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.
SIRECI, Henry P., Jr. ; AKA Butch Blackstone (W/M)
DC # 056338
DOB: 07/17/48
Ninth Judicial Circuit, Orange County Case #76-532
(Transferred to Seventh Judicial Circuit on 01/16/84)
Sentencing Judge: The Honorable Maurice M. Paul
Attorney, Trial: Edward Kirkland, Esq.
Attorney, Direct Appeal: Craig S. Barnard & Richard B.Greene – Assistant Public Defenders
After resentencing: Larry B. Henderson – Assistant Public Defenders
Attorneys, Collateral Appeals: Marie Parmer – CCRC-M
Date of Offense: 12/03/75
Date of Sentence: 11/15/76
Date of Resentence: 05/04/90
Circumstances of Offense:
On 12/03/75, Sireci went to a used car lot, entered the office, and discussed buying a car with the owner of the car lot, Howard Poteet. Sireci argued in court that the purpose of the visit was to take some keys so he could come back later and steal a car. The state argued in court that the purpose of the visit was to rob the owner.
Sireci was armed with a wrench and a knife and a struggle ensued. According to forensic evidence, Poteet suffered multiple stab wounds, lacerations, and abrasions. Poteet’s body had a total of fifty-five stab and incision wounds, all located on the chest, back, head, and extremities. In addition, the neck was slit. Massive internal and external hemorrhages were the cause of death. According to later testimony, Sireci hit Poteet with the wrench and stabbed him sixty times.
Trial Summary:
02/27/76 Sireci was indicted on the following:
Count I: First-Degree Murder (Howard Poteet)
10/22/76 Sireci was found guilty on Count I of the indictment.
11/05/76 Jury recommended the death penalty by a majority vote.
11/15/76 Sireci was sentenced as follows:
Count I: First-Degree Murder (Howard Poteet) – Death
05/28-29/87 Evidentiary hearing held.
08/21/87 The trial court vacated the death sentence.
05/04/90 Resentenced to death. Upon advisory sentencing, the jury voted for the death penalty by an 11-1 majority.
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #50,905
399 So.2d 964 (Fla. 1981)
01/14/77 Appeal filed.
04/09/81 FSC affirmed conviction and sentence.
06/10/81 Rehearing denied.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #81-5379
456 U.S. 984 (U.S. 1982)
09/08/81 Petition filed.
05/17/82 USSC denied Petition.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus and Stay of Execution
USDC #82-468-Orl-Civ-ER
09/07/82 Petition and Stay filed.
09/16/82 USDC dismissed Petition and denied Stay of Execution.
Circuit Court – 3.850 Motion
CC #76-532
09/08/82 Motion filed.
11/03/83 Trial court denied Motion.
Florida Supreme Court – 3.850 Motion Appeal
FSC #64,728
469 So.2d 119 (Fla. 1985)
01/06/84 Appeal filed.
03/21/85 FSC affirmed denial of 3.850 Motion.
06/07/85 Rehearing denied.
07/31/85 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #84-6895
478 U.S. 1010 (U.S. 1986)
06/12/85 Petition filed.
06/30/86 USSC denied Petition.
Circuit Court – 3.850 Motion
CC #76-532
07/28/86 Motion filed.
09/26/86 Court orders evidentiary hearing to be held and execution stayed.
08/21/87 Trial court granted Motion - sentence vacated.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #69,380
502 So.2d 1221 (Fla. 1987)
09/25/86 Petition filed.
01/05/87 FSC denied Petition.
03/18/87 Rehearing denied.
04/22/87 Mandate issued.
Florida Supreme Court – Trial Court Order Appeal (filed by state)
FSC #69,386
502 So.2d 1221 (Fla. 1987)
09/26/86 Appeal filed.
01/05/87 FSC affirmed trial court order.
03/18/87 Rehearing denied.
04/22/87 Mandate issued.
Florida Supreme Court – 3.850 Motion Appeal (filed by state)
FSC #70,937
536 So.2d 231 (Fla. 1988)
07/24/87 Appeal filed.
12/22/88 FSC affirmed 3.850 Motion and vacating of sentence.
01/13/89 Mandate issued.
Florida Supreme Court – Direct Appeal (after resentencing)
FSC #76,087
587 So.2d 450 (Fla. 1991)
05/16/90 Appeal filed.
