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.

 

POOLER, Leroy (B/M)

DC# 124283

DOB:  01/27/48

 

Fifteenth Judicial Circuit, Palm Beach County Case #95-117CFA02

Sentencing Judge:  The Honorable Virginia Gay Broome

Trial Attorney:  Michael Salnick – Private

Attorney, Direct Appeal:  Michael D. Lededecker – Private

Attorney, Collateral Appeals:  John Paul Abatecola & Linda McDermott – Registry   

 

Date of Offense:  01/30/95

Date of Sentence:  02/23/96, 03/29/96

 

Circumstances of the Offense:

 

On 01/30/95, Leroy Pooler showed up to the house of his ex-girlfriend, Kim Brown. He knocked on the front door of the apartment. Ms. Brown and her brother, Alvonza Colson, were home at the time. Upon seeing that it was Pooler, Ms. Brown told Pooler that she did not want to see him anymore. There was evidence that supported the hypothesis that Ms. Brown was dating another man. Mr. Colson proceeded to open the door and inquire as to what Pooler wanted. When Mr. Colson saw that Pooler had a gun, he attempted to run through the front door and escape; Pooler shot him in the back and dragged him back into the apartment by his leg. At this time, Ms. Brown began to plead with Pooler not to kill her or her brother.  She requested that Mr. Colson get to a hospital, and Pooler agreed to allow him to call an ambulance. He then changed his mind and told Mr. Colson to call an ambulance once he and Ms. Brown left. Ms. Brown followed Pooler to the front door of the apartment, but shut and locked the door after Pooler exited.

 

Mr. Colson told Brown to run out of the back of the apartment, and he would stay and call an ambulance. It was at this time that Mr. Colson realized that the phone wires had been cut. He started towards the back door as Pooler was breaking through the front door. Pooler found Mr. Colson hiding in an area near the back door, but was distracted by Ms. Brown’s cries for help from behind the apartment. Pooler left Mr. Colson and left the apartment. When he caught up with Ms. Brown, he struck her in the head with the gun. This blow caused the gun to fire. Pooler pulled Ms. Brown toward his car as she begged him not to kill her. Ms. Brown began to fight against Pooler. As Pooler began to pull her back towards the apartment, he shot her several times. At one point he paused to say, “You want some more?” Several witnesses saw the shooting. Ms. Brown was shot five times, one of which was in the head. Pooler drove away in his car.

 

Two days prior to the incident, Ms. Brown told one of her friends that Pooler had told her that he was going to kill her because, if he could not have her, no one else would.

 

Trial Summary:

 

02/08/95          Indicted as follows:

                                    Count I:           First-Degree Murder with a Firearm

                                    Count II:         Burglary of a Dwelling While Armed with a Firearm

                                    Count III:        Attempted First-Degree Murder with a Firearm

02/17/95          Defendant was arraigned. He stood mute, so the court entered a plea of Not Guilty

01/17/96          Jury returned guilty verdicts on all counts of the indictment

02/08/96          Jury recommended death by a vote of 9-3

02/23/96          Sentenced as follows for Counts II and III:

Count II:         Burglary of a Dwelling While Armed with a Firearm – Life

                                    Count III:        Attempted First-Degree Murder with a Firearm – Life

03/29/96          Sentenced as follows for Count I:

Count I:           First-Degree Murder with a Firearm – Death

                       

Appeal Summary:

 

Florida State Supreme Court – Direct Appeal

FSC# 87,771

704 So. 2d 1375

 

04/19/96          Appeal filed

11/06/97          FSC affirmed the conviction and sentence

01/23/98          Rehearing denied

02/23/98          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 97-9379

525 U.S. 848

 

06/04/98          Petition filed

10/05/98          Petition denied


State Circuit Court – 3.850 Motion

CC# 95-117CFA02

 

09/17/99          Motion filed

11/01/99          A written order denying the motion was issued

11/09/99          Pooler filed a motion to vacate the order denying the 3.850 Motion

01/13/00          Motion was granted and order was vacated. Pooler was given 60 days to file an Amended 3.850 Motion

03/13/00          Amended Motion filed

11/08/02          Second Amended Motion filed

11/04/05          Order denying amended 3.850 Motion

 

Florida Supreme Court – 3.850 Appeal

FSC# 05-2191

980 So.2d 460

 

12/01/05          Appeal filed

01/31/08          Appeal denied

02/14/08          Motion for Rehearing filed

04/17/08          Rehearing denied

05/05/08          Mandate issued

 

United State District Court, South District – Habeas Petition

USDC# 08-80529

(Pending)

 

05/19/08          Petition filed

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 08-5371

129 S.Ct. 255

 

07/16/08          Petition filed

10/06/08          Petition denied

 

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

The 3.850 Motion was pending in the Circuit Court for over two years.

 

 

Case Information:

 

Pooler filed a Direct Appeal to the Florida Supreme Court on 04/19/96. The main issues in Pooler’s appeal were surrounding the aggravating and mitigating factors of the case. The court found either no error, evidence to support the trial court’s disposition, no abuse of discretion, or the issues to be meritless. Pooler’s conviction and sentence were affirmed on 11/06/97. The rehearing was denied on 01/23/98, and the mandate was issued on 02/23/98.

 

Pooler filed a Petition for Writ of Certiorari to the United States Supreme Court on 06/04/98. The petition was denied on 10/05/98.

 

Pooler then filed a 3.850 Motion to the Circuit Court on 09/17/99. A written order denying the motion was issued on 11/01/99. On 11/08/99, Pooler filed a motion to vacate the order denying the 3.850 Motion and, on 01/13/00, the motion was granted and the court gave Pooler 60 days to file an Amended 3.850 Motion. On 03/13/00, Pooler filed an Amended 3.850 Motion.  A Second Amended Motion was filed on 11/08/02.  On 11/04/05, an order was issued denying the amended 3.850 Motion.   

 

On 12/01/05, Pooler filed a 3.850 Appeal to the Florida Supreme Court, which was denied on 01/31/08.  Pooler filed a Motion for Rehearing on 02/14/08, which was denied on 04/17/08.  The mandate concerning the opinion rendered on 01/31/08 was entered on 05/05/08.

 

On 05/19/08, Pooler filed a Habeas Petition in the United States District Court, Southern District.  This case is currently pending.

 

On 07/16/08, Pooler filed a Petition for Writ of Certiorari in the United States Supreme Court.  This petition was denied on 10/06/08.

 

Institutional Adjustment:

 

DATE             DAYS             VIOLATION                                     LOCATION       

--------              ----                   -----------------                           ------------------- 

09/22/97          30                    FIGHTING                                         FLORIDA STATE PRISON

11/09/98          0                      FIGHTING                                         UNION C. I.         

03/05/01          30                    FIGHTING                                         UNION C. I.         

03/25/02          60                    UNARMED ASSAULT                    UNION C. I.         

03/25/02          60                    UNARMED ASSAULT                    UNION C. I.         

04/01/02          30                    DISORDERLY CONDUCT             UNION C. I.         

10/22/02          0                      FIGHTING                                         UNION C. I.         

01/23/03          180                  UNARMED ASSAULT                    UNION C. I.         

 

 

Report Date:   05/02/02          NMP

Approved:       05/10/02          WS

Updated:         01/14/09          AEH