The Commission on Capital Cases updates this information regularly

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.

WILLIAMSON, Johnny (W/M)

DC # 096448

DOB: 10/25/42

Third Judicial Circuit, Dixie County, Case #85-130

Sentencing Judge: The Honorable L. Arthur Lawrence

Attorney, Trial: Daniel A. McKeever, Jr. – Special Appointed Public Defender

Attorney, Direct Appeal: David Davis – Assistant Public Defender

Attorney, Collateral Appeals: Harry Brody – Registry

Date of Offense: 06/20/85

Date of Sentence: 05/08/86

Circumstances of Offense:

Johnny Williamson, along with codefendants Omer Williamson (no relation) and “Chickenhead” Robertson were inmates at Cross City Correctional Institution at the time of the murder of inmate Daniel Drew. Johnny Williamson was serving a nine-year sentence for a 1984 robbery conviction.

While in prison, Johnny Williamson and Omer Williamson were involved in the sale and distribution of drugs. Omer owed inmate Daniel Drew $15 from a previous marijuana sale but decided not to give him the money because he believed Drew was lying to him. Upon hearing this, Williamson told Omer that they would have to kill Drew because he was a “country boy” and would be a threat to Omer if the debt was not repaid. When another inmate, “Chickenhead” Robertson, learned that Williamson and Omer were planning to kill Drew, he offered to find a knife for them to use in the murder. When Robertson and Williamson were unable to locate a weapon, Omer returned to his cell and removed a metal rod from his sink that had previously been sharpened to a point by Daniel Drew.

On 06/20/85, Williamson, Omer, and Robertson proceeded to the maintenance shop where Drew was working and asked another inmate to send him out to talk to Williamson and Omer. Robertson was to act as a lookout during the confrontation. When Drew came outside, Williamson gave him $5, telling Drew that he was having difficulty getting the rest of the money and would need a knife to obtain it. Drew then gave Williamson a knife he had made. At this point, Williamson signaled Omer, who grabbed Drew from behind by the throat. Williamson stabbed him and a struggle ensued. Omer threw Drew to the ground, kicking him in the head. After watching the beating for a short while, Omer became “grossed out,” gave the metal rod to Williamson, and left. Williamson then sat on top of Drew and stabbed him repeatedly with both the knife and the metal rod. After killing Drew, Williamson returned the knife to Robertson, who buried it underneath a tree where it was later found. Williamson gave the metal rod to Omer, who returned it to his sink.

Williamson was indicted on 10/22/85 by a grand jury in Dixie County for First-Degree Murder and Possession of Contraband (Knife) While in Prison. Williamson was found guilty of both charges and sentenced to death.

Codefendant Information:

All three inmates were charged with First-Degree Murder and Possession of Contraband. Omer Williamson pled guilty to the charges and agreed to testify against Williamson and Robertson in exchange for the State agreeing not to seek the death penalty. Williamson and Robertson were tried together. Robertson was found guilty of the Possession of Contraband Charge.

Trial Summary:

10/22/85 The defendant was indicted on the following charges:

Count I: First-Degree Murder (Daniel Drew)

Count II: Possession of Contraband

04/09/86 The jury found the defendant guilty as charged.

04/10/86 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

05/08/86 The defendant was sentenced as followed:

Count I: First-Degree Murder (Daniel Drew) – Death

Count II: Possession of Contraband – 15 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #68,800

511 So. 2d 289

05/21/86 Appeal filed.

07/16/87 Florida Supreme Court affirmed the convictions and sentence of death.

09/10/87 Rehearing denied.

10/21/87 Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #87-5834

485 U.S. 929

11/09/87 Petition filed.

02/29/88 Petition denied.

State Circuit Court – 3.850 Motion

CC #85-130

11/03/89 Motion filed.

09/21/90 Motion denied.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #74,973

651 So. 2d 84

11/04/89 Petition filed.

11/10/94 Petition denied.

03/14/95 Rehearing denied.

03/14/95 Mandate issued.

Florida Supreme Court – 3.850 Appeal

FSC #76,860

651 So. 2d 84

10/31/90 Appeal filed.

11/10/94 Florida Supreme Court affirmed the denial of the 3.850 Motion.

03/14/95 Rehearing denied.

03/14/95 Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #94-9687

516 U.S. 850

06/12/95 Petition filed.

10/02/95 Petition denied.

State Circuit Court – 3.850 Motion

CC #85-130

07/15/93 Motion filed.

01/02/97 Amended Motion filed.

07/30/97 Proceedings held in abeyance pending the resolution of Williamson’s

Federal Habeas.

06/17/03 Supplemental motion filed.

08/12/03 Supplemental motion filed.

07/28/04 Evidentiary Hearing held.

09/10/04 Motion denied.

United States District Court, Northern District – Petition for Writ of Habeas Corpus

USDC #95-10056

05/16/95 Petition filed.

02/03/98 Petition denied.

United States Court of Appeals, Eleventh Circuit – Habeas Appeal

USCA #98-2679

221 F. 3d 1177

05/14/98 Appeal filed.

08/08/00 United States Court of Appeals affirmed District Court’s denial of the

Petition for Writ of Habeas Corpus.

01/30/01 Rehearing denied.

United States Supreme Court – Petition for Writ of Certiorari

USSC #01-5111

534 U.S. 903

06/29/01 Petition filed.

10/01/01 Petition denied.

Florida Supreme Court – 3.850 Appeal

FSC# 05-1527

961 So.2d 229

08/23/05 Appeal filed.

05/10/07 FSC affirmed denial of motion.

07/16/07 Rehearing denied.

08/02/07 Mandate issued.