09/19/91 FSC affirmed sentence.
11/04/91 Rehearing denied.
12/04/91 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #91-7177
503 U.S. 946 (U.S. 1992)
01/24/92 Petition filed.
03/23/92 USSC denied petition.
Circuit Court – 3.850 Motion
CC #76-532
06/21/93 Motion filed.
02/09/99 Trial court denied Motion.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #97-468-Orl-Civ-18
05/09/97 Petition filed.
03/01/99 USDC denied Petition.
Florida Supreme Court – 3.850 Motion Appeal
FSC #95,116
773 So.2d 34 (Fla. 2000)
03/19/99 Appeal filed.
09/07/00 FSC affirmed denial of 3.850 Motion.
11/14/00 Rehearing denied.
Circuit Court – 3.850 Motion
CC #76-532
12/06/00 Motion filed.
10/10/01 Trial court denied Motion.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# SC01-1399
825 So. 2d 882 (Fla. 2002)
06/25/01 Petition filed.
02/28/02 FSC denied the petition.
04/15/02 Rehearing denied.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 02-01160
10/03/02 Petition filed.
10/16/02 Case administratively closed pending exhaustion of state remedies.
03/05/03 Case reopened.
08/04/03 Motion filed to stay proceedings until DNA testing is settled in state court.
08/12/03 Order directing administrative closure pending resolution of state proceedings.
01/11/06 Case reopened.
07/24/06 Amended Habeas Petition filed.
03/12/09 Petition denied; Case dismissed with prejudice.
03/20/09 Motion to alter judgment filed.
07/28/09 Motion denied.
Circuit Court – 3.850 Motion
CC #76-532
10/08/02 Motion filed.
01/10/03 Motion denied.
Circuit Court – 3.853 Motion
CC #76-532
03/18/03 Motion filed.
07/15/03 Motion denied.
Florida Supreme Court – 3.853 (DNA) Motion Appeal
FSC #03-1554
908 So.2d 321 (Fla. 2005)
09/02/03 Appeal filed.
04/28/05 FSC affirmed the denial of Sireci’s 3.853 Motion.
07/15/05 Rehearing denied.
08/01/05 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 05-6987
546 U.S. 1077
10/12/05 Petition filed.
12/12/05 Petition denied.
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-14402
(Pending)
08/26/09 Appeal filed.
Death Warrant Information:
08/25/82 Governor Graham signed death warrant.
09/17/82 Stay of execution granted by trial court.
09/10/86 Governor Graham signed death warrant.
09/26/86 Stay of execution granted by trial court.
Clemency Hearing:
03/11/82 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
The delay appears to arise from the length of time (four years) taken to decide the original Direct Appeal, as well as the five-and-a-half years (06/21/93 – 02/09/99) to decide a 3.850 Motion.
Case Information:
Sireci filed a Direct Appeal in the Florida Supreme Court on 01/14/77 citing fifteen issues. The FSC affirmed the conviction and sentence on 04/09/81.
Sireci filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 09/08/81, which was denied on 05/17/82.
On 08/25/82, Governor Graham signed a death warrant scheduling the execution for 09/24/82.
Sireci filed a federal Petition for Writ of Habeas Corpus and Stay of Execution in the U.S. District Court on 09/07/82. The USDC dismissed the Petition and denied the stay on 09/16/82.
Sireci filed a 3.850 Motion in the Circuit Court on 09/08/82. A Stay of Execution was ordered on 09/17/82 and was vacated on 03/20/84. The 3.850 Motion was denied on 11/03/83.
Sireci filed a 3.850 Motion Appeal in the Florida Supreme Court on 01/06/84, citing the following issues: exclusion of non-statutory mitigating circumstances, racial discrimination, ineffective assistance of counsel, and an unconstitutional sentencing system. The FSC affirmed the denial of the 3.850 Motion on 03/21/85.
Sireci filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 06/12/85, which was denied on 06/30/86.
On 09/10/86, Governor Graham signed a death warrant, and the execution was scheduled for 10/07/86.
Sireci filed a 3.850 Motion in the Circuit Court on 07/28/86. On 09/26/86, the trial court ordered an evidentiary hearing to be held and stayed the execution pending the outcome of the hearing. On 08/21/87, the trial court vacated the death sentence.
