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.
LOTT, Ken Eldon (W/M)
DC# 026985
DOB: 02/14/53
Ninth Judicial Circuit, Orange County Case# 94-4667
Sentencing Judge: The Honorable Dorothy J. Russell
Attorney, Trial: Douglas T. Huie – Assistant Public Defender
Attorney, Direct Appeal: George D.E. Burden – Assistant Public Defender
Attorney, Collateral Appeals: Christopher J. Anderson – Registry
Date of Offense: 03/27/94
Date of Sentence: 06/23/95
Circumstances of Offense:
Ken Eldon Lott was convicted of first-degree murder and sentenced to death on 06/23/95.
Rose Connors was found unclothed and murdered in the master bedroom of her estate on the morning of 03/28/94. Connors was severely beaten and suffered from other serious wounds such as a stab wound in the back, a fractured larynx, and a slashed throat. According to medical examiners, the actual cause of death was the injury to Connors’ neck, which severed the jugular vein. There was no real evidence of sexual battery, except a few bruises on Connors’ thigh area, suggesting that her legs were being forced apart.
Prior to the murder, Lott provided lawn services for Connors at her home. On the day of the murder (which occurred some time between 03/26/94-03/27/94), Lott and Raymond Fuller intended to rob Connors when they ran out of money and were not able to buy drugs. Together, they devised a plan to rob Connors whereby Fuller was the designated robber and Lott was the designated driver. During the robbery, Lott and Fuller were under the influence of “crystal meth” and cocaine. The robbery did not go as planned once Connors escaped from Fuller and scurried out of her house. She was instantly caught and dragged back into her home by Lott, who was hiding in some bushes outside her home. According to Lott, he beat Connors because she was retaliating like a “maniac” and had to kill her because she could identify him and would be sent to prison as a result. After murdering Connors, Lott and Fuller left her home with a diamond tennis bracelet. Later in the evening, Lott returned to the scene of the crime to clean up.
Lott was discovered a few months after the incident when his friend, Robert Whitman, contacted the Orange County Sheriff’s Department. According to Whitman, he met with Lott some time after the incident when Lott approached him and offered to sell him a gold ring and a diamond tennis bracelet. During the meeting, Lott admitted to Connors’ murder with Fuller as his accomplice. Lott was arrested in May of 1994, when Whitman and the Sheriff’s Department devised a plan, in which Whitman and Lott would meet regarding the stolen jewelry.
Prior to trial, Lott testified that Whitman lied in his story about murdering Connors. Lott further discussed that Whitman was setting him up and sought revenge because, in the past, Whitman had gotten into trouble with the law because of Lott. Although Lott admitted to using Connors’ ATM card and the PIN number, Lott claimed that it was given to him by Whitman and had no knowledge that it was stolen, especially from Connors. According to the testimonies of the coworkers of Lott’s wife, Lott’s wife was seen wearing a diamond tennis bracelet at work one day, subsequent to Connors’ death.
Codefendant Information:
Raymond Fuller (DC# 625386)
Fuller was not mentioned in the course of Lott’s indictment and there is no evidence of whether he was caught or tried for the same offense.