Warrants:

09/27/89 Death Warrant signed by Governor Martinez.

06/12/90 Stay granted by the State Circuit Court.

Clemency:

06/23/88 Clemency hearing held (denied).

Factors Contributing to the Delay in Imposition of Sentence:

Johnny Williamson filed a Petition for Writ of Habeas Corpus that was pending for five years and a 3.850 Appeal that was pending for four years prior to the Florida Supreme Court denying all relief in a consolidated opinion on 11/10/94. The largest source of delay in this case, however, was Williamson’s second 3.850 Motion, which was initially filed on 07/15/93 and amended 01/21/97. The proceedings were held in abeyance pending the resolution of Williamson’s Federal Habeas. On 06/17/03 and 08/12/03, supplemental motions were filed and an Evidentiary Hearing was held on 07/28/04. The motion was denied on 09/10/04.

Case Information:

On 05/21/86, Johnny Williamson filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in permitting a comment made by the State during closing arguments, alleging Williamson’s “guilt by association” following the guilty plea entered by his codefendant Omer Williamson. Pertaining to the penalty phase of the trial, Williamson contended that the trial court erred in its application of discrepant sentences among the codefendants and in its consideration and application of the cold, calculating, and premeditated (CCP) aggravating factor. The Florida Supreme Court found no merit to Williamson’s claims and affirmed the convictions and sentence of death on 07/16/87.

Williamson next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 02/29/88.

Williamson then filed a 3.850 Motion in the State Circuit Court. Soon after, Governor Bob Martinez signed a death warrant for him on 09/27/88. The State Circuit Court for Dixie County issued a stay of execution on 06/12/90. Williamson’s 3.850 Motion was later denied on 09/21/90.

Following the denial of his 3.850 Motion, Williamson filed a Petition for Writ of Habeas Corpus and a 3.850 Appeal in the Florida Supreme Court respectively. In a consolidated opinion issued 11/10/94, the Florida Supreme Court denied the Habeas Petition and affirmed the denial of Williamson’s 3.850 Motion.

Williamson again filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/02/95.

On 07/15/93, Williamson filed a second 3.850 Motion in the State Circuit Court. An Amended Motion was filed on 01/02/97. The proceedings were held in abeyance pending the resolution of Williamson’s Federal appeals. On 06/17/03 and 08/12/03, supplemental motions were filed and an Evidentiary Hearing was held on 07/28/04. The motion was denied on 09/10/04.

Williamson next filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District, on 05/16/95. That petition was denied on 02/03/98, after which Williamson filed an appeal of that decision in the United States Court of Appeals for the Eleventh Circuit. The District Court’s denial of Williamson’s Federal Habeas was subsequently affirmed by the Court of Appeals on 08/08/00.

Williamson filed a Petition for Writ of Certiorari in the United States Supreme Court on 06/29/01, which was denied 10/01/01.

On 08/23/05, Williamson filed a 3.850 Appeal in the Florida Supreme Court. On 05/10/07, the FSC affirmed the denial of the motion. Williamson’s Motion for Rehearing was denied 07/16/07. The FSC issued a mandate in this case on 08/02/07.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

-------- -------- ---------------------------- -------------------

08/25/89 30 FIGHTING FLORIDA STATE PRISON

11/06/92 0 DISRESP.TO OFFICIALS FLORIDA STATE PRISON

12/21/94 0 UNAUTH USE OF DRUGS UNION C. I.

12/23/94 0 DISRESP.TO OFFICIALS UNION C. I.

04/14/96 0 DISRESP.TO OFFICIALS UNION C. I.

09/17/96 60 UNARMED ASSAULT UNION C.I.-MED.FAC.

08/08/97 0 SPOKEN THREATS UNION C. I.

08/14/97 0 POSS OF CONTRABAND UNION C. I.

03/06/98 0 DISOBEYING ORDER UNION C. I.

09/03/99 0 DISRESP.TO OFFICIALS UNION C. I.

09/25/99 0 SPOKEN THREATS UNION C. I.

11/05/99 0 DISORDERLY CONDUCT UNION C. I.

01/12/00 0 DISORDERLY CONDUCT UNION C. I.

02/23/00 0 DISORDERLY CONDUCT UNION C. I.

03/20/00 0 DISRESP.TO OFFICIALS UNION C. I.

04/09/00 30 DISORDERLY CONDUCT UNION C. I.

08/11/00 90 SPOKEN THREATS UNION C. I.

09/14/00 30 FIGHTING UNION C. I.

06/11/01 60 DISOBEYING ORDER UNION C. I.

06/11/01 60 DISRESP.TO OFFICIALS UNION C. I.

06/28/01 60 DISOBEYING ORDER UNION C. I.

07/20/01 30 POSS OF CONTRABAND UNION C. I.

10/08/01 30 DISORDERLY CONDUCT UNION C. I.

10/18/01 30 POSS OF CONTRABAND UNION C. I.

09/25/02 60 DISRESP.TO OFFICIALS UNION C. I.

11/19/02 30 LYING TO STAFF UNION C. I.

02/17/03 60 DISRESP.TO OFFICIALS UNION C. I.

11/29/03 0 DISRESP.TO OFFICIALS UNION C. I.

03/13/04 90 SPOKEN THREATS UNION C. I.

04/01/04 0 POSS OF CONTRABAND UNION C. I.

08/20/04 30 DISRESP.TO OFFICIALS UNION C. I.

03/03/05 30 SPOKEN THREATS UNION C. I.

06/27/05 30 FIGHTING FLORIDA STATE PRISON

________________________________________________________________________

Reported 02/12/03 EW

Approved 02/27/03 WS

Updated 01/22/09 AEH