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. 

 

ROUTLY, Dan (W/M)

DC#    076205

DOB: 06/12/55

 

­­­Fifth Judicial Circuit, Marion County Case # 79-1270

Sentencing Judge: The Honorable Carven Angel

Attorney, Trial: Jim Burke – Assistant Public Defender

Attorney, Direct Appeal: Raymond Goodman – Private

Attorney, Collateral Appeals:  Martin McClain – CCRC-S

 

Date of Offense:         06/17/79

Date of Sentence:       11/24/80

 

Circumstances of Offense:

 

In 1978, Dan Routly moved with his girlfriend, Colleen O’Brien, from Michigan to Ocala, Florida.  Shortly after arriving in Florida, O’Brien decided to leave Routly.  Anthony Bockini offered to assist her in returning to Michigan.  On two separate occasions, O’Brien moved in with Bockini, only to return to Routly. 

 

On 06/17/79, Routly went to see O’Brien at the home of Bockini, while he was doing volunteer work at a hospital.  When Bockini arrived home, Routly pulled a gun on Bockini, told him to lie down on the bed and then tied him up.  Routly then went through the house looking for money, breaking ceramic banks, and taking several radios.  Routly bound Bockini’s hands and feet, gagged him with a bandana, and put him in the trunk of his own car. 

 

Routly drove to a remote field, took Bockini out of the trunk, and shot him three times.  He then dragged Bockini’s body under some bushes.  Routly then picked up O’Brien, drove to pick up another girlfriend, Mary Avery, and then drove to Tallahassee, where he put Avery on a bus to Miami.  Routly and O’Brien then drove to Louisiana.  Routly admitted to the murder to his brother, O’Brien, and Avery. 

 

Later in 1979, O’Brien was arrested in Flint, Michigan, and, while in custody, she told police about the Bockini murder and implicated Routly in the crime.  Routly was later arrested and waived extradition. 

 

 

Additional Information:

 

O’Brien testified against Routly at trial, in exchange for full immunity from prosecution. 

 

Routly died of natural causes on 08/11/99. 

Trial Summary:

 

12/05/79          Charged by Information on one count of Second-Degree Murder

12/18/79          Grand Jury reconvened and indicted on one count of First-Degree Murder

07/18/80          Jury returned a guilty verdict and recommended a sentence of Life

11/24/80          Judge overrode jury recommendation and imposed a sentence of Death

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 60,066

440 So.2d 1257

 

12/29/80          Appeal filed

09/22/83          FSC affirmed conviction and sentence

12/12/83          Rehearing denied

01/17/84          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 83-6405

468 U.S. 1220

 

03/19/84          Petition filed

07/05/84          USSC denied Petition

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 69,089

502 So.2d 901

 

07/28/86          Petition filed

02/12/87          FSC denied Petition

 

Circuit Court – 3.850 Motion

CC# 79-1270

 

01/02/87          Motion filed

06/22/87          Motion amended

03/17/89          CC denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 73,963

590 So.2d 397

 

04/04/89          Appeal filed

10/17/91          FSC affirmed denial of 3.850 Motion

01/02/92          Rehearing denied

 

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 91-95

 

08/27/91          Petition filed

02/26/92          Petition amended

04/12/93          USDC denied Petition

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 93-2930

33 F.3d 1279

 

07/14/93          Appeal filed

09/19/94          USCA affirmed denial of Habeas Petition

12/21/94          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 94-9328

515 U.S. 1166

 

05/11/95          Petition filed

06/26/95          USSC denied Petition

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 86,551

675 So.2d 121

 

10/03/95          Petition filed

02/29/96          FSC denied Petition, without opinion

05/06/96          Rehearing denied

 

 

Death Warrant:

 

04/21/88          Governor Martinez signed a death warrant

06/08/88          Circuit Court issued a stay of execution

 

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

No unreasonable delays in the case.

 

 

Case Information:

 

Routly filed a Direct Appeal with the Florida Supreme Court on 12/29/80, citing the following errors: failing to suppress the tape-recorded confession; extending the speedy trial rule; and finding the following aggravating factors: during the course of a kidnapping, avoiding or preventing a lawful arrest or effecting an escape from custody, pecuniary gain, and heinous, atrocious, or cruel murder.  On 09/22/83, the FSC affirmed the conviction and sentence. 

 

Routly filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/19/84 that was denied on 07/05/84. 

 

Routly filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 07/28/86, alleging ineffective assistance of counsel.  On 02/12/87, the FSC denied the Petition. 

 

Routly filed a 3.850 Motion with the Circuit Court on 01/02/87 and amended the Motion on 06/22/87.  On 03/17/89, the Circuit Court denied the Motion. 

 

Routly filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/04/89, citing the following errors: withholding of evidence by the State, allowing the state’s witness to commit perjury, ineffective assistance of counsel, and refusing to consider nonstatutory mitigation.  On 10/17/91, the FSC affirmed the denial of the 3.850 Motion. 

 

Routly filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 08/27/91, alleging ineffective assistance of counsel.  On 02/26/92, Routly amended the Petition, and on 04/12/93, the USDC denied the Petition. 

 

Routly filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, alleging ineffective assistance of counsel.  On 09/19/94, the USCA affirmed the denial of the Petition. 

 

Routly filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/11/95 that was denied on 06/26/95. 

 

Routly filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/03/95, citing error in failing to allow self-representation and appointing the Capital Collateral Representative as counsel.  On 02/29/96, the FSC denied the Petition, without opinion. 

 

Routly died of natural causes on 08/11/99. 

 

 

 

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       

04/06/84               60                           POSS OF WEAPONS                          NEW RIVER "O" UNIT 

08/29/85               15                           FEIGNING ILLNESS OR                  FLORIDA STATE PRISON

12/04/85               45                           POSS OF NARCOTICS                      FLORIDA STATE PRISON

12/08/85               15                           POSS OF NEGOTIABLES                 FLORIDA STATE PRISON

04/03/86               10                           POSS OF NEGOTIABLES                 FLORIDA STATE PRISON

01/14/88               15                           POSS OF NEGOTIABLES                 FLORIDA STATE PRISON

10/27/90               60                           POSS OF NARCOTICS                      FLORIDA STATE PRISON

________________________________________________________________________

 

Report Date:   04/18/06          JFL