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.
SMITH, STEPHEN V. (W/M)
DOB: 01/13/61
Twentieth Judicial Circuit, Charlotte County Case #0301526
Sentencing Judge: The Honorable William L. Blackwell
Attorney, Trial: Paul D. Sullivan – Agency
Attorney, Direct Appeal: Ryan T. Truskoski – Private
Attorney, Collateral Appeals: Richard Kiley – CCRC-M
Date of Offense: 06/11/03
Date of Sentence: 08/18/06
Circumstances of Offense:
Stephen Smith, Dwight Eaglin, and Michael Jones were indicted for the first-degree murder of Officer Lathram at Charlotte Correctional Institution (CCI) during an escape attempt. The defendants were tried separately.
Stephen Smith and two other inmates at CCI began formulating an escape plan in early 2003. The three men were part of a small inmate work crew of other CCI prisoners who were working on renovations to the inmate dormitories. This construction work allowed the men temporary access to a number of tools appropriate to plumbing and welding. The three men had planned to join various ladders together with bracing materials to create a ladder-bridge that would span the length of the two perimeter fences. It was planned that Eaglin would use the ladder-bridge to overcome the first perimeter fence and wait for a guard truck to pass. He would then attack the driver with a hammer from the tool cache, providing the inmates with transport. In discussing the plan with other inmates, Smith bragged that he would kill any correctional officer guarding them and that he would be famous for doing so. Smith also preferred to escape when a female officer was supervising the crew so that he could rape her.
On 06/11/03, Smith, Eaglin, and Jones were working a construction detail that occasionally worked in the evening. Because these evening crews were composed of only five or six individuals, only one guard was assigned to supervise. Officer Lathram, a female correctional officer, was assigned to supervise the work detail on this particular evening. At 4:00 p.m., Officer Lathram took the five-person crew – the three defendants and two other inmates – to work in the dormitory for the evening. At 8:30 p.m., Lathram performed a head count. Just after the head count, Eaglin beat up inmate Charles Fuston and locked him in a cell. Eaglin then returned with a sledgehammer and beat him to death. Fuston knew of the escape plan and had decided against it. After the first murder, the three men told Officer Lathram that they required something from a locked mop closet. Officer Lathram took them to the closet and while she appropriated the key, Eaglin struck her twice in the head with a sledgehammer. They then took the officer’s radio and keys and while Eaglin locked her body in the closet, Smith and Jones left to assemble the ladders for the escape. Before joining the others, Eaglin found the other inmate of the work detail and incapacitate him with a separate hammer. The three inmates then reunited at the interior perimeter fence. In their attempt to lift the ladder-bridge, it collapsed and fell against the fence, setting off an alarm. Officers responding to the alarm witnessed the three men trying to escape. Eaglin was found between the perimeter fences; Smith was climbing the ladder against the interior fence; and Jones was standing nearby within the interior fence. Officer Lathram’s body was found in the locked mop closet, the sledgehammer on the floor beside her. The officers also discovered the other two inmates of the work detail, one of whom was injured, and Fuston, who was found dead in a locked cell.
Codefendant Information:
Dwight Eaglin
Dwight Eaglin was sentenced to death on 03/31/06 for his role in the murder of Officer Lathram. His Direct Appeal is currently pending in the Florida Supreme Court.
Michael Jones was sentenced to life in prison after pleading guilty for his role in the murder of Officer Lathram.
Additional Information:
At the time of the incident, Smith was serving seven life sentences for murder, rape, and armed burglary.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
01/30/90 |
BURLARY |
08/21/90 |
BROWARD |
9017247 |
4Y 6M 0D |
|
01/30/90 |
GRAND THEFT |
08/21/90 |
BROWARD |
9017247 |
4Y 6M 0D |
|
02/17/90 |
BURGLARY |
08/21/90 |
BROWARD |
9015906 |
4Y 6M 0D |
|
02/17/90 |
GRAND THEFT |
08/21/90 |
BROWARD |
9015906 |
4Y 6M 0D |
|
03/09/90 |
1ST DEGREE MURDER |
09/30/93 |
BROWARD |
0922473 |
LIFE |
|
03/09/90 |
ROBBERY W DEADLY WEAPON |
09/30/93 |
BROWARD |
9022473 |
LIFE |
|
03/09/90 |
BURGLARY ASSAULT |
09/30/93 |
BROWARD |
9022473 |
LIFE |
|
04/05/90 |
L/L, INDEC. ASLT CHILD U/16 |
03/08/93 |
BOWARD |
9022915 |
15 Y 0M 0 D |
|
04/05/90 |
ROBB. GUN/DEADLY WPN |
03/08/93 |
BROWARD |
9022915 |
LIFE |
|
04/05/90 |
BURGLARY, ARMED |
03/08/93 |
BROWARD |
9022915 |
LIFE |
|
04/05/90 |
KIDNAP |
03/08/93 |
BROWARD |
9022915 |
LIFE |
|
04/05/90 |
SEXUAL BATTERY |
03/08/93 |
BROWARD |
9022215 |
LIFE |
|
06/12/90 |
BURGLARY |
08/21/90 |
BROWARD |
9017248 |
4Y 6M 0D |
|
06/12/90 |
GRAND THEFT |
08/21/90 |
