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.
RUTHERFORD, Arthur (W/M)
First Judicial Circuit, Santa Rosa County, Case #85-0476
Sentencing Judge (Trial and Retrial): The Honorable Clyde B. Wells
Attorney, Trial: Nicholas J. Capuno – Private
Attorneys, Retrial: John Jay Gontarek and William Treacy – Assistant Public Defenders
Attorney, Direct Appeal: William C. McLain – Assistant Public Defender
Attorney, Collateral Appeals: Linda McDermott – Registry
Date of Offense: 08/22/85
Date of Sentence: 12/09/86
Circumstances of Offense:
Arthur Rutherford was convicted and sentenced to death for the murder and armed robbery of Stella Salamon, for whom Rutherford had worked.
On 08/22/85, Arthur Rutherford physically attacked 63-year-old Stella Salamon and then submerged her head under water in the bathtub. Salamon’s body had a broken arm, bruises on her face and arms, and three severe head wounds caused by either blunt force trauma or a sharp object, which created a puncture wound. Drowning or asphyxiation was determined as the cause of Salamon’s death.
Two female witnesses, Elizabeth Ward and Mary Heaton, testified that Arthur Rutherford asked for their assistance in cashing a $2,000 check from Stella Salamon’s bank account. Rutherford forged Salamon’s signature on the check. He took Heaton to a bank where she cashed the check. A third witness, Harold Attaway, who had helped Rutherford when he worked for Salamon, testified that Rutherford had told him how easy it would be to kill Salamon by drowning her in the bathtub and then forge a check from her account. At the time, Attaway thought Rutherford was joking.
The police found Rutherford’s fingerprints and palm prints in the bathroom where Salamon was killed.
Trial Summary:
08/23/85 Rutherford was arrested.
09/11/85 Rutherford was indicted on the following:
Count I: First-Degree Murder
Count II: Robbery with a Firearm
01/31/86 Rutherford was found guilty on all counts charged in the indictment.
02/01/86 Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the death penalty.
04/02/86 The judge granted a mistrial due to discovery violations by the State, which violated Rutherford’s Right to Due Process.
10/02/86 On retrial, Rutherford was found guilty on all counts charged in the indictment.
10/02/86 Upon advisory sentencing, the jury, by a majority vote of 7 to 5, voted for the death penalty.
12/09/86 Rutherford was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Robbery with a Firearm – 30 years
07/11/88 On remand from the FSC, Rutherford was sentenced as follows on the count of
Armed Robbery:
Count II: Robbery with a Firearm – 30 years
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #69,825
545 So. 2d 853
12/23/86 Appeal filed.
06/15/89 FSC affirmed the conviction and sentence.
07/26/89 Rehearing denied.
09/06/89 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #89-5510
493 U.S. 945
09/05/89 Petition filed.
10/30/89 USSC denied the petition.
Circuit Court – 3.850 Motion
CC #85-0476
08/01/91 Motion filed.
08/05/96 Motion denied.
09/03/96 Rehearing denied.
Florida Supreme Court – 3.850 Appeal
FSC #89,142
727 So. 2d 216
10/17/96 Appeal filed.
12/17/98 FSC affirmed the 3.850 Denial.
03/02/99 Rehearing denied.
04/01/99 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #99-150
774 So. 2d 637
12/21/99 Petition filed.
10/12/00 Petition denied.
12/21/00 Rehearing denied.
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC #3:00-CV- 75/LAC
03/02/00 Petition filed.
09/01/00 Petition dismissed.
United States District Court, Northern District – Petition for Writ of Habeas Corpus
USDC #3:01-CV-115/LAC
04/02/01 Petition filed.
08/29/02 Petition denied.
Circuit Court – 3.850 Motion
CC #85-0476
09/16/02 Motion filed.
12/06/02 Motion denied.
12/20/02 Rehearing denied.
Florida Supreme Court – 3.850 Appeal
FSC #03-243
880 So.2d 1212
02/10/03 Appeal filed.
05/25/04 FSC affirmed the 3.850 Denial.
07/23/04 Rehearing denied.
United States Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA #03-13188
06/18/03 Appeal filed.
09/27/04 USCA affirmed the denial of Rutherford’s Petition for Writ of Habeas Corpus.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 04-7794
12/20/04 Petition filed.
02/22/05 Petition denied.
United States Supreme Court – Petition for Writ of Certiorari
USSC #04-8618
02/07/05 Petition filed.
04/18/05 Petition denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# SC05-376
03/04/05 Petition filed.
07/18/05 Petition denied.
