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.
PONTICELLI, Anthony John (W/M)
DC# 112967
DOB: 04/19/67
Fifth Judicial Circuit, Marion County Case# 87-2719-CF-AW
Sentencing Judge: The Honorable Raymond T. McNeal
Trial Attorney: James Reich – Assistant Public Defender
Attorney, Direct Appeal: Michael S. Becker – Assistant Public Defender
Attorneys, Collateral Appeals: Linda McDermott – Registry
Date of Offense: 11/27/87
Date of Sentence: 09/06/88
Circumstances of the Offense:
On 11/27/87, Anthony Ponticelli arrived at Keith Dotson’s house around 6:30 p.m. or 7:00 p.m. Ponticelli stayed for approximately 30 to 45 minutes. Around 7:30 p.m., Ponticelli was seen at Ralph and Nick Grandinetti’s house. Timothy Keese, the Grandinetti’s roommate, heard the three discussing money that Ponticelli owed the two brothers for cocaine. Ponticelli told the two that he would sell the cocaine that they currently had and then settle up with them in regard to the money that he owed them. The two brothers agreed to take Ponticelli to sell the cocaine. The three left the house. Keese left the house and when he returned neither of the Grandetti brothers was there.
Ed Brown, Dotson’s cousin who was at Dotson’s house, stated that Ponticelli returned to Dotson’s house with two people in the car. Ponticelli told Brown that he intended to kill the two brothers for money and cocaine. Ponticelli showed the gun to Brown and told him that he would need a ride back to Ponticelli’s house later. Brown begrudgingly agreed to give Ponticelli a ride later and gave him Dotson’s phone number.
Dennis Freeman, Ponticelli’s cellmate after arrest, testified that Ponticelli stated the following events. Ponticelli shot the two Grandetti brothers in the head. He shot the driver first with two shots and then the passenger once. The passenger was still alive.
Joseph Leonard, Ponticelli’s best friend, testified that Ponticelli arrived at his house around 9:30 p.m., after the shooting. Ponticelli returned a gun that Leonard had allowed him to borrow. At this time, Ponticelli stated that he “did Nick” and asked Leonard what he should do with the bodies. Ponticelli told Leonard that the Grandetti’s had been harassing him about money that he owed them and would not let him leave their house until they got their money. Ponticelli then left Leonard’s house. Upon leaving Leonard’s house, Ponticelli got a flat tire and abandoned the car with the bodies still in it.
Around 11:30 p.m. Ponticelli took a cab back to Dotson’s house. He told Dotson that he had shot the Grandetti brothers in the car for cocaine and $2000. Brown testified that Ponticelli asked him if he thought a person could live through being shot in the head. Ponticelli told Brown that he had heard one of the men moaning. Brown stated that he told Ponticelli not to worry. Ponticelli washed his clothes while at Dotson’s house and Brown then drove him home.
The Grandetti brothers were found on 11/28/87. Nick Grandetti was found on the floorboard of the car. His head was badly injured, and he was gasping for air and kicking his foot. His head was covered with blood, and there was blood spattered all over the car. Nick survived until 12/12/87. He died of cardiac arrest, which was secondary to the gunshot wounds. An autopsy showed that Nick had suffered two gunshot wounds to the back of the head, and he had a number of bruises on the back and side of his head, which was consistent with blunt force trauma. The skin on his right ear was red and peeling, which was consistent with hot pressure being placed upon the ear for an extended period of time. Ralph Grandetti was dead in the back seat of the car when the two were found. The medical examiner stated that Ralph died within two minutes of being shot. He was shot once in the head at close range.
On 11/29/87, Ponticelli burned some clothing in Ronald Halsey’s backyard. Halsey testified that he asked Ponticelli why he was burning his clothes and Ponticelli told him that he had shot two men who he owed money for cocaine. Ponticelli stated that he shot both of the men in the head and threw one in the back seat. The other man was still moving so Ponticelli related that he hit him in the head with the butt of the gun a number of times. Ponticelli then stated that he had a flat tire, so he took several grams of cocaine and $90 in cash.
Leonard gave the police the murder weapon and provided them with a statement. This evidence and statement resulted in Ponticelli’s arrest.
