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.
MAREK, John Richard (W/M)
DC# 094417
DOB: 09/17/61
Seventeenth Judicial Circuit, Broward County, Case# 83-7088
Sentencing Judge: The Honorable Stanton S. Kaplan
Attorney, Trial: Robert Carney – Private
Attorney, Direct Appeal: Bruce H. Little – Private
Attorney, Collateral Appeals: Martin J. McClain – Registry
Date of Offense: 06/16/83
Date of Sentence: 07/03/84
Circumstances of the Offense:
Around 11 p.m. on 06/16/83, two women were returning home from a vacation via the Florida Turnpike when their car broke down. John Marek and Raymond Wigley stopped and attempted to fix the two women’s car. When Marek and Wigley were unable to fix the car, Marek persuaded one of the women, Adella Marie Simmons, to ride with the two men to a service station.
Marek and Wigley took the 47-year-old victim to a desolate beach approximately 60 miles from the car. The two men dragged Simmons to the observation room of a lifeguard stand. In the observation room, Simmons’ shorts were removed, and her pubic hairs and one finger were burned. Wigley testified that the victim was forced to perform oral sex and was sexually assaulted repeatedly. Simmons was then strangled with a bandana at approximately 3:00 to 3:30 a.m.
At approximately 3:30 a.m. on 06/17/83, an officer observed a truck parked approximately 100 yards from the lifeguard tower. The officer spoke with both Wigley and Marek before releasing them. Around 7:00 a.m., a lifeguard found the victim’s body. At 11:30 that night, both Wigley and Marek were arrested because the truck they were driving was stolen. When the truck was searched, the Simmons’ jewelry and a gun were found. The arrest led to both Wigley and Marek being arrested for the murder of Simmons.
Fingerprints found at the lifeguard tower matched both Wigley and Marek. Only Marek’s prints were found inside the observation deck where Simmons’ body was found.
Codefendant Information:
Raymond Dewayne Wigley (DC# 094065)
Wigley was sentenced on 05/29/84 as follows (CC# 83-7088):
Count I: First-Degree Murder – Life with 25 years mandatory
Count II: Kidnapping – 12 years to run consecutive with Count I
Count III: Burglary – 5 years to run consecutive to Count I and concurrentwith Count II
Count IV: Sexual Battery – 90 years to run consecutive to Count I andconcurrent to Count II and III
All of these sentences are to run consecutive to the six months that Wigley was serving for contempt of court.
While in prison, Wigley died of natural causes.
Trial Summary:
07/06/83 Indicted as follows:
Count I: First-Degree Murder
Count II: Kidnapping
Count III: Burglary
Count IV: Sexual battery
Count V: Sexual Battery
07/20/83 Defendant pled not guilty.
09/28/83 Court granted motion to sever.
06/01/84 Defendant was found guilty on all counts of the indictment.
06/05/84 Jury recommended death by a vote of 10-2.
07/03/84 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Kidnapping – 30 years to be served consecutively to Count I.
Count III: Lesser Included Offense of Criminal Attempt: Burglary with an Assault – 9 years to be served
consecutively to Count I and concurrently with Count II.
Count IV: Lesser Included Offense of Battery – Sentence suspended by the Court.
Count V: Lesser Included Offense of Battery – Sentence suspended by the Court.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 65,821
492 So. 2d 1022 (Fla. 1986)
09/04/84 Appeal filed
06/26/86 FSC affirmed the conviction and sentence
09/08/86 Rehearing denied
10/08/86 Mandate issued
State Circuit Court – 3.850 Motion
CC# 83-7088CF-10B
10/10/88 Motion filed
11/07/88 Motion denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 73,175
547 So. 2d 109 (Fla. 1989)
10/12/88 Petition filed
05/11/89 Petition denied
08/29/89 Rehearing denied
08/29/89 Mandate issued
Florida Supreme Court – 3.850 Appeal
FSC# 73,278
547 So. 2d 109
11/07/88 Appeal filed
05/11/89 FSC affirmed the trial’s court denial of the 3.850 Motion
08/29/89 Rehearing denied
08/29/89 Mandate issued
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 89-6824
10/10/89 Petition filed
10/01/90 Petition denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 90-6083
62 F.3d 1295
12/28/90 Appeal filed
08/14/95 USCA affirmed the USDC’s denial of the Habeas Petition
11/06/95 Rehearing denied
11/14/95 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 80,351
626 So. 2d 160
08/18/92 Petition filed
09/02/93 Petition denied
11/17/93 Rehearing denied
State Circuit Court – 3.850 Motion
CC# 83-7088CF-10B
07/26/93 Motion filed
12/06/96 Amended Motion filed
09/05/03 Motion denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 93-8029
511 U.S. 1100
02/15/94 Petition filed
