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.
DOWNS, Ernest (W/M)
DC# 063143
DOB: 08/11/48
Fourth Judicial Circuit, Duval County Case # 77-2874
Sentencing Judge: The Honorable Dorothy Pate
Attorney, Trial: Richard Lovett Brown – Private
Attorney, Direct Appeal: Richard Lovett Brown – Private
Attorney, Collateral Appeals: Christopher Anderson – Registry; Robert Grossman, Erica E. Paulson, Scott S. Balber, & Justin Uhlemann- Federal
Date of Offense: 04/23/77
Date of Sentence: 01/27/78
Date of Resentence: 02/17/89
Circumstances of Offense:
Ernest Downs was involved in a murder-for-hire scheme and was paid $5,000 to kill Forrest Harris.
Ron Garelick, a general life insurance agent and business associate of Forrest Harris, obtained a $400,000 insurance policy on Harris' life, naming as beneficiary a jointly-owned Garelick-Harris corporation. Garelick knew John Barfield as a business acquaintance and solicited his help in obtaining individuals to kill Harris for the insurance money. Garelick offered Barfield $125,000 from the insurance proceeds as compensation for arranging the murder.
In April, 1976, Barfield contacted Gerry Sapp and Huey Palmer, two of his former employees, and offered them $10,000 and $25,000, respectively, to kill Harris. They each testified that they refused this offer.
In April, 1977, Barfield approached Ernest Downs with an offer of $5,000 to kill Harris. Downs accepted the offer and enlisted the aid of Larry Johnson to carry out the murder.
On 04/23/77, Downs and Johnson lured Harris to a remote location with a fictitious drug deal. When Harris arrived, Downs shot Harris four times in the head with a .25 caliber automatic pistol. After Downs and Johnson dragged the body off into the bushes, Downs fired another shot into Harris’ chest to make sure he was dead.
Codefendant Information:
The contract killing was part of a conspiracy that involved four other men, who all had previously failed to kill Harris. Larry Johnson and Huey Palmer, in exchange for testimony, received complete immunity from prosecution or had their charges dropped. Gerry Sapp accepted a plea bargain and was sentenced to five years imprisonment. Ron Garelick died in a plane crash two days after Harris’ body was discovered. The originator of the murder conspiracy, John Barfield, was originally sentenced to death; however, his sentence was later reduced to life imprisonment.
Trial Summary:
08/11/77 Indicted as follows:
Count I First-Degree Murder
Count II Conspiracy to Commit First-Degree Murder
12/16/77 Jury returned guilty verdicts on all counts of the indictment
12/20/77 Jury recommended a death sentence by a vote of 12-0
01/27/78 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Conspiracy to Commit First-Degree Murder - 30 years
09/09/87 FSC granted Petition for Writ of Habeas Corpus and Stay of Execution,
vacated the death sentence, and remanded to the trial court for a new sentencing proceeding
02/03/89 Jury recommended a death sentence by a vote of 8-4
02/17/89 Resentenced to death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 53,524
386 So.2d 788
03/02/78 Appeal filed
05/22/80 FSC affirmed conviction and sentence
09/12/80 Rehearing denied
09/30/80 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 80-5103
449 U.S. 976
08/04/80 Petition filed
11/03/80 USSC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 59,865
402 So.2d 609
10/24/80 Petition filed
05/19/81 FSC denied Petition without prejudice to allow filing of a 3.850 Motion
Circuit Court – 3.850 Motion
CC# 77-2874
06/21/82 Motion filed
08/12/83 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 64,184
453 So.2d 1102
08/26/83 Appeal filed
06/21/84 FSC affirmed denial of 3.850 Motion
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 66,116
476 So.2d 654
11/02/84 Petition filed
08/29/85 Petition denied
Florida Supreme Court – Petition for Writ of Habeas Corpus and Stay of Execution
FSC# 71,100
514 So.2d 1069
09/08/87 Petition filed
09/09/87 FSC granted Petition and Stay of Execution, vacated the death sentence,
and remanded for a new sentencing proceeding
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 73,988
572 So.2d 895
03/29/89 Appeal filed
09/20/90 FSC affirmed death sentence
01/03/91 Rehearing denied
02/04/91 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 90-7988
502 U.S. 829
04/26/91 Petition filed
10/07/91 Petition denied
Circuit Court – 3.850 Motion
CC# 77-2874
11/30/92 Motion filed
03/13/97 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 90,510
740 So.2d 506
05/12/97 Appeal filed
05/20/99 FSC affirmed denial of 3.850 Motion
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 00-2186
801 So.2d 906
10/18/00 Petition filed
09/26/01 Petition denied
12/03/01 Rehearing denied
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 01-1399
(Pending)
12/12/01 Petition filed
08/09/02 Administratively closed until either FSC ruling on Bottoson/King
or Downs’ Ring claims and ineffective assistance claims are decided
03/22/04 Case reopened
10/25/04 USDC dismissed petition
03/24/08 Remanded from USCA
Circuit Court – 3.850 Motion
CC # 77-2874
05/30/03 Motion filed
11/18/03 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-345
977 So. 2d 572
03/01/04 Appeal filed
12/13/07 FSC affirmed denial of 3.850 motion
12/28/07 Motion for rehearing
03/11/08 Rehearing denied
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 05-10210
520 F.3d 1311
12/27/04 Appeal filed
03/24/08 Vacated USDC judgment and remanded
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 08-5910
129 S. Ct. 450
07/31/08 Petition filed
10/14/08 Petition denied
Circuit Court – 3.850 Motion
CC# 77-2874
(Pending)
05/21/08 Motion filed
Death Warrant Information:
08/18/87 Governor Martinez signed a death warrant and execution was
scheduled for 09/17/87
09/09/87 FSC granted a Stay of Execution
Clemency Hearing:
06/23/82 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
The delay arises from Downs’ resentencing on 02/17/89, filing of multiple Habeas Petitions, and the 3.850 Motion that was pending from 11/30/92 – 03/13/97.
