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. 

 

HARVEY, Harold Lee Jr. (W/M)

DC#     102992

DOB:   12/30/62

 

­­­Nineteenth Judicial Circuit, Indian River County Case # 86-322-B

Sentencing Judge: The Honorable Dwight Geiger

Attorney, Trial: Robert Watson – Private

Attorney, Direct Appeal: Robert Udell – Private

Attorney, Collateral Appeals: Ross Bricker & Jeffrey Koppy – Private

 

Date of Offense:           02/23/85

Date of Sentence:         06/20/86

 

Circumstances of Offense:

 

On 02/23/85, Harold Lee Harvey and Harry Scott Stitler, armed with a pistol and an AR-15 assault rifle, met and drove to the home of William and Ruby Boyd, intending to rob the Boyds.  The Boyds gave money to Harvey and Stitler, but Harvey and Stitler decided to kill the Boyds.  When the Boyds heard of the plan, they ran, but were shot with the AR-15 by Harvey.  Harvey and Stitler left the scene, but Harvey later returned to retrieve the gun shells.  Upon his return, he heard Mrs. Boyd moaning in pain, whereupon he shot her in the head at point blank range.

 

On 02/27/85, Harvey was stopped for a driving infraction in Okeechobee County and placed under arrest for the Boyd murders.  After being read his Miranda warnings, Harvey was questioned and gave a statement admitting his involvement in the murders. 

 

On 05/11/86, Harvey escaped from Okeechobee County Jail, but was located the next day, sleeping in a truck, by a North Miami Beach police officer.  When the officer woke Harvey, he pointed a gun at the officer, who fired his gun at Harvey.  Harvey escaped in the officer’s patrol car, but was caught and subdued. 

 

 

Codefendant Information:

 

Harry Scott Stiteler accepted a plea bargain, pled guilty to First-Degree Murder, and was sentenced to Life Imprisonment. 

 

 

 

 

 

Trial Summary:

 

03/07/85          Indicted as follows:

                                    Count I:            First-Degree Murder (William Boyd)

                                    Count II:           First-Degree Murder (Ruby Boyd)

06/18/86          Jury returned guilty verdicts on all counts of the indictment

06/20/86          Jury recommended death by a vote of 11-1

06/20/86          Sentenced as follows:

                                    Count I:            First-Degree Murder (William Boyd) – Death

                                    Count II:           First-Degree Murder (Ruby Boyd) – Death

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 69,101

529 So. 2d 1083

 

07/24/86          Appeal filed

06/16/88          FSC affirmed convictions and sentences

09/16/88          Rehearing denied

10/17/88          Mandate issued

 

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

USSC# 88-6136

489 U.S. 1040

 

12/15/88          Petition filed

02/21/89          USSC denied petition

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 75,841

656 So. 2d 1253

 

04/18/90          Petition filed

02/23/95          FSC denied petition

06/08/95          Rehearing denied

06/29/95          Mandate issued

 

Circuit Court – 3.850 Motion

CC# 86-322-B

 

08/27/91          Motion filed

03/17/93          CC denied motion

 

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 81,836

656 So. 2d 1253

 

05/27/93          Appeal filed

02/23/95          FSC reversed denial of 3.850 Motion and remanded to the Circuit Court

06/08/95          Rehearing denied

06/29/95          Mandate issued

 

Circuit Court – 3.850 Motion (on remand)

CC# 86-322-B

 

01/26/99          CC denied motion

 

Florida Supreme Court – 3.850 Motion Appeal (after remand)

FSC# 95,075

946 So. 2d 937

 

03/15/99          Appeal filed

07/03/03          FSC reversed denial of motion and remanded for a new trial

06/15/06          FSC issued a revised opinion and affirmed the denial of the motion

01/08/07          Rehearing denied

01/24/07          Mandate issued

 

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

USSC# 06-1368

128 U.S. 4775

 

04/09/07          Petition filed

10/01/07          Petition denied

 

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

USDC# 08-14036

 

01/24/08          Petition filed

09/05/08          Petition denied

 

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

USCA# 08-15868

 

10/21/08          Appeal filed

04/07/11          Appeal denied

 

 

Death Warrant:

 

03/29/90          Governor Martinez signed a death warrant

05/30/90          Execution scheduled

04/25/90          Stay of execution ordered by the FSC

 

 

Clemency Hearing:

 

04/12/89          Clemency hearing held (denied)

 

 


Factors Contributing to the Delay in Imposition of Sentence:

 

The remanding of the 3.850 Motion to the Circuit Court in 1995 and the time between that remand (1995) and the Evidentiary Hearing in the Circuit Court (1998) have contributed to the delay.   The 3.850 Motion Appeal was pending from 03/15/99 – 06/15/06.

 

 

Case Information:

 

Harvey filed a Direct Appeal with the Florida Supreme Court on 07/24/86, citing the following errors:  failing to suppress statements to the police, excusing a juror in the absence of the defendant, admitting evidence related to the jail escape, failing to declare a mistrial due to prosecutor statements regarding potential parole if the death penalty was not used, and insufficient evidence for the aggravating circumstances.  On 06/16/88, the FSC affirmed the convictions and sentences. 

 

Harvey filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/15/88 that was denied on 02/21/89. 

 

Harvey filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/18/90, alleging ineffective assistance of counsel.  The FSC denied the Petition on 02/23/95. 

 

Harvey filed a 3.850 Motion with the Circuit Court on 08/27/91 that was denied on 03/17/93. 

 

Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/27/93, alleging ineffective assistance of counsel.  On 02/23/95, the FSC reversed the denial of the 3.850 Motion and remanded the Motion to the Circuit Court for an evidentiary hearing. 

 

The Circuit Court held an Evidentiary Hearing on 08/17 – 08/24/98 and denied the 3.850 Motion on 01/26/99.

 

Harvey filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/15/99, alleging ineffective assistance of counsel.  On 07/03/03, the FSC reversed the denial of the 3.850 Motion and remanded to the Circuit Court for a new trial.  On 06/15/06, the FSC issued a revised opinion and affirmed the denial of the motion.  

 

Harvey filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/09/07 that was denied on 10/01/07.

 

Harvey filed a Petition for Writ of Habeas Corpus with the United States District Court on 01/22/08 that was denied on 09/05/08.

 

Harvey filed a Habeas Appeal with the United States Court of Appeals on 10/21/08. This petition was denied on 04/07/11.

 

 


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      

09/02/86     30                        POSS OF CONTRABAND                 FLORIDA STATE PRISON

09/28/86      0                         BEING IN UNAUTH AREA               FLORIDA STATE PRISON

04/20/90      0                         DISOBEYING ORDER                         FLORIDA STATE PRISON

09/04/93      0                         DISOBEYING ORDER                         UNION C. I.        

05/31/94      0                         FIGHTING                                             UNION C. I.        

02/09/98      0                         SPOKEN THREATS                            UNION C. I.        

03/22/00     60                        DISRESP.TO OFFICIALS                   UNION C. I.         

 

 

Report Date:     06/03/04          JFL

Approved:        06/07/04          EW

Updated:          04/13/11          CAR