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.

PIETRI, Noberto (H/M)

AKA:  Spiderman

DC# 096867

DOB:  03/13/63

Fifteenth Judicial Circuit, Palm Beach County Case# 88-11366-CF

Sentencing Judge:  The Honorable Marvin U. Mounts, Jr.

Attorney, Trial:  William Hennis – Assistant Public Defender

Attorney, Direct Appeal:  Peter Birch – Private

Attorneys, Collateral Appeals:  William Hennis – CCRC-S

Date of Offense:  08/22/88

Date of Sentence:  03/15/90

Circumstances of the Offense:

Noberto Pietri was at Lantana Community Correctional Work Release Center awaiting a transfer to a more secure facility. On 08/18/88, Pietri walked away from the center. For the next four days he used cocaine and committed burglaries to acquire the money to support his drug use. One such incident occurred on 08/22/88. Pietri broke into a house and stole items including a 9-mm semiautomatic and a .38-caliber revolver.

Preceding the burglary, Pietri was driving a stolen silver pickup truck. A witness saw a man (later identified as Pietri) driving a silver pickup truck speed past Officer Chappell. Officer Chappell was on his motorcycle patrolling for speeding motorists. After being followed by the Officer Chappell for approximately one mile, Pietri stopped the truck. Witnesses stated that Officer Chappell approached the truck with his gun in his holster. The officer was shot once in the chest within two to four feet of the truck. Officer Chappell radioed that he had been shot. When the first officer arrived on the scene, he stated that Officer Chappell’s gun was still in its holster, but that the holster had been unsnapped. The shot resulted in Officer Chappell’s death.

Pietri left the scene and drove to his nephew’s house. He disposed of the truck by dumping it into a canal off the Florida Turnpike. Pietri’s fingerprint was found on the inside of the driver’s window. A search ensued for Pietri.

On 08/24/88, Pietri stole another car. An officer, who was not in uniform, identified Pietri. Pietri threatened to shoot the officer and proceeded to escape. Later that same evening, Pietri stole a car from the driveway of a young couple. The wife was seated in the driver’s seat while the husband had returned to the home to retrieve something. Pietri jumped into the car and demanded that the wife drive. He said, “Drive, or I’ll shoot you.”  When she hesitated, Pietri pushed her out of the car and started to drive away. Pietri did slow down to allow the husband to take the couple’s child from the back seat.

A police officer spotted the stolen car. Pietri stopped the car and motioned for the officer to approach the car. As the officer approached with his gun drawn, Pietri sped away. A car chase that involved speeds of over 100 mph took place until Pietri lost control of the car. Pietri then jumped out of the car and proceeded to run away. While running he reached in his pants, pulled out a bag of cocaine, and placed it in his mouth. An officer caught up with Pietri and arrested him.

A forensic examiner testified that Officer Chappell was shot from a distance of three to eight feet and that the 9-mm bullet that killed Officer Chappell matched the casings of the bullets provided from the stolen firearms.

Additional Information:

Pietri was previously incarcerated at the time of the offense for three counts of Grand Theft and three counts of Burglary committed in 1984; six counts of Burglary and two counts of Grand Theft committed in 1986.

Trial Summary:

09/22/88          Indicted as follows:

                                    Count I:           Escape

                                    Count II:         Burglary (Auto)

                                    Count III:        Grand Theft (Auto)

                                    Count IV:        Burglary (Dwelling)

                                    Count V:         Grand Theft

            Count VI:        Possession of a Firearm During the Commission of a Felony

                                    Count VII:      First Degree Murder

            Count VIII:     Possession of a Firearm During the Commission of a Felony

                                    Count IX:        Possession of a Firearm by a Convicted Felon

                                    Count X:         Burglary (Auto)

                                    Count XI:        Grand Theft (Auto)

                                    Count XII:      Robbery (Strongarm)

                                    Count XIII:     Grand Theft (Auto)

                                    Count XIV:     Attempted Kidnapping

                                    Count XV:      False Imprisonment

                                    Count XVI:     Possession of Cocaine

02/07/90          Jury returned guilty verdicts on all counts of the indictment, excluding

Count IX.

02/23/90          Jury recommended death by a vote of 8-4.

03/15/90          Sentenced as follows:

Count I:           Escape – 15 years consecutive to any active sentence being served and consecutive to Counts 2-5, 7, 10-12, 14 and 16.

Count II:         Burglary (Auto) – 5 years concurrent with Count 3 and consecutive to Counts 1, 4, 5, 7, 10-12, 14, 16

Count III:        Grand Theft (Auto) – 5 years concurrent with Count 2 and consecutive to Counts 1, 4, 5, 7, 10-12, and 16

Count IV:        Armed Burglary (Dwelling) – Life concurrent with Count 5 and consecutive to Counts 1-3, 7, 10-12, 14, and 16

Count V:         Grand Theft – 5 years concurrent with Count 4 and consecutive to Counts 1-3, 7, 10-12, 14, and 16

                                    Count VII:      First Degree Murder - Death

                                    Count VIII:     Possession of a Firearm During the Commission of

a Felony – nolle prossed

                                    Count X:         Burglary – 5 years concurrent with Count 11 and

consecutive to Counts 1-3, 7, 12, 14, and 16

                                    Count XI:        Grand Theft (Auto) – 5 years concurrent with Count

10 and consecutive to Counts 1-5, 7, 12, 14, and 16

                                    Count XII:      Robbery (Strongarm) – 15 years concurrent with

Count 14 and consecutive to Counts 1-5, 7, 10, and 16

                                    Count XIII:     Grand Theft (Auto) – nolle prossed

                                    Count XIV:     Attempted Kidnapping – 15 years concurrent with

Count 12 and consecutive to Counts 1-5, 7, 10, and 16

                                    Count XV:      False Imprisonment – nolle prossed

                                    Count XVI:     Possession of Cocaine – 5 years consecutive to

Counts 1-5, 7, 10-12, and 14

As part of a stipulation between the State and the defense, Pietri was not adjudicated or sentenced for three counts and nolle prossed on one count.