State Circuit Court – 3.851 Motion
CC #85-0476
10/03/05 Motion filed.
11/08/05 Motion stricken.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-2139
11/28/05 Petition filed.
01/05/06 Petition denied.
State Circuit Court – 3.851 Motion
CC #85-0476
12/22/05 Motion filed.
12/27/05 Motion amended.
01/05/06 Motion denied.
Florida Supreme Court – 3.851 Motion Appeal
FSC #06-18
01/10/06 Appeal filed.
01/27/06 FSC affirmed the denial of Rutherford’s 3.851 Motion.
01/27/06 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 05-8795
01/23/06 Petition filed.
01/31/06 Petition denied.
U.S. District Court (Northern District) – Complaint for Declaratory & Injunctive Relief
USDC# 06-50
01/27/06 Complaint filed.
01/28/06 USDC dismissed complaint.
U.S. Court of Appeals (11th Circuit) – Complaint for Declaratory & Injunctive Relief
USCA# 06-10783
01/28/06 Appeal filed.
01/30/06 USCA affirmed dismissal of complaint.
U.S. Court of Appeals (11th Circuit) – Application for Successive Habeas & Stay of Execution
USCA# 06-10783
01/28/06 Application and stay filed.
01/30/06 USCA denied application and stay.
U.S. Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 05-8887
01/30/06 Petition filed.
01/31/06 Petition denied.
U.S. Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 05-8895
01/31/06 Petition filed.
06/19/06 Petition granted and remanded to USCA.
State Circuit Court – 3.851 Motion
CC# 85-0476
09/27/06 Motion filed.
10/06/06 CC denied motion.
U.S. Court of Appeals (11th Circuit) – Application for Successive Habeas & Stay of Execution (on remand from USSC)
USCA# 06-10783
10/05/06 USCA affirmed denial of application
Florida Supreme Court – 3.851 Motion Appeal
FSC# 06-1931
10/06/06 Appeal filed.
10/12/06 FSC affirmed denial.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 06-1946
10/09/06 Petition filed.
10/12/06 FSC denied petition.
U.S. Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 06-7028
10/11/06 Petition and stay filed.
10/18/06 Petition and stay denied.
U.S. Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 06-7133
10/16/06 Petition and stay filed.
10/18/06 Petition and stay denied.
Warrants:
11/29/05 Death warrant signed by Governor Bush. Execution scheduled for
01/31/06.
01/31/06 Stay of execution issued.
07/21/06 Stay lifted.
09/22/06 Execution scheduled for 10/18/06.
10/18/06 Executed.
Factors Contributing to the Delay in Execution of Sentence:
On Direct Appeal, the case was remanded to the circuit court for resentencing on the count of Armed Robbery. The 3.850 Motion was pending for more than five years prior to being denied.
Case Information:
Rutherford filed his Direct Appeal in the Florida Supreme Court on 12/23/86. The issues addressed included that the retrial, which occurred after the first trial ended in a mistrial, placed him in a state of double jeopardy and that the trial court mishandled consideration of the aggravating and mitigating factors. On 04/13/88, the Florida Supreme Court temporarily relinquished the case to the circuit court for resentencing in accordance with the sentencing guidelines or an explanation of the deviation from the guidelines for the second count of Armed Robbery. On 07/11/88, the circuit court determined that the First-Degree Murder charge was not a component of the Armed Robbery charge. The circuit court determined that the victim was killed during the course of the armed robbery. This circumstance allowed for deviation from the sentencing guidelines, which held that 3.5 to 4.5 years was the appropriate sentence length for the Armed Robbery charge. Thus, the circuit court judge sentenced Rutherford to 30 years for the count of Armed Robbery. The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 06/15/89. Rehearing was denied on 07/26/89. A mandate was issued on 09/06/89.
On 09/05/89, Rutherford filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 10/30/89.
Rutherford filed a 3.850 Motion in the circuit court on 08/01/91. The circuit court denied the 3.850 Motion on 08/05/96. Rehearing was denied on 10/25/94.
On 10/17/96, Rutherford filed a 3.850 Appeal in the Florida Supreme Court. The motion was affirmed on 12/17/98. Rehearing was denied on 03/02/99. A mandate was issued on 04/01/99.
Rutherford filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 12/21/99. The petition was denied on 10/12/00. Rehearing was denied on 12/21/00.
Rutherford filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District on 03/02/00. The petition was dismissed on 09/01/00.
On 04/02/01, Rutherford filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District. The petition was dismissed on 08/29/02.
