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.
FERGUSON, John Errol (B/M)
DC 015110
DOB: 02/27/48
Eleventh Judicial Circuit, Dade County Case #s: 77-28650-D & 78-05428
Sentencing Judge: The Honorable Richard S. Fuller
Attorney, Trial: Frederick Robbins & Michael Hacker – Special Assistant Public Defenders
Attorney, Direct Appeal: Michael S. Hacker – Special Assistant Public Defender
Attorney, Collateral Appeals: E. Barrett Prettyman, Jr. – Private
Case # 77-28650-D
Date of Offense: 07/27/77
Date of Sentence: 05/25/78
Date of Resentence: 05/27/83
Circumstances of Offense:
On 07/27/77, John Ferguson, posing as a Florida Power and Light employee, was let into a home by Margaret Wooden to check the electrical outlets. After looking in several rooms, Ferguson drew a gun, then bound and blindfolded Wooden. Ferguson let two men, Marvin Francois and Beauford White, into the home to continue searching for drugs and money.
Two hours later, the owner of the home, Livingston Stocker, and five friends returned home and were bound, blindfolded, and searched by Ferguson, Francois, and White. The seven bound and blindfolded people were then moved from the living room to a bedroom.
Later, Wooden’s boyfriend, Michael Miller, entered the house and was bound, blindfolded, and searched. Miller and Wooden were moved to another bedroom together and the other six men were moved to the living room.
At some point in the evening, Marvin Francois’ mask fell off and his face was revealed to the others. Wooden heard shots coming from the living room, where Francois was shooting the men. Ferguson placed a pillow over Wooden’s head and then shot her. Not fatally wounded, Wooden saw Miller being shot and heard Ferguson run from the room.
When the police arrived, they found six dead bodies, all of which had their hands tied behind their back and had been shot in the back of the head. Johnnie Hall survived a shotgun blast to the head and testified regarding the execution of the other men in the living room.
Codefendant Information:
Ferguson, White, and Francois were indicted together as coconspirators, but each was tried separately.
White was convicted on all counts of the indictment. The jury recommended life imprisonment, but the judge sentenced him to death. White was executed on 08/28/87.
Francois was convicted on all counts of the indictment. The jury recommended death sentences, and he was sentenced to death. Francois was executed on 05/29/85.
Adolphus Archie, who drove the car used to drop off and pick up the shooters, pled guilty to Second-Degree Murder and was sentenced to twenty years imprisonment.
Trial Summary:
09/15/77 Indicted as follows:
Counts I – VI First-Degree Murder
Count VII Attempted First-Degree Murder
Count VIII Attempted First-Degree Murder
Counts IX – XI Armed Robbery
05/24/78 Jury returned acquitted verdict on Count XII
05/25/78 Jury returned guilty verdicts on Counts I – XI of the indictment
Jury recommended death sentences by a majority vote
Sentenced as follows:
Counts I – VI First-Degree Murder – Death
Count VII Attempted First-Degree Murder – 30 years
Count VIII Attempted First-Degree Murder – 30 years
Counts IX – XI Armed Robbery – Life imprisonment
Case # 78-05428
Date of Offense: 01/08/78
Date of Sentence: 10/07/78
Date of Resentence: 05/27/83
Circumstances of Offense:
Brian Glenfeld and Belinda Worley, both seventeen years old, were last seen around 9:00 p.m. on Sunday, 01/08/78. The two were supposed to meet friends at an ice cream parlor, but their bodies were discovered the next morning in a wooded area.
Glenfeld’s body was behind the wheel of a car, with gunshot wounds to his chest, arm, and head. Worley’s body was found in a nearby dense growth, where she had been raped and then shot in the head. Several pieces of Worley’s jewelry were missing and cash was missing from Glenfeld’s wallet.
On 04/05/78, John Ferguson was arrested at his apartment pursuant to a warrant for unlawful flight to avoid prosecution. At the time of the arrest, Ferguson was under indictment for the six murders that occurred on 07/27/77 (case # 77-28650-D). After a consent search of the apartment, in which a gun was recovered that was similar to the gun used to kill Glenfeld and Worley, Ferguson admitted to shooting the couple.