05/16/94 Petition denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 95-9105
519 U.S. 838
05/28/96 Petition filed
10/07/96 Petition denied
Florida Supreme Court – 3.850 Appeal
FSC# 04-229
940 So.2d 427
02/16/04 Appeal filed
06/16/06 The FSC affirmed the Circuit Court’s denial of Marek’s 3.850 Motion
09/21/06 Motion for Rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-1491
940 So.2d 427
08/22/05 Petition filed
08/24/05 Petition stricken for non-compliance (exceeding 50 pages)
09/06/05 Proper petition filed
06/16/06 Petition denied
09/21/06 Motion for Rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 06-9700
550 U.S. 910
12/20/06 Petition filed
04/23/07 Petition denied
State Circuit Court – 3.851 Motion
CC# 83-7088CF-10B
05/11/07 Motion filed
07/18/08 1st Amended Motion filed
04/23/09 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 09-765
8 So.3d 1123
04/29/09 Appeal filed
05/04/09 Oral Arguments held
05/08/09 Disposition affirmed, Appeal denied
05/08/09 Mandate issued
State Circuit Court – 3.851 Motion
CC# 83-7088CF-10B
05/01/09 Motion filed
05/06/09 Emergency Hearing held
05/08/09 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 09-821
11 So.3d 355
05/09/09 Appeal filed
05/11/09 Request for Stay of Execution and Oral Arguments filed
05/11/09 Execution stayed, pending Oral Arguments
05/20/09 Oral Arguments held
05/21/09 Denial reversed, remanded for a new Evidentiary Hearing in the Circuit Court under a different judge
State Circuit Court – 3.851 Motion
CC# 83-7088CF-10B
06/02/09 Evidentiary Hearing held
06/04/09 Motion filed
06/19/09 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 09-1080
06/25/09 Appeal filed
07/01/09 Oral Arguments held
07/16/09 FSC affirmed CC denial of post-conviction relief, and lifted the Stay of Execution
07/16/09 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari and Application for Stay of Execution
USSC# 09-5778
08/06/09 Petition for Writ of Certiorari and Application for Stay of Execution filed
08/19/09 Petition and Application denied
State Circuit Court – 3.851 Motion
CC# 83-7088CF-10B
08/05/09 Motion filed
08/17/09 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 09-1454
08/17/09 Appeal filed
08/19/09 FSC affirmed CC denial of post-conviction relief
United States Supreme Court – Petition for Writ of Certiorari and Application for Stay of Execution
USSC# 09-5943
08/18/09 Petition for Writ of Certiorari and Application for Stay of Execution filed
08/19/09 Petition and Application denied
United States Supreme Court – Petition for Writ of Certiorari and Application for Stay of Execution
USSC# 09-5998
08/19/09 Petition for Writ of Certiorari and Application for Stay of Execution filed
08/19/09 Petition and Application denied
Warrants:
09/12/88 Death Warrant signed by Governor Bob Martinez
11/08/88 FSC granted stay of execution
09/07/89 Death Warrant signed by Governor Bob Martinez
10/10/89 USDC granted stay of execution
04/20/09 Death Warrant signed by Governor Charlie Christ
05/11/09 FSC granted stay of execution
08/19/09 Marek executed by lethal injection.
Clemency:
02/10/88 Clemency hearing held (denied)
Factors Contributing to the Delay in the Imposition of the Sentence:
The Habeas Appeal filed to the United States Court of Appeals, 11th Circuit, was pending for four years. The 3.850 Motion filed to the Circuit Court on 07/26/93 was denied 10 years later on 09/05/03.
Case Information:
On 09/04/84, Marek filed a Direct Appeal to the Florida Supreme Court. Among several issues raised within the appeal, the main issue was that the trial judge erred in sentencing Marek to death while Wigley was sentenced to life. The Court found this argument to be without merit and affirmed Marek’s conviction and sentence on 06/26/86. The rehearing was denied on 09/08/86 and the mandate was issued on 10/08/86.
Marek filed a 3.850 Motion to the Circuit Court on 10/10/88. The motion was denied on 11/07/88.
On 10/12/88, Marek filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court. On 11/07/88, he filed a 3.850 Appeal to the same court. The Court found no basis for the Habeas Corpus relief and affirmed the trial court’s denial of the 3.850 Motion on 05/11/89. The rehearing was denied on 08/29/89.
On 10/10/89, Marek filed a Petition for Writ of Habeas Corpus to the United States District Court, which was denied on 10/01/90. He then filed a Habeas Appeal to the United States Court of Appeal, 11th Circuit on 12/28/90. He raised five issues on appeal. The Court of Appeals found no merit in the ineffective counsel claims and affirmed the USDC judge’s decision on the remaining issues. Therefore, the Court of Appeals affirmed the USDC’s denial of relief on 08/14/95. The rehearing was denied on 11/06/95 and the mandate was issued on 11/14/95.
