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)
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