Prior Incarceration History in the State of Florida:
|
Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983) |
|||||||
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
|
|
03/16/1984 |
GRAND THEFT MOTOR VEHICLE |
06/25/1985 |
POLK |
8401028 |
5Y 0M 0D |
|
|
|
12/02/1984 |
ROBB. GUN/DEADLY WPN |
06/25/1985 |
POLK |
8404198 |
20Y 0M 0D |
|
|
|
12/02/1984 |
ROBB. GUN/DEADLY WPN |
06/25/1985 |
POLK |
8404199 |
20Y 0M 0D |
|
|
|
Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983) |
|||||||
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
|
|
03/16/1984 |
GRAND THEFT MOTOR VEHICLE |
10/25/1984 |
POLK |
8401028 |
2Y 0M 0D |
|
|
|
03/16/1984 |
GRAND THEFT,$300 LESS &20,000 |
06/25/1985 |
POLK |
8401028 |
5Y 0M 0D |
|
|
|
03/16/1984 |
GRAND THEFT,$300 LESS &20,000 |
06/25/1985 |
POLK |
8401028 |
5Y 0M 0D |
|
|
Trial Summary:
05/20/94 Lott was indicted as follows:
Count I: First-Degree Murder
04/28/95 Jury returned guilty verdicts on all counts of the indictment
04/28/95 Jury recommended death by a vote of 12-0
06/23/95 Lott was sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 86,108
695 So 2d 1239
07/20/95 Appeal filed
05/22/97 FSC affirmed convictions and death sentence
06/03/97 Rehearing filed
06/20/97 Rehearing denied
07/21/97 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 97-6099
522 U.S. 986
09/18/97 Petition filed
11/17/97 Petition denied
State Circuit Court – 3.850 Motion
CC# 94-4667
09/21/98 Motion filed
10/31/01 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 02-112
839 So. 2d 698
01/16/02 Appeal filed
02/19/03 Appeal reversed and remanded
State Circuit Court – 3.853 Motion (DNA)
CC# 94-4667
05/23/03 Motion filed
12/04/03 Motion denied
State Circuit Court – 3.850 Motion (on remand)
CC# 94-4667
07/28/04 Evidentiary hearing held
08/04/04 Motion denied
Florida Supreme Court – 3.850 Appeal (combined with 3.853 Appeal (DNA)
FSC# 04-1814
931 So.2d 807 (2006)
09/13/04 Appeal filed
04/13/06 FSC affirmed the trial court’s denial of Lott’s 3.850 Motion and 3.853 Motion (DNA)
06/02/06 Rehearing denied
06/19/06 Mandate issued
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 06-778
06/08/06 Petition filed
07/20/09 Petition denied
09/03/09 Application for Certificate of Appealability filed
10/07/09 Application denied
United States Court of Appeals, 11th Circuit – Habeas Corpus Appeal
USCA# 09-14196
594 F.3d 1296
08/10/09 Appeal filed
01/25/10 Certificate of Appealability denied
Factors Contributing to the Delay in Imposition of the Sentence:
Lott’s initial 3.850 Motion was under consideration for three years before it was disposed. Furthermore, the appeal required nearly an additional year as the Florida Supreme Court reversed the denial and remanded case for the purpose of conducting an evidentiary hearing on all issues raised on Direct Appeal.
Case Information:
During his Direct Appeal on 07/20/95, Lott’s sentence and conviction were affirmed by the Florida Supreme Court. The Court denied a rehearing on 06/20/97 and issued a mandate on 07/21/97.
On 09/18/97, Lott filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 11/17/97.
Lott filed a 3.850 Motion to the Circuit Court on 09/21/98, which was denied on 10/31/01.
On 01/16/02, Lott filed a 3.850 Appeal, which was reversed and remanded on 02/19/03 by the Florida Supreme Court. The Court reversed the order and remanded the case for the purpose of conducting an evidentiary hearing on all issues raised on appeal.
On 05/23/03, Lott filed a 3.853 Motion (DNA) to the Circuit Court. Lott requested a DNA testing of (1) hairs found on the victim’s shower drain and bed pillow; (2) the victim’s fingernails; (3) the pliers found at the scene; and (4) the sheets, pillows, panties, vaginal and anal swabs of the victim, and fecal matter, primarily in search for sperm. The Circuit Court denied the Motion on 12/04/03.
Lott filed a 3.850 Motion to the Circuit Court. Evidentiary hearing was held on 07/28/04. The motion was denied on 08/04/04.
On 09/13/04, Lott filed a 3.850 Appeal to the Florida Supreme Court, which was combined with the Lott’s 3.853 Appeal (DNA). On 04/13/06, the Court affirmed the trial court’s denial of Lott’s 3.850 Motion, and the Court affirmed the trial court’s ruling that Lott cannot obtain DNA testing based on the speculative allegations in his 3.853 Motion. On 06/02/06, the rehearing was denied. The mandate was issued on 06/19/06.
On 06/08/06, Lott filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District. This petition was denied on 07/20/09. An application for a Certificate of Appealability was filed on 09/03/09, and it was denied on 10/07/09.
Lott filed a Habeas Corpus Appeal in the United States Court of Appeals on 08/10/09. Lott’s Certificate of Appealability was denied on 01/25/10.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
09/05/00 |
90 |
UNAUTH PHY. CONTACT |
UNION C. I. |
|
05/23/01 |
60 |
DISOBEYING ORDER |
UNION C. I. |
________________________________________________________________________
Report Date: 11/10/04 NRC
Approved: 11/10/04 JFL
Updated: 12/07/10 EMJ