Trial Summary:
11/27/87 Indicted as follows:
Count I: First-Degree Murder
Count II: First-Degree Murder
Count III: Armed Robbery Using a Weapon
12/21/87 Defendant entered a written plea of not guilty
01/11/88 Defendant filed a motion to change plea. The hearing was scheduled for 02/29/88
02/18/88 Order for Substitution of Counsel was granted based on a conflict the Public Defender’s Office had due to their previous representation of one of the witnesses
07/25/88 Motion to rely on insanity defense was entered
08/12/88 Defendant was found guilty of both counts of First-Degree Murder
08/18/88 Jury recommended death by a vote of 9-3
09/06/88 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: First-Degree Murder – Death
Count III: Armed Robbery Using a Weapon – Dismissed
FSC# 73,064
593 So. 2d 483
09/08/88 Appeal filed
10/10/91 FSC affirmed the conviction and sentence
03/09/92 Rehearing denied
04/08/92 Mandate issued
USSC# 91-8584
506 U.S. 802
06/08/92 Petition filed
10/05/92 Petition was granted reversing the FSC opinion and remanded the case to the FSC for further consideration due to Espinosa V. Florida[1]
FSC# 73,064
505 U.S. 1079
10/05/92 Case remanded to FSC by USSC
03/04/93 FSC affirmed the conviction and sentence
05/27/93 Rehearing denied
06/28/93 Mandate issued
USSC# 93-5811
510 U.S. 935
08/25/93 Petition filed
10/18/93 Petition denied
State Circuit Court – 3.850 Motion
CC# 87-2719-CF-AW
05/17/95 Motion filed
11/01/02 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 03-17
941 So.2d 1073
01/06/03 Appeal filed
03/18/05 Order to consolidate with Petition for Writ of Habeas Corpus
08/31/06 FSC affirmed the trial court’s denial of Ponticelli’s 3.850 Motion
10/23/06 Motion for Rehearing denied
State Circuit Court – 3.850 Motion
CC# 87-2719-CF-AW
06/20/03 Second Motion filed
08/26/03 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 03-1655
879 So.2d 623
09/12/03 Appeal filed
06/09/04 Appeal denied
11/08/06 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-1858
941 So.2d 1073
10/20/03 Petition filed
03/18/05 Order to consolidate with 3.850 Appeal
08/31/06 Petition denied
10/23/06 Motion for Rehearing denied
11/08/06 Mandate issued
State Circuit Court – 3.851 Motion
CC# 87-2719-CF-AW
05/18/07 Motion filed
02/21/08 Amended motion filed
10/01/08 Evidentiary hearing held
03/16/09 Motion denied
03/31/09 Motion for Rehearing filed
05/06/09 Rehearing denied
United States Middle District Court – Petition for Writ of Habeas Corpus
USDC# 5:07-cv-00444
11/05/07 Petition filed
03/29/11 Petition denied
Florida Supreme Court – 3.851 Appeal (Review of Non-final Order)
FSC# 08-151
984 So.2d 1250
02/04/08 Petition filed
05/28/08 Petition denied
Florida Supreme Court – 3.850 Appeal
FSC# 09-992
06/11/09 Appeal filed
11/10/10 Appeal denied
One of the main delays in this case was surrounding the Direct Appeal and the granting of Certiorari by the USSC. The second delay is that the 3.850 Motion has been pending in the Circuit Court for seven years.
Another delay was Ponticelli’s 3.850 Appeal and Petition for Writ of Habeas Corpus, which were filed to the Florida Supreme Court. The cases were consolidated on 03/18/05. The Court took over three years to render a decision for both cases.
Ponticelli filed a Direct Appeal in the Florida Supreme Court on 09/08/88. The main issues raised in regard to the guilt phase were the court incorrectly found Ponticelli competent to stand trial and that three statements made to the police investigator should have been suppressed. The Court stated that there was sufficient evidence to support the trial court’s ruling on Ponticelli’s competency to stand trial. In addition, the court agreed with Ponticelli that the second statement was inadmissible, but that the error was harmless. All of the issues raised in regard to the penalty phase were rejected. The Florida Supreme Court affirmed Ponticelli’s conviction and sentence on 10/10/91. The rehearing was denied on 03/09/92, and the mandate was issued on 04/08/92.