Case Information:
Downs filed a Direct Appeal with the Florida Supreme Court on 03/02/78, citing fifteen errors; however, the FSC chose to comment on only one error, finding the other alleged errors to be without merit. Downs alleged that he was denied an impartial jury, arguing that five jurors were improperly excused for cause because they indicated that they unable to vote for the death penalty, but were able to determine guilt. The FSC rejected this argument, and on 05/22/80, affirmed Downs’ conviction and sentence.
Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/04/80 that was denied on 11/03/80.
Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/24/80 that was denied without prejudice on 05/19/81 to allow Downs to file a 3.850 Motion with the trial court.
Downs filed a 3.850 Motion with the circuit court on 06/21/82 that was denied on 08/12/83.
Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/26/83, citing numerous issues, which the FSC found to be without merit, choosing only to comment on Downs’ claim of ineffective assistance of trial counsel. The FSC found that Downs’ claim of ineffective assistance of trial counsel was unfounded, and on 06/21/84, the FSC affirmed the trial court’s denial of the 3.850 Motion.
Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 11/02/84, arguing ineffective assistance of appellate counsel. The FSC found that Downs failed to prove ineffective representation and prejudice to his case, and on 08/29/85, the court denied his Petition.
Downs filed a Petition for Writ of Habeas Corpus and Stay of Execution with the Florida Supreme Court on 09/08/87, arguing that the trial court precluded the jury from considering all mitigating evidence, both statutory and non-statutory, which is contrary to the U.S. Supreme Court’s ruling in Hitchcock v. Dugger (1987). The FSC agreed with Downs’ argument and on 09/09/87, the court granted the Petition, stayed the execution, vacated the death sentence, and remanded the case to the trial court for a new sentencing proceeding.
A resentencing jury recommended a death sentence by a vote of 8-4, and Downs was
resentenced to death on 02/17/89.
Downs filed a Direct Appeal, after resentencing, with the Florida Supreme Court on 03/29/89, citing the following errors: exclusion of testimony of Downs’ grandmother; admission of Johnson’s testimony; exclusion of mitigating circumstances from the jury’s consideration; quashing Downs’ subpoena to question the prosecutor in the original Direct Appeal about plea bargains given to the other conspirators; failure to instruct the jury regarding lingering doubt about Downs as the triggerman; giving the jury a non-statutory aggravating circumstance (future dangerousness); not requiring Downs’ presence in court when answering a question during jury deliberations; lack of discussion about mitigating circumstances in the sentencing order; and disproportionate punishment compared to the other conspirators. The FSC affirmed the conviction and sentence on 09/20/90.
Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/26/91 that was denied on 10/07/91.
Downs filed a 3.850 Motion with the trial court on 11/30/92 that was denied on 03/13/97.
Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/12/97, raising fourteen points on appeal, but the FSC only chose to respond to Downs’ claims regarding public records requests, withheld exculpatory evidence, claims of ineffective assistance of counsel, and vague and invalid aggravating circumstances. On 05/20/99, the FSC affirmed the lower court’s denial of the 3.850 Motion.
Downs filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/18/00, alleging twelve claims of ineffective assistance of counsel. The FSC denied the Petition on 09/26/01.
Downs filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 12/12/01. On 08/09/02, the USDC administratively closed the case until either FSC ruling on Bottoson/King or Downs’ Ring claims and ineffective assistance claims are decided. On 03/22/04, the case was reopened. On 10/25/04, the USDC dismissed the petition.
Downs filed a 3.850 Motion with the circuit court on 05/30/03 that was denied on 11/18/03.
Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/01/04 that is pending.
On 12/27/04, Downs filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, and on 03/24/08 they vacated the lower courts judgment and remanded the case.
Downs filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/31/08 that was denied on 10/14/08.
Downs filed a successive 3.850 Motion with the Circuit Court on 05/21/08. This motion is pending.
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
11/24/78 60 POSS OF NARCOTICS R.M.C.- MAIN UNIT
02/23/80 60 ASSAULTS OR ATTEMPT R.M.C.- MAIN UNIT
09/24/80 30 POSS OF NARCOTICS R.M.C.- MAIN UNIT
02/10/82 0 POSS OF NEGOTIABLES CENTRAL OFFICE
08/04/82 0 POSS OF NARCOTICS CENTRAL OFFICE
07/13/90 15 POSS OF CONTRABAND FLORIDA STATE PRISON
10/14/94 0 UNAUTH USE OF DRUGS UNION C. I.
05/10/99 119 REFUSED SUB. ABUSE TEST UNION C. I.
05/10/99 180 POSS OF NARCOTICS UNION C. I.
05/18/99 0 POSS OF NARCOTICS UNION C. I.
08/15/01 30 POSS OF CONTRABAND UNION C. I.
12/12/03 0 DISOBEYING ORDER UNION C. I.
________________________________________________________________________
Report Date: 07/25/02
JFL
Approved: 08/06/02 WS
Updated: 10/04/10 EMJ