BROWARD |
9017248 |
4Y 6M 0D |
|
06/19/90 |
BURGLARY |
08/21/90 |
BROWARD |
9014905 |
4Y 6M 0D |
|
06/19/90 |
GRAND THEFT |
08/21/90 |
BROWARD |
9014905 |
4Y 6M 0D |
|
06/25/90 |
BURGLARY |
08/21/90 |
BROWARD |
9015495 |
4Y 6M 0D |
|
06/25/90 |
GRAND THEFT |
08/21/90 |
BROWARD |
9015495 |
4Y 6M 0D |
|
06/27/90 |
BURGLARY |
08/21/90 |
BROWARD |
9015369 |
4Y 6M 0D |
|
06/27/90 |
GRAND THEFT |
08/21/90 |
BROWARD |
9015369 |
4Y 6M 0D |
|
06/29/90 |
BURGLARY |
08/21/90 |
BROWARD |
9017249 |
4Y 6M 0D |
|
06/29/90 |
GRAND THEFT |
08/21/90 |
BROWARD |
9017249 |
4Y 6M 0D |
|
07/09/90 |
BURGLARY |
03/28/96 |
PALM BEACH |
9010576 |
5Y 0M 0D |
|
07/90/90 |
GRAND THEFT |
03/28/96 |
PALM BEACH |
9010576 |
5Y 0M 0D |
|
07/09/90 |
BURGLARY |
08/21/90 |
BROWARD |
9017250 |
4Y 6M 0D |
|
07/09/90 |
GRAND THEFT |
08/21/90 |
BROWARD |
9017250 |
4Y 6M 0D |
Trial Summary:
12/03/03 Indicted as follows:
Count I: First Degree Murder (Darla K. Lathrem)
Count II: First Degree Murder (Charles B. Fuston)
06/21/06 State entered nolle prosequi against the defendant on count two for the death of Charles B. Fuston
06/23/06 Jury returned guilty verdict on Count I of the indictment.
07/01/06 Jury recommended death by a vote of 9-3.
08/18/06 Sentenced as follows:
Count I: First Degree Murder (Darla K. Lathrem) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 06-1903
998 So.2d 516
09/25/06 Direct Appeal filed
09/25/08 Disposition affirmed
10/06/08 Motion for Rehearing filed
12/18/08 Rehearing denied
01/05/09 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 08-8829
129 S.Ct. 2006
01/21/09 Petition filed
04/20/09 Petition denied
Circuit Court – 3.851 Motion
CC# 03-01526
(Pending)
03/24/10 Motion filed
Case Information:
On 09/25/06, Smith filed a Direct Appeal in the Florida Supreme Court, citing the following issues: (1) the defendant’s due process rights were violated when the trial court failed to make findings of fact and conclusions of law in its order denying the defendant’s motion to suppress, (2) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to preserve for appellate review the trial court’s denial of his motion to suppress where he failed to object to the evidence when it was introduced at trial, (3) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to object to the testimony that the defendant wanted to rape a female prison guard during his escape attempt, (4) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to move for a judgment of acquittal based on the State’s failure to prove that the murder was not the independent act of codefendant Eaglin, (5) the State failed to prove that the defendant committed first-degree murder, (6) the State failed to prove that the defendant committed felony murder, (7) the defendant’s due process rights were violated when the State took inconsistent positions between his trial and the trial of his codefendant as to who plotted and led the escape, (8) the defendant’s due process rights were violated and he was denied a fair penalty phase when the State violated an order in limine which prohibited it from referring to the defendant’s previous penalty phase in his prior conviction, (9) the trial court committed reversible error in its conclusion that the aggravating factors outweighed the mitigating factors in this case, (10) the defendant’s sentence of death was disproportionate, (11) the trial court reversibly erred when it refused the defense’s request to instruct the jury on the defendants list of mitigating evidence, (12) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to challenge the constitutionality of Florida’s lethal injection procedures, (13) Florida’s lethal injection procedure violates the separation of powers doctrine, (14) Florida’s death penalty scheme violates due process, the Sixth amendment, and Ring V. Arizona and its progeny, (15) the trial court improperly prevented the defense from telling the jury that it was primarily responsible for sentencing the defendant and that it needed to take the responsibility seriously, (16) the defendant’s trial attorney rendered ineffective assistance of counsel when he failed to challenge the constitutionality of Florida’s clemency procedures, and (17) the cumulative effect of the deficient performance of the defendant’s trial counsel and the nonreversible errors in this case deprived the defendant of a fair trial. On 09/28/08, the Florida Supreme Court affirmed the decision of the trial court and the sentence of death. On 10/06/08, Smith filed a Motion for Rehearing which was denied on 12/18/08. On 12/18/08, the Florida Supreme Court issued a revised opinion. On 01/05/09, the Florida Supreme Court entered a mandate in this case.
On 01/21/09, Smith filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 04/20/09.
Smith filed a 3.851 Motion in the Circuit Court on 03/24/10. This motion is currently pending.
________________________________________________________________________
Report Date: 01/02/09 AEH
Approved: 01/05/09 RM
Update: 04/05/10 EMJ