Trial Summary:
04/13/78 Indicted as follows:
Count I First-Degree Murder
Count II First-Degree Murder
Count III Armed Sexual Battery
Count IV Armed Robbery
Count V Armed Robbery
Count VI Unlawful Possession of a Firearm While Engaged in a Criminal Offense
Count VII Possession of a Firearm by a Felon
Count VIII Possession of a Firearm by a Felon
10/07/78 Jury returned guilty verdicts on all counts of the indictment *
Jury recommended death sentences by a majority vote
Sentenced as follows:
Count I First-Degree Murder – Death
Count II First-Degree Murder – Death
Count III Armed Sexual Battery – Life Imprisonment
Count IV Armed Robbery – Life Imprisonment
Count V Armed Robbery – 15 year
Count VI Unlawful Possession of a Firearm While Engaged in a Criminal Offense – 15 years
Count VII Possession of a Firearm by a Felon – 15 years
Count VIII Possession of a Firearm by a Felon – 15 years
* NOTE: Count V was reduced to Attempted Armed Robbery by the jury
Prior Incarceration History in the State of Florida:
At the time of each of the murders, Ferguson was on probation, having already served an eighteen month prison sentence for a 1976 conviction for Resisting a Police Officer with Violence. Ferguson’s prior criminal history also included a 1971 Robbery conviction and a 1965 Assault with Intent to Rape conviction, for which Ferguson was sentenced to ten years imprisonment.
Appeal Summary:
NOTE: Following the Direct Appeal, Ferguson’s two cases were consolidated for post-conviction appeal.
Florida Supreme Court – Direct Appeal (Case# 77-28650-D)
FSC# 55,137
417 So.2d 639
09/25/78 Appeal filed
07/15/82 FSC affirmed convictions, but remanded for resentencing
08/27/82 Mandate issued
Florida Supreme Court – Direct Appeal (Case# 78-05428)
FSC# 55,498
417 So.2d 631
11/13/78 Appeal filed
07/15/82 FSC affirmed convictions, but remanded for resentencing
08/27/82 Mandate issued
Florida Supreme Court – Direct Appeal (Consolidated)
FSC# 64,362 & 65,961
474 So.2d 208
10/10/83 Appeal filed
06/27/85 FSC affirmed death sentences
09/09/85 Rehearing denied
10/15/85 Mandate issued
Circuit Court – 3.850 Motion
CC# 77-28650-D & 78-05428
10/15/87 Motion filed
06/19/90 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 76,458
593 So.2d 508
08/10/90 Appeal filed
02/06/92 FSC affirmed denial of 3.850 Motion
02/26/92 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 80,549
632 So.2d 53
10/01/92 Petition filed
12/09/93 FSC denied Petition
02/24/94 Rehearing denied
U.S. District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 95-573
03/20/95 Petition filed
05/15/00 USDC administratively closed case pending resolution of state proceedings
08/07/01 Case reopened
11/02/01 Supplemental brief filed
09/26/03 Petition amended
05/19/05 USDC denied petition
Circuit Court – 3.850 Motion
CC# 77-28650-D & 78-05428
07/10/99 Motion filed
08/18/99 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 96,658
789 So.2d 306
01/27/00 Appeal filed
05/10/01 FSC affirmed denial of 3.850 Motion
06/11/01 Mandate issued
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 05-13595
06/17/05 Appeal filed
08/26/09 USCA affirmed denial of Habeas
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 09-1186
03/31/10 Petition filed
06/01/10 Petition denied
Clemency Hearing:
03/10/87 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition of Sentence:
The delay in this case appears to arise from the resentencing of Ferguson and from the pending Federal Habeas Petition that was filed on 03/20/95.
