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.
HENRY, John (B/M)
DC # 053105
DOB: 01/16/51
Sixth Judicial Circuit, Pasco County Case # 85-2685
Sentencing Judge: The Honorable Ray Ulmer
Trial Attorney: Robert Focht
Attorney, Direct Appeal: A. Anne Owens – Assistant Public Defender
Attorney, Collateral Appeals: Baya Harrison – Registry
Date of Offense: 12/22/85
Date of Sentence: 05/08/87
Date Resentenced: 10/18/91
Circumstances of the Offense:
John Henry murdered Suzanne Henry on December 22, 1985. Henry was married to Suzanne, however, was living with a different woman. On the day of the murder, Henry went to the house he had shared with Suzanne in Pasco County to discuss what presents he would get for Eugene Christian, her 5-year-old child from a previous marriage. An argument ensued concerning Henry’s present living situation and resulted in Henry stabbing Suzanne with a kitchen knife numerous times in the throat. He left the Pasco County house and took Christian with him. Henry drove to Hillsborough County with the child and, approximately nine hours later, killed Christian by stabbing him repeatedly in the throat with the same knife he killed Christian’s mother.
Henry was first arrested for the murder of Suzanne and, when apprehended, admitted to knowing where Christian’s body was. Henry confessed to both murders and led police to the place in Hillsborough County where they found the child’s body.
Additional Information:
Henry had previously been convicted of second-degree murder in the stabbing death of his first wife and sentenced to 15 years in prison.
Trial Summary:
01/16/86 Indicted with one count of First-Degree Murder
04/22/87 Defendant was found guilty by the trial jury
04/24/87 The jury recommended death by a vote of 12-0
05/08/87 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
01/03/91 FSC remanded to trial court for new trial
Retrial Summary:
10/11/91 Defendant was found guilty by the trial jury
10/11/91 The jury recommended Death by a vote of 12-0
10/18/91 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC#70,816
574 So. 2d 73
07/06/87 Appeal filed.
01/03/91 FSC reversed the conviction and sentence and remanded for a new trial.
02/04/91 Mandate issued.
Florida Supreme Court – Direct Appeal (resentencing)
FSC#78,934
649 So. 2d 1366
11/18/91 Appeal filed.
12/15/94 FSC affirmed the conviction and sentence.
02/09/95 Rehearing denied.
03/15/95 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC#94-9296
516 U.S. 830
05/03/95 Petition filed.
10/02/95 Petition denied.
State Circuit Court – 3.850 Motion
CC#85-2685
03/31/97 Motion filed.
03/21/02 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC#02-1158
862 So. 2d 679
05/24/02 Appeal filed.
10/09/03 FSC affirmed trial court’s denial of 3.850.
12/19/03 Rehearing denied.
01/20/04 Mandate issued.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC#04-168
01/29/04 Petition filed.
05/24/06 USDC denied petition.
United States Court of Appeals, 11th Circuit—Habeas Appeal
USCA # 06-13821
490 F.3d 835
06/12/06 Appeal filed.
07/31/07 Appeal denied.
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal took three years for a decision to be rendered. The second Direct Appeal, which resulted from a new trial, took four years for a decision to be rendered. The Circuit Court 3.850 motion took five years for a decision to be rendered.
Case Information:
A Direct Appeal was filed on 07/06/87. Issues that were raised included whether the trial court erred in not granting his motion for acquittal because the state failed to present sufficient evidence of premeditation; whether the trial court erred in not suppressing Henry’s confession because during the course of the investigation he told one police officer that he did not wish to speak to him; whether the trial court erred in admitting extensive testimony and documentary evidence concerning the killing of Eugene Christian. The Florida Supreme Court found most of the claims either without merit or harmless. However, the Florida Supreme Court ruled that it was unnecessary to admit the abundant information concerning Christian’s murder and therefore reversed the conviction and sentence of death on 01/03/91 remanded the case for a new trial.
A second Direct Appeal was filed on 11/18/91. Issues that were raised included whether the trial court erred by allowing certain hearsay testimony relating to the murder of Henry’s first wife, whether the trial court erred in the instructing the jury on felony murder even though the trial court found that the murder was not committed during the course of a felony, and whether the trial court erred by failing to properly consider all mitigating evidence provided by the defense. The Florida Supreme Court found all claims either harmless or without merit and affirmed the conviction and sentence of death on 12/15/94.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 05/03/95 and denied on 10/02/95.
The 3.850 Motion was filed with the circuit court on 03/31/97 and was denied on 03/21/02.
A 3.850 Appeal was filed with the Florida Supreme Court on 05/24/02 and denied on 10/09/03.
A Petition for Writ of Habeas Corpus was filed with the United States District Court, Middle District on 01/29/04. On 05/24/06, the USDC denied the petition.
On 06/12/06, Henry filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit, which was denied on 07/31/07.
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.
