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. 

 

DAVIS, Adam (W/M)

DC#    145267

DOB: 12/10/78

 

Thirteenth Judicial Circuit, Hillsborough County Case # 98-11873

Sentencing Judge: The Honorable Cynthia Holloway

Attorneys, Trial: Rick Terrana & Charles Traina – Private

Attorney, Direct Appeal: Guillermo De Jesus Gomez, Jr. – Private

Attorney, Collateral Appeals:  Peter Cannon – CCRC-M

 

Date of Offense:         06/27/98

Date of Sentence:       12/17/99

 

Circumstances of Offense:

 

On 06/26/98, Vicki Robinson ran errands with her daughter, Valessa Robinson, her daughter’s boyfriend, Adam Davis, and a mutual friend of her daughter and Davis, Jon Whispel.  After dinner that evening, Davis and Whispel left the Robinson home and went to a Denny’s restaurant.  Later that evening, Valessa Robinson sneaked out of her home and joined Davis and Whispel at the restaurant.  The trio left the restaurant in search of drugs, bought and took LSD, and returned to the restaurant.  While at the restaurant, Valessa Robinson stated that the three should kill her mother.  Whispel thought Valessa was joking, but Davis and Valessa began to plan how to carry out the murder, agreeing on a lethal heroin overdose of Valessa’s mother. 

 

The three went back to Ms. Robinson’s house, took her van without her knowledge, and attempted to buy heroin and a syringe.  Unable to purchase heroin, Davis purchased a syringe.  Davis suggested that they kill Ms. Robinson by filling the syringe with bleach and an air bubble.  In the kitchen, Davis put Ms. Robinson into a “sleeper” hold, trying to render her unconscious.  Davis injected Ms. Robinson with the syringe, but after a few minutes, the bleach did not kill Ms. Robinson, so Davis stabbed her with a knife.  Shortly thereafter, the three heard moaning from the kitchen, so Davis grabbed the knife and left the room.  Davis later told Whispel that he stabbed Ms. Robinson two more times and tried to break her neck. 

 

A few hours later, the three cleaned the kitchen with bleach and towels.  Davis put Ms. Robinson’s body into a trash can, and loaded the trash can, along with shovels and a hoe into Ms. Robinson’s van and drove to a wooded area to bury her.  The digging was unsuccessful, so they concealed the trash can with foliage, planning to come back later. 

 

The three later returned to Ms. Robinson’s house and obtained her credit cards, cash, and ATM card since Valessa knew Ms. Robinson’s personal identification number.  The three spent the next few days in Ybor City, using Ms. Robinson’s money to get tattoos and stay at motels.   They also purchased twenty bags of concrete, a bucket, and a trash can, with the intention of dumping the body in a canal.

 

While Davis, Valessa, and Whispel were in Ybor City, Florida, Ms. Robinson’s boyfriend, Jim Englert, reported her missing.  Davis learned from a friend that both Davis and Valessa were on the news, so the three decided to leave town and flee to Phoenix, Arizona.  They never returned to complete their plans to dispose of Ms. Robinson’s body. 

 

Ms. Robinson’s credit union tracked the use of her credit card, and Davis, Valessa, and Whispel were apprehended in Pecos County, Texas, after a high-speed chase. 

 

Codefendant Information:

 

Valessa Robinson was tried and convicted on charges of Third-Degree Murder and Grand Theft Auto.  On 05/30/00, she was sentenced to fifteen and five years, respectively. 

 

Jon Whispel pled guilty to charges of Second-Degree Murder, Third-Degree Grand Theft, and Grand Theft Auto.  On 06/29/99, he was sentenced to twenty-five years for the crimes. 

 

Prior Community Supervision History in the State of Florida:

 

Offense Date

Offense

Sentence Date

County

Case No.

Community Supervision Length

08/05/1997

BURGUNOCCSTRUC/CV OR ATT.

08/28/1997

HILLSBOROUGH

9712796

3Y 0M 0D

08/05/1997

GRAND THEFT,300 L/5,000

08/28/1997

HILLSBOROUGH

9712796

3Y 0M 0D

10/24/1997

TRESPASS STRUCTURE ARMED

03/09/1998

HILLSBOROUGH

9717455

2Y 0M 0D

10/24/1997

CRIMINAL MISCHIEF/PROP.DAMAGE

03/09/1998

HILLSBOROUGH

9717455

2Y 0M 0D

08/05/1997

BURGUNOCCSTRUC/CV OR ATT.

03/09/1998

HILLSBOROUGH

9712796

2Y 0M 0D

08/05/1997

GRAND THEFT,300 L/5,000

03/09/1998

HILLSBOROUGH

9712796

2Y 0M 0D

 

Trial Summary:

 

07/08/98          Indicted as follows:

                                    Count I:           First-Degree Murder

                                    Count II:         Armed Robbery

                                    Count III:        Grand Theft Auto

11/04/99          Jury returned guilty verdicts on all counts of the indictment

11/05/99          Jury recommended death by a vote of 7-5

12/17/99          Sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         Armed Robbery – Time Served

                                    Count III:        Grand Theft Auto – Time Served

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 00-313

859 So.2d 465

 

02/14/00          Appeal filed

09/11/03          Conviction and sentence affirmed

10/31/03          Rehearing denied and Mandate issued

 

Circuit Court – 3.851 Motion

CC# 98-11873

 

02/01/05          Motion filed

02/08/06          Evidentiary Hearing held

04/20/06          Evidentiary Hearing held

06/21/06          CC denied motion

 

Florida Supreme Court – 3.851 Motion Appeal

FSC# 06-1444

990 So. 2d 459

 

07/18/06          Appeal filed

06/05/08          Appeal denied

09/16/08          Mandate issued

 

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 08-01842

 

09/17/08          Petition filed

10/15/09          Petition denied

 

Unites States Court of Appeals, Eleventh Circuit – Habeas Appeal

USCA# 10-11496

 

04/09/10          Appeal filed

09/16/10          Appeal denied

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The Direct Appeal was pending from 02/14/00 – 09/11/03.

 

Case Information:

 

Davis filed a Direct Appeal with the Florida Supreme Court on 02/14/00, citing issues such as evidence admitted at trial, finding of aggravating circumstances, and the constitutionality of the death penalty.  On 09/11/03, the convictions and sentence were affirmed. 

 

Davis filed a 3.851 Motion with the Circuit Court on 02/01/05.  On 02/10/06 and 04/20/06, Evidentiary Hearings were held.  On 06/21/06, the CC denied the motion.    

 

Davis filed a 3.851 Motion Appeal with the Florida Supreme Court on 07/18/06, which was denied on 06/05/08.

 

Davis filed a Petition for Writ of Habeas Corpus with the United States District Court on 09/17/08, which was denied on 10/15/09.

 

Davis filed a Habeas Appeal with the United States Court of Appeals on 04/09/10. This appeal was denied on 09/16/10.

 

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      

 

03/25/00               8                              UNAUTH PHY. CONTACT              FLORIDA STATE PRISON

03/17/06               0                              ATTEMPT TO CONSPIRE               UNION C.I.

 

________________________________________________________________________

 

Report Date:   07/28/04          JFL

Updated:         10/25/10          JJK