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 75,844

644 So. 2d 1347

04/20/90          Appeal filed

09/29/94          FSC affirmed the conviction and sentence of death and remanded the

noncapital cases for resentencing

11/22/94          Rehearing denied

12/22/94          Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 94-8975

515 U.S. 1147

04/21/95          Petition filed

06/19/95          Petition denied

State Circuit Court – 3.850 Motion

CC# 88-11366-CF

03/17/97          Motion filed

08/27/02          Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 02-2314

885 So.2d 245

10/31/02          Appeal filed

08/26/04          Affirmed the denial of 3.850 Motion

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 03-1044

885 So.2d 245

06/11/03          Petition filed

08/26/04          Petition denied

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

USDC# 04-81180

12/23/04          Petition filed

04/18/08          Petition denied

05/02/08          Motion to Alter Judgment filed

03/05/09          Motion to Alter Judgment denied

United States Court of Appeals, 11th Circuit – Habeas Petition Appeal

USCA# 09-11750

(Pending)

04/08/09          Appeal filed

State Circuit Court – Successive 3.851 Motion

CC# 88-11366-CF

(Pending)

11/29/10          Motion filed

12/27/10          State’s Response filed

Factors Contributing to the Delay in Execution of Sentence:

The Direct Appeal was pending in the Florida Supreme Court for four years, and the 3.850 Motion was pending for five years.

Case Information:

Pietri filed a Direct Appeal to the Florida Supreme Court on 04/20/90.  Pietri raised 19 issues in the appeal related to his death sentence mainly pertaining to jury selection, pretrial motions, and jury-sentencing instructions.  The issues were found to have no merit or error, not preserved for review, or not supported by the evidence.  The Court vacated the sentences for the noncapital crimes and remanded for resentencing because guideline score sheets were not prepared.  The Court affirmed Pietri’s convictions and death sentence on 09/29/94.  The rehearing was denied on 11/22/94, and the mandate was issued on 12/22/94.

Pietri filed a Petition for Writ of Certiorari to the United States Supreme Court on 04/21/95.  The Petition was denied on 06/19/95.

Pietri filed a 3.850 Motion to the Circuit Court on 03/17/97, which was denied on 08/27/02.

Pietri filed a 3.850 Appeal to the Florida Supreme Court on 10/31/02.  On 08/26/04, the Court affirmed the denial of his 3.850 Motion.

Pietri additionally filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 06/11/03, which was denied on 08/26/04.

Pietri filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District on 12/23/04.  The petition was denied on 04/18/08.  On 05/02/08, Pietri filed a Motion to Alter Judgment, which was denied on 03/05/09.

On 04/08/09, Pietri filed a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit.  This appeal is currently pending.

On 11/29/10, Pietri filed a Successive 3.851 Motion in the State Court.  This motion is currently pending.

Institutional Adjustment:

DR TYPE	DATE OF DR	DISCIPLINE ONE	DISCIPLINE TWO
FAILURE TO COMPLY	08/08/85	NO DISCIPLINE	NO DISCIPLINE
DISOBEYING ORDER	09/05/85	NO DISCIPLINE	NO DISCIPLINE
POSS OF NEGOTIABLES	11/07/85	NO DISCIPLINE	NO DISCIPLINE
UNARMED ASSAULT	11/11/85	NO DISCIPLINE	NO DISCIPLINE
DISORDERLY CONDUCT	02/18/86	NO DISCIPLINE	NO DISCIPLINE
CONSUME INTOXICANTS	01/04/88	NO DISCIPLINE	NO DISCIPLINE
POSS OF NARCOTICS	08/06/88	NO DISCIPLINE	NO DISCIPLINE
ESCAPE OR ATTEMPT	08/15/88	NO DISCIPLINE	NO DISCIPLINE
UNAUTH USE ALC/DRUGS	04/03/97	NO DISCIPLINE	NO DISCIPLINE
FIGHTING	10/29/97	NO DISCIPLINE	NO DISCIPLINE
POSS OF CONTRABAND	01/27/98	NO DISCIPLINE	NO DISCIPLINE
DISOBEYING ORDER	08/30/98	NO DISCIPLINE	NO DISCIPLINE
VISITING VIOLATIONS	04/15/00	DISCIPLINARY CONFINEMENT	NO DISCIPLINE
DISORDERLY CONDUCT	07/17/00	DISCIPLINARY CONFINEMENT	NO DISCIPLINE

________________________________________________________________________

Report Date:   02/05/02          NMP

Approved:       02/10/02          WS

Updated:         02/07/11          CAR