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.
ZACK, Michael Duane (W/M)
DC # 124439
DOB: 12/14/68
First Judicial Circuit, Escambia County, Case #96-2517
Sentencing Judge: The Honorable Joseph Q. Tarbuck
Attorney, Trial: Elton William Killam - Assistant Public Defender
Attorney, Direct Appeal: David A. Davis - Assistant Public Defender
Attorney, Collateral Appeals: Linda McDermott – Private
Date of Offense: 06/13/96
Date of Sentence: 11/24/97
Circumstances of Offense:
Michael Zack was convicted and sentenced to death for the 06/13/96 murder of Ravonne Smith.
Prior to the murder of Ravonne Smith, Michael Zack resided in Tallahassee, Florida. Zack became a regular at local bar and befriended the bartender, Edith Pope. Through various conversations, Zack revealed that he witnessed his sister murder his mother with an axe. Feeling sorry for Zack, Pope gave him odd jobs to do around the bar. On 06/04/96, Zack’s girlfriend called him at the bar and informed him that he was being evicted from her apartment. Pope let Zack borrow her car to retrieve his personal belongings and he never returned.
Zack drove west to Panama City where he met and befriended Bobby Chandler at a local bar. Chandler owned a local construction business and hired Zack to work for him. Once Chandler discovered that Zack was living out of his car (Pope’s stolen Honda), he offered to let Zack stay with him temporarily. On 06/11/96, Zack left Chandler’s home in the middle of the night, stealing a couple of guns and $42 from Chandler’s wallet. Zack pawned the guns in Niceville the following day.
Zack then drove to Okaloosa County, stopping at another bar. There he met Laura Rosillo. Zack and Rosillo left the bar together and headed to the beach to reportedly do drugs. Once at the beach, Zack attacked Rosillo. He hit her head against one of the tires and tore her clothing. Zack strangled her and hid her body behind a sand dune, kicking dirt over her face before he left. The physical evidence suggested that Rosillo was sexually assaulted; however, the semen found in her body could not be linked to Zack.
Zack proceeded to Joe’s Dirty Bar near Pensacola. It was there that Zack met Ravonne Smith, one of the bar’s employees. The bar was not too busy that afternoon, giving Smith the opportunity to spend her time visiting with Zack. Smith called her friend Russell Williams and asked him to come to the bar because she was bored. Around 7 p.m., Smith, Williams and Zack left the bar together. Prior to leaving, Smith called her live-in boyfriend and told him that she would be working late. The three drove to the beach where they smoked marijuana and then later, they returned to the bar. After Williams departed, Zack and Smith proceeded to her house.
Immediately after entering the house, Zack reportedly hit Smith over the head with a beer bottle. Glass shards and blood splatter sprayed onto the interior of the door frame and the adjacent loveseat. Smith ran down the hall to the master bedroom, leaving a trail of blood behind her. Zack followed her into the bedroom and sexually assaulted her there. Smith then staggered into the guest bedroom and, upon seeing this, Zack smashed her head down onto the wooden floor. At this point, Zack retrieved an oyster knife from the kitchen, returned to the guest bedroom where Smith lay and stabbed her four times in the chest. Zack took the knife back to the kitchen to wash the blood off of it and stuffed Smith’s bloody clothes into a dresser drawer. He stole Smith’s car, along with her television, VCR and purse.
That night, Zack removed the license plate and some personal belongings from Pope’s stolen Honda and abandoned it in a lot nearby. He then drove back to Panama City in Smith’s car and attempted to pawn several of the stolen items. The shop clerk suspected that the goods were stolen and asked Zack for identification. Zack fled the shop and abandoned Smith’s car. He was apprehended a few days later when he was found hiding out in an empty house.
After his arrest, Zack confessed to the murder of Ravonne Smith and to the Pope and Chandler thefts.
Additional Information:
At trial, Zack’s defense counsel argued that Zack suffers from fetal alcohol syndrome and posttraumatic stress disorder which are classified as a brain dysfunction and a mental impairment respectively. These conditions have been claimed to make Zack impulsive and cause him to be under constant emotional and mental distress.
Prior Incarceration History in the State of Florida:
Zack was convicted in Okaloosa County for the murder of Laura Rosillo. He was sentenced to life.
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
10/16/1995 |
GRAND THEFT MOTOR VEHICLE |
1/12/1996 |
LEON |
9503422 |
2Y 0M 0D |
|
10/16/1995 |
RESIST.LEO/NO VIOL.-MISD. |
1/12/1996 |
LEON |
9503422 |
1Y 0M 0D |
Trial Summary:
06/25/96 The defendant was indicted on the following charges:
Count I: First-Degree Murder (Ravonne Smith)
Count II: Robbery with a Firearm
Count III: Sexual Battery
09/15/97 The jury found the defendant guilty of all counts charged in the indictment.
10/17/97 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the imposition of the death penalty.
11/24/97 The defendant was sentenced as followed:
Count I: First-Degree Murder (Ravonne Smith) - Death
Count II: Robbery with a Firearm - Life
Count III: Sexual Battery - Life
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #92,089
753 So.2d 9 (Fla. 2000)
12/29/97 Appeal filed.
01/06/00 Florida Supreme Court affirmed convictions and sentence of death.
03/20/00 Rehearing denied.
04/19/00 Mandate issued.
United States Supreme Court - Petition for Writ of Certiorari
USSC #99-10062
531 U.S. 858 (U.S. 2000)
06/19/00 Petition filed.
10/02/00 Petition denied.
State Circuit Court - 3.850 Motion
CC #96-2517
05/10/02 Motion filed.
07/15/03 Motion denied
Florida Supreme Court - 3.850 Appeal
FSC #03-1374
911 So.2d 1190
08/08/03 Appeal filed.
