Doorbal’s apartment the next morning with a truck. The next morning, both bodies were loaded onto the truck and they took them to the warehouse in Hialeah. After Lugo and Doorbal had purchased the necessary equipment, they proceeded to dismember the bodies. They also attempted to burn the heads, hands and feet. Lugo and Doorbal removed everything from Doorbal’s apartment that had blood on it. On May 27 Lugo made a trip to the Bahamas to try and gain access to Griga’s bank account. He was not successful and returned to Miami. On May 28, Lugo, Doorbal and another man disposed of all the body parts. Lugo ran off to the Bahamas, where he was arrested in June 1995.
Trial Summary:
10/02/96 Defendant was indicted on the following:
Count I Conspiracy to Commit Racketeering
Count II Racketeering
Count III First-Degree Murder (Furton)
Count IV First-Degree Murder (Griga)
Count V Kidnapping
Count VI Kidnapping
Count VIII Attempted Extortion
Count IX Grand Theft Auto
Count X Attempted First-Degree Murder
Count XI Armed Kidnapping
Count XII Armed Robbery
Count XIII Burglary
Count XIV Grand Theft (Second-Degree)
Count XV Grand Theft Auto
Count XVI Possession of an Identification Plate
Count XVII Arson
Count XVIII Extortion
Count XIX Money Laundering (Counts XIX – XXVII)
Count XXVIII Forgery (Counts XXVIII, XXXI, XXXIV, XXVII, XL, XLIII)
Count XXX Uttering a Forged Instrument (Counts XXX, XXIII, XXXVI, IXL, XLII, XLV)
Count XLVI Conspiracy to Commit a First-Degree Felony
05/05/98 Defendant was found guilty on all the charges on the indictment.
06/11/98 Upon advisory sentencing, the jury voted, by an 11 to 1 majority, for the death sentence.
07/17/98 Defendant was sentenced as follows:
Count I Conspiracy to Commit Racketeering – 30 years
Count II Racketeering – 30 years
Count III First-Degree Murder (Furton) – Death
Count IV First-Degree Murder (Griga) – Death
Count V Kidnapping – Life
Count VI Kidnapping – Life
Count VIII Attempted Extortion – 5 years
Count IX Grand Theft Auto – 5 years
Count X Attempted First-Degree Murder – Life
Count XI Armed Kidnapping – Life
Count XII Armed Robbery – 15 years
Count XIII Burglary – 15 years
Count XIV Grand Theft (Second-Degree) – 15 years
Count XV Grand Theft Auto – 5 years
Count XVI Possession of an Identification Plate – 5 years
Count XVII Arson – 30 years
Count XVIII Extortion – 30 years
Count XIX Money Laundering (Counts XIX – XXVII) – 15 years each
Count XXVIII Forgery (Counts XXVIII, XXXI, XXXIV, XXVII, XL, XLIII) – 5 years each
Count XXX Uttering a Forged Instrument (Counts XXX, XXIII, XXXVI, IXL, XLII, XLV) – 5 years each
Count XLVI Conspiracy to Commit a First-Degree Felony – 15 years
Codefendant Information:
Noel Doorbal (DC# M16320) was indicted on 10/02/96 and sentenced on 07/17/98 on the following (CC# 95-17381-B):
Count I Conspiracy to Commit Racketeering – 30 years
Count II Racketeering – 30 years
Count III First-Degree Murder (Furton) - Death
Count IV First-Degree Murder (Griga) - Death
Count V Kidnapping – Life
Count VI Kidnapping – Life
Count VIII Attempted Extortion – 5 years
Count IX Grand Theft Auto – 5 years
Count X Attempted First-Degree Murder – Life
Count XI Armed Kidnapping – Life
Count XII Armed Robbery - Life
Count XIII Burglary – 15 years
Count XIV Grand Theft (Second-Degree) – 15 years
Count XVII Arson – 30 years
Count XVIII Extortion – 30 years
Count XLVI Conspiracy to Commit a First-Degree Felony – 15 years
John Mese (DC# Q03835) was indicted on 10/02/96 (CC# 95-17381-F) for the kidnapping, extortion, and murders of Griga and Furton and the kidnapping and extortion of Marc Schiller. A jury returned guilty verdicts on all counts of the indictment; however, the judge set aside the convictions pertaining to the Griga/Furton crimes. On 07/20/98, Mese was sentenced to 56 years’ imprisonment for the kidnapping and extortion of Schiller.