Sireci filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 09/25/86, again citing racial discrimination in sentencing. The FSC denied the Petition on 01/05/87.
On 09/26/87, the state filed an appeal of the trial court’s order for an evidentiary hearing. The FSC affirmed the lower court’s order on 01/05/87.
The State filed a 3.850 Motion Appeal on 07/24/87, appealing the vacating of the death sentence. The FSC affirmed the trial court’s granting of the 3.850 Motion and the vacating of the sentence on 12/22/88.
On 05/04/90, Sireci was resentenced to death. The jury recommended the death penalty by a vote of 11 to 1.
Sireci filed a Direct Appeal with the Florida Supreme Court on 05/16/90. Sireci contended the following issues: the trial court erred by not allowing Sireci to waive the jury sentence recommendation; the trial court erred in denying a motion for mistrial; the use of the cold, calculated and premeditated aggravating circumstance was ex post facto; the trial court erred in rejecting mitigating circumstances; the jury’s death penalty recommendation was unreliable; and Florida’s sentencing statute was unconstitutional. The FSC affirmed the death sentence on 09/19/91.
Sireci filed a Petition for Writ of Certiorari in the United States Supreme Court on 01/24/92. The Petition was denied on 03/23/92.
Sireci filed a 3.850 Motion in the Circuit Court on 06/21/93. He raised thirty-three claims. The Motion was denied on 02/09/99.
Sireci filed a federal Petition for Writ of Habeas Corpus in the United States District Court on 05/09/97. The Petition was denied on 03/01/99.
Sireci filed a 3.850 Motion Appeal in the Florida Supreme Court on 03/19/99, citing twenty-nine claims. The Motion was denied on 09/07/00.
Sireci filed a 3.850 Motion in the Circuit Court on 12/06/00, which was denied on 10/10/01.
Sireci filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 06/25/01. Sireci contended the following issues: claims of ineffective assistance of counsel, challenging the constitutionality of the death penalty statute of Florida, and cruel and unusual punishment. The FSC denied the Petition on 02/28/02.
Sireci filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District of Florida, on 10/03/02. On 10/16/02, the case was administratively closed pending exhaustion of state remedies. On 03/05/03, the case was reopened. On 08/04/03, Sireci filed a motion to stay proceedings until a DNA testing request was is settled in state court. The Florida Supreme Court issued an order directing administrative closure pending resolution of state proceedings on 08/12/03. On 01/11/06, the case was reopened. On 07/24/06, Sireci filed an Amended Petition for Habeas Corpus. On 03/12/09, an order was issued denying Sireci’s Habeas Petition and dismissing the case with prejudice. On 03/20/09, Sireci filed a Motion to Alter Judgment. This Motion was denied on 07/28/09.
Sireci filed a 3.850 Motion in the Circuit Court on 10/08/02. Sireci contended issues raised in the United States Supreme Court case of Ring v. Arizona. The Trial Court denied the Motion on 01/10/03.
Sireci filed a 3.853 Motion in the Circuit Court on 03/18/03, based on DNA testing of evidence. The Trial Court denied the Motion on 07/15/03.
Sireci filed a 3.853 Motion Appeal in the Florida Supreme Court on 09/02/03. On 04/28/05, the Florida Supreme Court affirmed the denial of Sireci’s 3.853 Motion.
On 10/12/05, Sireci filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 12/12/05.
On 08/26/09, Sireci filed a Habeas Corpus Appeal in the United States Court of Appeals. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
06/30/79 30 POSS OF NARCOTICS FSP
12/14/80 30 DISOBEYING ORDER FSP
09/21/82 0 POSS OF NARCOTICS CENTRAL OFFICE
03/18/83 0 POSS OF CONTRABAND FSP - WORK CAMP
08/30/91 30 POSS OF NEGOTIABLES FSP
09/17/97 180 REF. SUB. ABUSE TEST UNION C. I.
11/13/97 43 REF. SUB. ABUSE TEST UNION C. I.
12/04/97 0 POSS OF CONTRABAND UNION C. I.
________________________________________________________________________
Report Date: 06/22/01 JFL
Approved: 09/20/01 WS
Updated: 09/14/09 EMJ