Marek filed another Petition for Writ of Habeas Corpus to the Florida Supreme Court on 08/18/92. The main issue raised in the petition was that the jury received unconstitutional instructions pertaining to the application of the heinous, atrocious, and cruel aggravating factor. The issue was found to be procedurally barred. The petition was denied 09/02/93. The rehearing was denied on 11/17/93.
On 07/26/93, Marek filed another 3.850 Motion to the Circuit Court, which was denied 09/05/03.
On 02/15/94, Marek filed a Petition for Writ of Certiorari to the United States Supreme Court, pertaining to the Florida Supreme Court’s denial of the Habeas petition. The petition was denied on 05/16/94. He then filed another Petition for Writ of Certiorari to the United States Supreme Court, pertaining to the United States Court of Appeals’, 11th Circuit, affirmation of the USDC’s denial of the Habeas petition on 05/28/96. The petition was denied on 10/07/96. On 09/21/06, the Motion for Rehearing was denied.
On 02/16/04, Marek filed a 3.850 Appeal to the Florida Supreme Court. Subsequently, Marek filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 08/22/05. On 08/24/05, the petition was stricken for non-compliance (exceeding 50 pages in length) with Florida Rule of Appellate Procedure 9.100; on 09/06/05, a proper petition was filed. Marek’s Motion to Continue Oral Argument was granted on 05/11/06; thus, the 3.850 Appeal and the Habeas Petition, which were scheduled for oral argument on 06/0706, had been removed from the oral argument calendar. Although the Court initially scheduled oral argument for these cases, the Court concluded, upon further review, that it was unnecessary in light of the clarity of the issues and the successive posture of the cases. Finding no merit to any of Marek’s claims, the Court affirmed the denial of his 3.850 Motion and denied his Habeas Petition on 06/16/06. On 09/21/06, the Motion for Rehearing was denied.
On 12/20/06, Marek filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 04/23/07.
On 05/11/07, Marek filed a 3.851 Motion in the Circuit Court. On 07/18/08, Marek filed an amended motion in the Circuit Court. This 3.851 Motion was denied on 04/23/09.
On 04/29/09, Marek filed a 3.851 Appeal in the Florida Supreme Court. Oral Arguments were held on 05/04/09. On 05/08/09, the Florida Supreme Court affirmed the lower court’s disposition and denied the 3.851 Appeal. On 05/08/09, a mandate was issued in this case.
On 05/04/09, Marek filed a 3.851 Motion in the Circuit Court. An emergency hearing was held on 05/06/09. This motion was denied on 05/08/09.
On 05/09/09, Marek filed a 3.851 Appeal in the Florida Supreme Court. On 05/11/09, Marek filed a Motion for Stay of Execution and Request for Oral Arguments. Both of these requests were granted the same day. The Florida Supreme Court granted a stay of execution pending Oral Arguments, which was held on 05/20/09. On 05/21/09, the Florida Supreme Court reversed the lower court’s denial of the 3.851 motion and remanded for a new evidentiary hearing in the circuit court under a different judge. A new order is due 30 days from 05/21/09.
On 06/02/09, an Evidentiary Hearing was held in the Circuit Court. On 06/04/09, Marek filed a 3.851 Motion which was denied on 06/19/09.
On 06/25/09, Marek filed a 3.851 Appeal in the Florida Supreme Court. Oral Arguments were held 07/01/09. On 07/16/09, the Florida Supreme Court affirmed the lower court’s disposition and denied the 3.581 Appeal, and lifted the Stay of Execution. A mandate was issued on 07/16/09.
On 08/06/09, Marek filed a Petition for Writ of Certiorari an Application for Stay of Execution to the United States Supreme Court. On 08/19/09, the Petition and Application were denied.
On 08/05/09, Marek filed a 3.851 Motion in the Circuit Court. This motion was denied on 08/17/09.
On 08/19/09, Marek appealed the Circuit Court denial of the 3.851 Motion in the Florida Supreme Court. On 08/19/09, the Florida Supreme Court affirmed the lower court’s disposition and denied the 3.581 Appeal.
On 08/18/09, Marek filed a Petition for Writ of Certiorari and an Application for Stay of Execution to the United States Supreme Court, and both were denied on 08/19/09.
On 08/19/09, Marek filed a Petition for Writ of Certiorari and an Application for Stay of Execution to the United States Supreme Court, and both were denied on 08/19/09.
Marek was executed via lethal injection on 08/19/09.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
05/26/87 |
15 |
POSS OF UNAUTH BEV. |
FLORIDA STATE PRISON |
|
02/01/88 |
45 |
ASSAULTS OR ATTEMPT |
FLORIDA STATE PRISON |
|
12/12/93 |
0 |
POSS OF CONTRABAND |
UNION C. I. |
Report date: 01/22/02 NMP
Approved: 01/30/02 WS
Updated: 08/24/09 EMJ