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 on for statistical or legal purposes.
BLACKWELDER, John (W/M)
DC #069574
DOB: 12/10/54
Third Judicial Circuit, Columbia County, Case #00-513
Sentencing Judge: The Honorable E. Vernon Douglas
Attorney, Criminal Trial: Victor Africano, Esq. – Private, Assigned by the Court
Attorney, Direct Appeal: W.C. McClain – Assistant Public Defender
Attorney, Collateral Appeals: George W. Blow, III - Registry
Date of Offense: 05/06/00
Date of Sentence: 08/06/01
Circumstances of Offense:
John Blackwelder pled guilty to the 05/06/00 murder of Raymond Wigley. Both men were inmates at Columbia Correctional Institution at the time of the murder.
Inmates John Blackwelder and Raymond Wigley consented to a sexual encounter together in May of 2000. Knowing that Wigley would badger him for sex, Blackwelder devised a plan to murder him.
On 05/06/00, Wigley proceeded to Blackwelder’s cell and asked for sex. Prior to the proposition, Blackwelder had hidden several pieces of cord around his bunk so he could restrain Wigley when the opportunity arose. Blackwelder consented to the proposition for sex and tied up Wigley after he had disrobed. Wigley allowed Blackwelder to bind his hands and feet to the bed and to tie a towel around his mouth. Blackwelder positioned himself on top of Wigley’s back and strangled him with a piece of the cord that he had hidden near his bunk. Prior to his death, Wigley was strangled for nearly ten minutes while pleading for his life.
Blackwelder then alerted prison authorities about the murder.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
10/31/1975 |
SEX BATT/CARNAL INTERC. U/18 |
9/10/1979 |
MIAMI-DADE |
|
16Y |
|
5/1/1996 |
SEX BAT BY ADULT/VCTM UNDER 12 |
7/1/1998 |
ST. LUCIE |
9701758 |
LIFE |
|
5/1/1996 |
SEX BAT BY ADULT/VCTM UNDER 12(ATTEMPTED) |
7/1/1998 |
ST. LUCIE |
9701758 |
30Y |
|
5/1/1996 |
LEWD ASLT/SEX BAT VCTM<16 |
7/1/1998 |
ST. LUCIE |
9701758 |
15Y |
|
5/1/1996 |
LEWD ASLT/SEX BAT VCTM<16 |
7/1/1998 |
ST. LUCIE |
9701758 |
15Y |
|
5/1/1996 |
LEWD ASLT/SEX BAT VCTM<16 |
7/1/1998 |
ST. LUCIE |
9701758 |
15Y |
|
5/1/1996 |
LEWD ASLT/SEX BAT VCTM<16 |
7/1/1998 |
ST. LUCIE |
9701758 |
15Y |
|
5/1/1996 |
LEWD ASLT/SEX BAT VCTM<16 |
7/1/1998 |
ST. LUCIE |
9701758 |
15Y |
NOTE: John Blackwelder was incarcerated for the above offenses at the time of the murder of fellow inmate Raymond Wigley.
Trial Summary:
05/11/00 The defendant was indicted on the following:
Count I: First-Degree Murder
03/15/00 The defendant pled guilty to First-Degree Murder.
06/13/01 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the imposition of the death penalty.
08/06/01 The defendant was sentenced as follows:
Count I: First-Degree Murder - Death
Appeal Summary:
FSC #SC01-2058
851 So.2d 650
09/13/01 Appeal filed.
07/03/03 FSC affirmed the conviction and sentence of death.
07/30/03 Mandate issued
Factors contributing to the delay in the imposition of the sentence
There were no unreasonable delays in this case.
Additional Information
On 07/14/03, Blackwelder filed a motion in the State Circuit Court to shut down any future appeals, dismiss any defense attorneys assigned to his case and waive his right to an Executive Clemency Hearing.
Warrants
04/28/04 Governor Bush signed a death warrant.
05/25/04 Execution set.
05/20/04 Anticipatory Response to Motion for Stay of Execution filed by the State.
05/25/04 Execution postponed 24 hours by Governor Bush and rescheduled for 05/26/04.
05/26/04 Executed.
Case Information:
On 09/13/01, Blackwelder filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the jury’s advisory sentence was not the “product of adversarial testing because he actively sought jurors with pro-death penalty views.” Blackwelder also claimed that the trial court erred because it copied portions of the State’s sentencing memorandum nearly verbatim in its sentencing order. The Florida Supreme Court found these claims to be procedurally barred since Blackwelder did not preserve them for appeal. The court also found the claims to be lacking in merit. Blackwelder next contended that the “prior violent felony” aggravator should have been stricken because his prior crimes were not violent “per se.” The Florida Supreme Court noted that Blackwelder was convicted of capital sexual battery and attempted capital sexual battery, which are unarguably crimes of violence. Finally, Blackwelder argued that Florida’s capital sentencing scheme is unconstitutional in violation of Ring v. Arizona[1]. Specifically, Blackwelder alleged that each proposed aggravating circumstance should have been submitted in the indictment, presented to a jury and found by individual unanimous verdicts. The Florida Supreme Court denied relief on the claim. The Florida Supreme Court also noted that Blackwelder’s conviction was supported by sufficient evidence and withstood a proportionality review, even though Blackwelder did not raise either issue in the appeal. The Florida Supreme Court affirmed the conviction and sentence of death on 07/03/03.
On 04/28/04, Governor Bush signed a death warrant for Blackwelder and set his execution for 05/25/04. The State filed an Anticipatory Response to a Motion for Stay of Execution on 05/20/04. Governor Bush postponed Blackwelder’s execution for 24 hours on 05/25/04 to look into the claim that another inmate confessed to killing Wigley. The execution was rescheduled for 05/26/04.
John Blackwelder was executed 05/26/04.
Institutional Adjustment: JOHN BLACKWELDER DC #069574
DATE DAYS VIOLATION LOCATION
-------- ------- ------------------- -------------------
01/11/00 60 SPOKEN THREATS COLUMBIA C.I.
07/28/03 - ew
09/01/03 – approved – ws
05/27/04 – updated - ew
[1] Ring v. Arizona – United States Supreme Court decision regarding capital punishment sentencing. The Florida Supreme Court notes “Ring rests on Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), which held that, `other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.’ ”