HENRY, John (B/M)
DC# 053105
DOB: 01/16/51
Thirteenth Judicial Circuit, Hillsborough County Case # 85-14273
Sentencing Judge: The Honorable Donald C. Evans
Trial Attorneys: Brian Donerly, Raybun Stone – Assistant Public Defenders
Attorney, Direct Appeal: Robert Moeller – Assistant Public Defender
Attorney, Collateral Appeals: Baya Harrison & Bjorn Brunvand – Registry
Date of Offense: 12/22/85
Date of Sentence: 04/15/87
Date Resentenced: 10/16/92
Circumstances of the Offense:
John Henry murdered his stepson, Eugene Christian on December 22, 1985. Henry was married to Suzanne Henry, but was living with a different woman. On the day of the murder, Henry went to the house he had shared with Suzanne in Pasco County to discuss what presents he would get for Christian, her 5-year-old child from a previous marriage. An argument ensued concerning Henry’s present living situation, which resulted in Henry stabbing Suzanne with a kitchen knife numerous times in the throat. He left the Pasco County house and took Christian with him.
Henry drove to Hillsborough County with Christian and stopped along the way to buy the child a snack and then to buy some cocaine for himself. At one point, Henry stated that he thought he saw flashing lights behind his vehicle, and he proceeded to pull over into an isolated area. Henry smoked cocaine while Christian was sitting on his knee, and approximately nine hours later, Henry killed Christian by stabbing him repeatedly in the throat with the same knife he killed used to kill Christian’s mother.
Henry was first arrested for the murder of Suzanne, and when apprehended, admitted to knowing where Christian’s body was. Henry confessed to both murders and led police to the place in Hillsborough County where they found the child’s body.
Additional Information:
Henry had previously been convicted of second-degree murder in the stabbing death of his first wife and sentenced to 15 years in prison.
Trial Summary:
01/15/86 Indicted with one count of First-Degree Murder
04/11/87 Defendant was found guilty by the trial jury
04/13/87 The jury recommended Death by a vote of 10-2
04/15/87 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
01/03/91 FSC remanded case to trial court for new trial
Trial II Summary:
08/28/92 Defendant was found guilty by the trial jury
08/31/92 The jury recommended death by a vote of 11-1
10/16/92 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC#70,554
574 So. 2d 66
05/18/87 Appeal filed.
01/03/91 FSC reversed the conviction and sentence and remanded for a new trial.
02/27/91 Rehearing denied.
04/01/91 Mandate issued.
Florida Supreme Court – Direct Appeal (resentencing)
FSC#80,941
649 So. 2d 1361
12/21/92 Appeal filed.
12/15/94 FSC affirmed the conviction and sentence.
02/14/95 Rehearing denied.
03/16/95 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC#94-9113
515 U.S. 1148
05/15/95 Petition filed
06/19/95 Petition denied
State Circuit Court – 3.850 Motion
CC#85-14273
03/31/97 Motion filed.
12/23/03 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-153
948 So.2d 609
02/02/04 Appeal filed.
10/12/06 FSC affirmed denial of the motion.
01/25/07 Rehearing denied.
02/12/07 Mandate issued.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC#07-406
03/06/07 Petition filed.
02/04/11 Petition denied.
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal took four years for a decision to be rendered. The second Direct Appeal, which was filed after a new trial, took three years for a decision to be rendered. The 3.850 motion was pending for six years.
Case Information:
A direct appeal was filed on 05/18/87. Issues that were raised included whether the trial court erred in not suppressing Henry’s confession because during the course of the investigation he told one police officer that he was not “saying nothing” to him; whether the trial court erred in striking the insanity defense, and whether the trial court had sufficient evidence to show a kidnapping of Christian by Henry. The Florida Supreme Court found most of the claims either without merit or harmless. The Florida Supreme Court however, ruled that because a majority of the justices believe that reversible error was committed, albeit for different reasons, they found it necessary to reverse the conviction and sentence of death on 01/03/91 and remanded the case for a new trial.
A second Direct Appeal was filed on 12/21/92. Issues that were raised included whether the trial court erred in admitting evidence from the murder of Henry’s first wife, whether the trial court erred in allowing the prosecution to improperly impeach a defense expert witness, and whether the trial court had sufficient evidence to show a kidnapping of Christian by Henry. The Florida Supreme Court found all claims either harmless or without merit and affirmed the conviction and sentence of death on 12/15/94.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 05/15/95 and denied on 06/19/95.
A 3.850 Motion was filed with the circuit court on 03/31/97 and was denied on 12/23/03.
A 3.850 Motion Appeal was filed with the Florida Supreme Court on 02/02/04, raising allegations of ineffective assistance of counsel. On 10/12/06, the FSC affirmed the denial of the motion.
On 03/06/07, Henry filed a Writ of Habeas Corpus in the United States District Court, Middle District. This petition was denied on 02/04/11.
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
06/21/94 0 PART.IN RIOTS UNION C. I.
________________________________________________________________________
Report Date: 11/27/01 cc
Approved: 01/08/02 ws
Updated: 02/22/11 CAR