07/07/05 The FSC affirmed the denial of Zack’s 3.850 Motion.
09/16/05 Rehearing denied.
10/03/05 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #04-201
911 So.2d 1190
02/12/04 Petition filed.
07/07/05 Petition denied.
09/16/05 Rehearing denied.
10/03/05 Mandate issued.
State Circuit Court – 3.851 (Mental Retardation)
CC #96-2517
12/01/04 Motion filed.
01/18/05 Motion dismissed with prejudice.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #05-378
918 So.2d 240
03/04/05 Petition filed.
10/06/05 Petition denied.
12/22/05 Rehearing denied.
Florida Supreme Court – 3.203 Appeal
FSC# 05-963
982 So.2d 1179
03/18/05 Appeal filed.
09/20/07 Disposition affirmed.
10/03/07 Motion for Rehearing filed.
02/21/08 Rehearing denied.
03/05/08 Motion for Rehearing filed.
05/01/08 Rehearing denied.
United States District Court, North District – Petition for Writ of Habeas Corpus
USDC# 05-cv-00369
607 F.Supp.2d 1291
09/28/06 Petition filed.
11/14/05 Proceedings stayed.
03/20/08 Amended petition filed.
03/26/09 Petition denied with prejudice.
04/09/09 Motion to Alter or Amend Judgment filed.
04/20/09 Motion denied.
United States Court of Appeals, 11th Circuit – Habeas Appeal
USSC# 09-12717-P
(Pending)
05/19/09 Appeal filed.
Case Information:
On 12/29/97, Zack filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in admitting evidence of the crimes he committed during the weeks prior to Smith’s murder in violation of the Williams v. State[1]. Zack contended that “these crimes were not sufficiently similar to the crimes charged, did not prove intent or disprove involuntary intoxication, were not inextricably intertwined, and became a feature of the trial.” The Florida Supreme Court found no error in the admission of the evidence in question. Zack also contended that the trial court erred in denying his motion for acquittal on the sexual battery and robbery charges. Zack next argued that the State failed to prove the “avoid arrest” aggravating factor. The Florida Supreme Court agreed, but found the error to be harmless in lieu of the weight of other valid, proven aggravators. Zack also argued that the “felony probation” aggravating factor could not be retroactively applied to him, noting that it was in October of 1996 that the Florida Legislature amended the statute, making the commission of a murder by a defendant on felony probation an aggravating factor[2]. The Florida Supreme Court agreed, but found the error to be harmless beyond a reasonable doubt. As such, the Florida Supreme Court affirmed Zack’s convictions and sentence of death on 01/06/00.
Next, Zack filed a Petition for Writ of Certiorari in the United States Supreme Court on 06/19/00. The petition was denied on 10/02/00.
Zack then filed a 3.850 Motion in the State Circuit Court on 05/10/02. The motion was amended on 10/21/02 and denied on 07/15/03.
Zack filed a 3.850 Appeal to the Florida Supreme Court on 08/08/03. Zack raised six issues for review in the appeal. He argued that the trial counsel was ineffective for failing to challenge the DNA testimony presented by the State; that counsel was ineffective since he failed to prepare him to testify at trial; that counsel was ineffective because he made prejudicial comments to the jury; that the trial court erred in denying claims raised in his motion for postconviction relief; that Florida’s sentencing scheme is unconstitutional under Ring; and that collateral counsel was ineffective. The court denied all six claims. On 07/07/05, the Florida Supreme Court affirmed the denial of Zack’s 3.850 Motion.
Zack filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 02/12/04. In his petition, Zack argued that appellate counsel was ineffective for neglecting to raise a claim about the State’s racially motivated peremptory challenge during jury selection and should have also argued that the prosecutor made impermissible arguments to the jury. He also argued that the State introduced nonstautory aggravating factors in court and that appellate counsel was ineffective for neglecting to raise a claim on appeal about admitting certain crime scene photos as evidence and for neglecting to raise a claim that the trial court erroneously admitted irrelevant and prejudicial evidence to the court such as evidence on other crimes Zack committed. The court denied all six of Zack’s claims, denying his petition on 07/07/05.
On 12/01/04, Zack filed a 3.851 Motion for mental retardation to the state circuit court. On 01/18/05, the motion was dismissed with prejudice.
On 03/04/05, Zack filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court. The FSC denied Zack’s petition on 10/06/05 based on Chandler v. Crosby.
Zack filed a 3.203 Appeal in the Florida Supreme Court on 03/18/05. The Circuit Court’s decision was affirmed by the Florida Supreme Court on 09/20/07. Zack filed a Motion for Rehearing on 10/03/07 which was denied on 02/21/08. Zack filed a successive Motion for Rehearing on 03/05/08 which was denied on 05/01/08.
On 09/28/05, Zack filed a Petition for Writ of Habeas Corpus in the United States District Court, North District. On 03/20/08, Zack filed an amended Petition for Writ of Habeas Corpus. This petition was denied with prejudice on 03/25/09. Zack filed a Motion to Alter or Amend Judgment on 04/09/09, and it was denied on 04/20/09.
On 05/19/09, Zack filed a Habeas Petition Appeal to the United States Court of Appeals, 11th Circuit. This case is currently pending.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
07/19/98 |
28 |
POSS OF CONTRABAND |
CENTRAL OFFICE |
|
10/15/98 |
0 |
DISORDERLY CONDUCT |
FSP |
|
12/12/03 |
30 |
DISOBEYING ORDER |
UNION C. I. |
_______________________________________________________________________
Reported 04/10/03 EW
Approved 04/23/03 WS
Updated 09/16/09 EMJ