On 09/16/02, Rutherford filed a 3.850 Motion in the circuit court. The circuit court denied the 3.850 Motion on 12/06/02 as successive. Rehearing was denied on 12/20/02.
Rutherford filed a 3.850 Appeal in the Florida Supreme Court on 02/10/03. Rutherford argued that his death sentence violates his Fifth, Sixth, Eight and Fourteenth Amendment rights under Ring v. Arizona. The Florida Supreme Court affirmed the 3.850 Denial on 05/25/04.
On 06/18/03, Rutherford filed a Petition for Writ of Habeas Corpus to the United States Court of Appeals, 11th Circuit. On 09/27/04, the petition was denied.
On 12/20/04, Rutherford filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 02/22/05.
Rutherford filed another Petition for Writ of Certiorari in the United State Supreme Court on 02/07/05. The petition was denied on 04/18/05.
Rutherford filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 03/04/05. In his petition Rutherford argued that his right of confrontation was violated when hearsay testimony was admitted into court about the victim’s fear of Rutherford and was not subject to cross-examination. The Florida Supreme Court denied Rutherford’s petition on 7/18/05.
On 10/03/05, Rutherford filed a 3.851 Motion pro se. The State Circuit Court ordered that, since Rutherford was represented by counsel, pleadings should only be filed through counsel. Therefore, Rutherford’s Motion was a nullity and stricken from the record on 11/08/05.
On 11/28/05, Rutherford filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The Florida Supreme Court denied the petition on 01/05/06.
Governor Bush signed a death warrant on 11/28/05 scheduling Rutherford’s execution for 6 p.m. on 01/31/05.
On 12/22/05, Rutherford filed a 3.851 Motion in the State Circuit Court that was amended on 12/27/05. On 01/05/06, the motion was denied.
On 01/10/06, Rutherford filed a 3.851 Motion Appeal in the Florida Supreme Court. The Florida Supreme Court affirmed the denial of Rutherford’s 3.851 Motion on 01/27/06.
On 01/23/06, Rutherford filed a Petition for Writ of Certiorari and a Stay of Execution in the U.S. Supreme Court. The petition was denied on 01/31/06.
Rutherford filed a Complaint for Declaratory and Injunctive Relief in the U.S. District Court on 01/27/06. The Complaint was dismissed on 01/28/06.
On 01/28/06, Rutherford filed a Complaint for Declaratory and Injunctive Relief Appeal in the U.S. Court of Appeals. On 01/30/06, the USCA affirmed the denial of the complaint.
On 01/28/06, Rutherford filed an Application for Successive Habeas and a Stay of Execution in the U.S. Court of Appeals. On 01/30/06, the USCA denied the application and the stay.
On 01/30/06, Rutherford filed a Petition for Writ of Certiorari and Stay of Execution in the U.S. Supreme Court, which was denied on 01/31/06.
Rutherford filed another Petition for Writ of Certiorari and Stay of Execution in the U.S. Supreme Court on 01/31/06. On 06/19/06, the USSC granted the petition and remanded the case to the USCA.
Rutherford filed a 3.851 Motion in the State Circuit Court on 09/27/06. Rutherford made claims that the Florida death penalty process is arbitrary and capricious and thus unconstitutional. He also requested the opportunity to fully present evidence of his innocence. Additionally, he argued that a recent ABA report found error in the death penalty process in Florida. On 10/06/06, the Circuit Court denied the motion.
On 10/05/06, the USCA (on remand from the USSC) affirmed the denial of the Application for Successive Habeas Petition.
Rutherford filed a 3.851 Motion Appeal in the Florida Supreme Court on 10/06/06, raising allegations that the ABA report is new evidence and evidence of a new witness. On 10/12/06, the FSC affirmed the denial of the motion.
Rutherford filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/09/06 that was denied on 10/12/06.
Rutherford filed a Petition for Writ of Certiorari and Stay of Execution in the U.S. Supreme Court on 10/11/06 that was denied on 10/18/06.
Rutherford filed a Petition for Writ of Certiorari and Stay of Execution in the U.S. Supreme Court on 10/16/06 that was denied on 10/18/06.
Rutherford’s execution is scheduled for 10/18/06.
Rutherford was executed on 10/18/06.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
09/13/89 15 OBSCENE PROFANE ACT FSP
01/18/95 0 DISRESP.TO OFFICIALS UNION C. I.
08/28/02 180 POSS OF WEAPONS UNION C. I.
Report Date: 07/12/02 S.Q.
Approved: 08/15/02 W.S.
Updated: 10/19/06 JFL