Case Information:
Ferguson filed a Direct Appeal (FSC# 55,137; CC# 77-28650-D) with the Florida Supreme Court on 09/25/78, citing the following errors: unconstitutionality of the death penalty, failure to provide written statements of support for the death penalty in the case, improper prosecutorial comments during closing arguments, and admission of prejudicial statements about Ferguson’s prior incarceration. On 07/15/82, the FSC affirmed the convictions, but vacated the death sentences and remanded to the trial court for a new sentencing hearing, finding that the trial court improperly weighed the aggravating and mitigating circumstances in the case.
Ferguson filed a Direct Appeal (FSC# 55,498; CC# 78-05428) with the Florida Supreme Court on 11/13/78, citing the following errors: unconstitutionality of the death penalty, failure to suppress evidence, admission of evidence of the other murders, and improper prosecutorial comments during closing arguments. On 07/15/82, the FSC affirmed the convictions, but vacated the death sentences and remanded to the trial court for a new sentencing hearing, finding that the trial court improperly weighed the mitigating circumstances in the case.
Ferguson was resentenced to death on 05/27/83.
Ferguson filed a Direct Appeal with the Florida Supreme Court on 10/10/83, citing the following errors: failure to allow an evidentiary hearing during resentencing; improper finding of the cold, calculated, and premeditated murder aggravating circumstance; and consideration of evidence not in the trial record. On 06/27/85, the FSC affirmed the death sentence.
Ferguson filed a 3.850 Motion with the Circuit Court on 10/15/87, which was denied on 06/19/90.
Ferguson filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/10/90, citing ineffective assistance of counsel and improper jury instructions regarding non-statutory mitigating evidence. On 02/06/92, the FSC affirmed the denial of the 3.850 Motion.
Ferguson filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/01/92, citing the following errors: a different sentencing judge upon resentencing; vague jury instructions regarding the heinous, atrocious, or cruel murder aggravating circumstances; failure to grant a defense motion to stop giving Ferguson anti-psychotic drugs; and ineffective assistance of appellate counsel. The FSC denied the Petition on 12/09/93.
Ferguson filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District on 03/20/95. On 05/15/00, the USDC administratively closed the case pending resolution of state proceedings. On 08/07/01, the case was reopened, and on 11/02/01, Ferguson filed a supplemental brief with the court. On 09/26/03, Ferguson amended the Petition. The petition was denied on 05/19/05.
Ferguson filed a 3.850 Motion with the Circuit Court on 07/10/99, which was denied on 08/18/99.
Ferguson filed a 3.850 Motion Appeal with the Florida Supreme Court on 01/27/00, citing eleven issues, most of which focused on claims of ineffective assistance of counsel and withholding of evidence by the State. On 05/10/01, the FSC affirmed the denial of the 3.850 Motion.
Ferguson filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit on 06/17/05. The District Courts denial of the Petition was affirmed by the U.S. Court of Appeals on 08/26/09.
Ferguson filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/31/10. The petition was denied on 06/01/10.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
06/18/79 30 POSS OF CONTRABAND FLORIDA STATE PRISON
05/07/80 15 DISORDERLY CONDUCT FLORIDA STATE PRISON
07/09/80 0 FIGHTING FLORIDA STATE PRISON
09/30/80 0 DISRESPECT TO OFFICIALS FLORIDA STATE PRISON
12/05/80 0 DISOBEYING ORDER FLORIDA STATE PRISON
12/22/80 30 FAILURE TO COMPLY FLORIDA STATE PRISON
02/16/81 0 DISORDERLY CONDUCT FLORIDA STATE PRISON
12/12/84 0 FIGHTING FLORIDA STATE PRISON
10/08/86 0 DISOBEYING ORDER FLORIDA STATE PRISON
07/19/89 15 DISOBEYING ORDER FLORIDA STATE PRISON
05/02/90 15 POSS OF CONTRABAND FLORIDA STATE PRISON
01/13/98 180 REF. SUB. ABUSE TEST UNION C. I.
10/01/01 180 POSS OF ESCAPE PARA. UNION C. I.
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Report Date: 05/20/03 JFL
Approved: 06/10/03 WS
Updated: 06/10/10 EMJ