Ponticelli filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/08/92. The USSC granted certiorari and remanded the case to the Florida Supreme Court for further consideration in light of Espinosa v. Florida on 10/05/92 due to the rejection of the claim regarding the constitutionality of the aggravating factors of heinous, atrocious, or cruel and cold, calculated, and premeditated. The Florida Supreme Court issued a revised opinion on 03/04/93. The opinion stated that the challenge to the instruction given for the aggravating factors was procedurally barred because there was no request for specific instructions or objections raised at the time of the trial. Therefore, the court affirmed Ponticelli’s conviction and sentence. The rehearing was denied on 05/27/93, and the mandate was issued on 06/28/93.
Ponticelli filed a Petition for Writ of Certiorari to the United States Supreme Court on 08/25/93. The petition was denied on 10/18/93.
Ponticelli filed a 3.850 Motion to the Circuit Court on 05/17/95, which was denied on 11/01/02.
Ponticelli filed a 3.850 Appeal to the Florida Supreme Court on 01/06/03. On 03/18/05, the Court ordered to consolidate this case with Ponticelli’s Petition for Writ of Habeas Corpus. On appeal, Ponticelli raises the following five issues: (1) the State violated Brady and Giglio in a number of ways throughout trial, (2) the State suppressed several pieces of evidence regarding the cocaine party that began the night before the homicides, (3) ineffective assistance of counsel during the penalty phase and guilt phase, (4) denial of competent mental health assistance, and (5) inappropriate summary denial of claims raised in his fifth amended 3.850 Motion. The Court determined that none of these allegations have merit and Ponticelli failed to establish support for these claims. On 08/31/06, the Court affirmed the trial court’s denial of Ponticelli’s 3.850 Motion. The Motion for Rehearing was denied on 10/23/06.
Ponticelli filed a second 3.850 Motion to the Circuit Court, which was denied on 08/26/03.
Ponticelli filed a 3.850 Appeal to the Florida Supreme Court on 09/12/03, which was denied on 06/09/04. On 11/08/06, the mandate was issued.
Ponticelli filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/20/03. On 03/18/05, the Court ordered to consolidate this case with Ponticelli’s 3.850 Appeal. In his Petition for Writ of Habeas Corpus, Ponticelli made the following claims: (1) Florida’s capital sentencing scheme is unconstitutional under Ring, (2) Ponticelli’s death sentence was unconstitutional, and (3) the appellate counsel rendered ineffective assistance. The Court found that each of the above claims is without merit. On 08/31/06, the Court denied Ponticelli’s Petition for Writ of Habeas Corpus. The Motion for Rehearing was denied on 10/23/06. On 11/08/06, the mandate was issued.
Ponticelli filed a 3.851 Motion to Vacate in the State Circuit Court on 05/18/07. He then filed an Amended 3.851 motion on 02/21/08. An Evidentiary Hearing was held 10/01/08. This motion was denied on 03/16/09. On 03/31/09, Ponticelli filed a Motion for Rehearing in the Circuit Court which was denied on 05/06/09.
On 11/05/07, Ponticelli filed a Petition for Writ of Habeas Corpus to the United States Middle District Court. The petition was denied on 03/29/11.
Ponticelli filed a 3.851 Petition for Review of Non-final Order to the Florida Supreme Court on 02/04/08. This petition was denied on 05/28/08.
On 06/11/09, Ponticelli filed a 3.850 Appeal to the Florida Supreme Court. This appeal was denied on 11/10/10.
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DR TYPE |
DATE OF DR |
DISCIPLINE ONE |
DR PUNISHMENT |
DISCIPLINE TWO |
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DAYS |
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REF. SUB. ABUSE TEST |
12/17/1996 |
NO DISCIPLINE |
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NO DISCIPLINE |
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Report Date: 04/19/02 NMP
Approved: 05/10/02 WS
Updated: 04/01/11 CAR
[1] [1] Espinosa v. Florida states that the imposition of a death sentence by a Florida trial court violated the Eighth Amendment where the jury rendering the advisory sentence was instructed on invalid aggravating circumstances.