Mese appealed and the State cross-appealed the sentence to the Florida District Court of Appeal, Third District. On 06/19/02, the DCA ruled that the trial judge improperly set aside the two RICO convictions and ordered a new sentencing hearing to be conducted on those counts.
On 01/15/03, Mese was sentenced to 30 years’ imprisonment for one count of Conspiracy to Commit Racketeering.
John Raimondo (DC# 198195) was indicted on 10/02/96 (CC# 95-17381-I) on one count each of Conspiracy to Commit Racketeering, First-Degree Murder (Furton), Kidnapping (Furton), and Attempted Extortion. The State nolle prossed all but the kidnapping charge, and Raimondo was convicted and sentenced to eight years imprisonment for the crime.
Jorge Delgado (DC# 126314) was sentenced to two prison terms of 15 and 5 years for his role in the murders of Griga and Furton and the attempted murder of Schiller (in return for testifying for the State).
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 93,994
845 So. 2d 74
09/28/98 Appeal filed.
02/20/03 FSC affirmed convictions and sentences.
05/02/03 Rehearing denied.
05/02/03 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 03-5620
124 S. Ct. 320; 157 L. Ed. 2d 216; 2003
07/28/03 Petition filed.
10/06/03 Petition denied.
State Circuit Court – 3.850 Motion
CC# 95-17381C
10/18/04 Motion filed.
04/21/05 Amended motion filed.
03/29/06 Motion denied.
06/29/06 Motion for Rehearing denied.
Florida Supreme Court – 3.850 Appeal
FSC# 06-1532
2 So.3d 1
07/31/06 Appeal filed.
10/08/08 Disposition affirmed.
10/28/08 Motion for Rehearing filed.
01/22/09 Rehearing denied.
02/10/09 Mandate entered.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 08-11045
130 S.Ct. 182
06/20/09 Petition filed.
10/05/09 Petition denied.
United States District Court, Southern District – Petition for Writ of Habeas Corpus (Pro Se)
USDC# 10-20098
(Pending)
01/12/10 Petition filed.
12/20/10 Amended petition filed.
Factors Contributing to the Delay in Imposition of Sentence:
During the proceedings of Lugo’s 3.850 Motion, Lugo had undergone a mental competency examination in which he was found competent to proceed with the case on 12/16/04.
Case Information:
On 09/28/98, Lugo filed his Direct Appeal to the Florida Supreme Court. Lugo’s appeal claimed error in the trial court because they did not grant him separate trials for the Racketeer Influenced and Corrupt Organization counts, the Schiller counts and the Griga-Furton counts. The trial court did separate Lugo’s trial from his codefendants but found that he could be tried on all counts in one trial. This Court agreed with the trial court in that each count was connected and similar enough to try in one trial. They further stated that, even if the counts were tried separately, the charges could be introduced as evidence in each trial. Lugo also contended that there was insufficient evidence in the convictions of the Racketeer Influenced and Corrupt Organization counts. Another issue Lugo raised in the appeal was that the State made improper comments during opening and closing arguments. In addition, Lugo raised that there were errors in the introduction of evidence from previous convictions as well as Brady claims. The Court found no reversible errors in the trial courts decision and affirmed the convictions and sentences on 02/20/03.
On 07/28/03, Lugo filed a Petition for Writ Certiorari to the United States Supreme Court, which was denied on 10/06/03.
On 10/18/04, Lugo filed a 3.850 Motion to the Circuit Court. The motion was amended on 04/21/05, which was denied on 03/29/06. On 06/29/06, the Motion for Rehearing was denied.
On 07/31/06, Lugo filed a 3.851 Appeal to the Florida Supreme Court. On 10/08/08, the Florida Supreme Court affirmed the disposition of the lower court and denied the 3.851 Appeal. On 10/28/08, Lugo filed a Motion for Rehearing which was denied on 01/22/09. The Florida Supreme Court entered a Mandate on 02/10/09.
On 06/20/09, Lugo filed a Petition for Writ of Certiorari to the United States Supreme Court. The petition was denied on 10/05/09.
Lugo filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District on 01/12/10. An amended petition was filed on 12/20/10. This case is currently pending.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
02/01/04 |
30 |
DISRESP.TO OFFICIALS |
UNION C. I. |
________________________________________________________________________
Report Date: 09/10/03 EMC
Approved: 10/10/03 WS
Updated: 03/23/11 EMJ