The Commission on Capital Cases updates this information regularly

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 on for statistical or legal purposes.

BEASLEY, Curtis (W/M)

DC # 356054

DOB: 01/29/49

Tenth Judicial Circuit, Polk County, Case #95-4842

Sentencing Judge: The Honorable Cecelia M. Moore

Attorneys, Criminal Trial: Robert A. Norgard & Byron P. Hileman – Private

Attorney, Direct Appeal: Robert A. Norgard – Private

Attorney, Collateral Appeals: Dan Daly – Registry

Date of Offense: 08/24/95

Date of Sentence (Count I): 05/22/98

Date of Sentence (Counts II & III): 05/27/98

Circumstances of Offense:

On 08/24/95, Jane O’Toole discovered the body of her mother, Carolyn Monfort, bludgeoned to death in the laundry room of Monfort’s home. The head of a hammer, wrapped in two dishtowels, was found broken from its handle near her body. Monfort sustained severe lacerations and bruising to her head and face, along with defensive wounds on her arms and hands.

Monfort was last seen alive on 08/21/95. That morning, Monfort awoke and dressed for work as usual. Curtis Beasley, an acquaintance of the family, was staying with Monfort while he was doing some work at an apartment complex owned by Neal O’Toole, Monfort’s son-in-law. Monfort managed that apartment complex. Beasley would spend the night at Monfort’s place, but would spend the majority of his free time at the home of Steve Benson, who he lived with prior to staying at the Monfort residence. Since Beasley’s van had broken down, and he had borrowed several hundred dollars from a friend, Dale Robinson, to have it repaired, Monfort would drive Beasley to and from work each day.

Later on 08/21/95, Jane O’Toole, the wife of Neal O’Toole, arranged to have Beasley help her and her husband move some furniture. While moving the furniture, Beasley asked O’Toole for money. O’Toole informed Beasley that she has only a few dollars, but that her husband would pay him for the work that he was doing at the apartment complex. O’Toole drove Beasley back to the Monfort residence, where no one else was home.

Up until 7:00 p.m. that evening, several phone calls were made from the Monfort residence to persons unknown to Monfort, but known to Beasley, including a call to the United Kingdom. One of the numbers called was written in Beasley’s handwriting on a newspaper on the coffee table.

Evidence established that, after Monfort dropped Beasley off at work on 08/21/95, she went to a scheduled meeting at 9:00 a.m. Monfort then met with Mr. Rosario, a potential tenant, at 2:00 p.m. and again at 5:00 p.m. Rosario paid Monfort $800 in one-hundred-dollar bills for the first and last month’s rent. He also paid her $100 for a set of bedroom furniture that she was selling. A receipt found in Monfort’s car established this transaction. Rosario was the last person to see Monfort alive before the discovery of her body three days later.

Between 8:30 and 10:00 p.m. that night, Beasley drove Monfort’s car to visit Dale Robinson. Beasley told Robinson the car he was driving belonged to a lady friend that he was working for and staying with. During the visit, Beasley offered Robinson a one-hundred-dollar bill as partial payment for the money that Robinson loaned him for van repairs. Beasley then left Robinson’s house and did not return.

The next day, Beasley arrived at the bus station in Miami. At this point, he contacted the Malcolms, friends he had not spoken to in years. Beasley claimed to have lost his wallet and had his traveler’s checks stolen. Beasley stayed with Mrs. Malcolm for a few days, and then was allowed to stay at the home of Mrs. Bennis, Mr. Malcolm’s mother, while she was away for a couple of weeks. During this time, the same phone calls that appeared on Monfort’s bill also appeared on Mrs. Bennis’ bill, including the call to the United Kingdom.

When police conducted an investigation of the murder scene at the Monfort residence, they noted that the only rooms that appeared to be disturbed were the laundry room, dining room and garage. All other rooms were impeccably clean because the housekeeper had cleaned midmorning on 08/21/95. Monfort’s car was missing, as well as the hundreds of dollars given to her by Rosario. Several of Beasley’s personal items were located in the room that he had been occupying, including his business cards, cigarettes and toiletries.

Family members were permitted to enter the home before the completion of the investigation to determine if anything was missing. Family members were asked to notify investigators when they entered the house, so that investigators could be present while they searched. Before detectives arrived at the scene, Bud Stalnaker, Monfort’s son, found a pair of shoes and a wadded-up shirt under the bed in the guest room. No one touched the shirt and shoes until the detectives arrived. When Detective Cash was gathering the evidence from under the bed, she noticed bloodstains on the shirt. Subsequent DNA tests indicated that the blood belonged to Monfort, and the housekeeper identified the shirt as one she saw in Beasley’s room on the morning of 08/21/95.

A search for Beasley began in Central Florida. He continued to stay at the home of Mrs. Bennis until he got into a physical altercation with Mr. Malcolm. He was eventually located at a hotel in Alabama. He had grown a beard and was using the name “William Benson.” Beasley was charged with Robbery, Grand-Theft Auto, and the First-Degree Murder of Carolyn Monfort.

Prior Incarceration History in the State of Florida:

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
10/26/1983	CONSTRUCTIVE POSSESSION	05/02/1984	POLK	8303309	0Y 12M 0D
01/18/1988	GRAND THEFT,$300 LESS &20,000	11/20/1989	POLK	8801190	3Y 0M 0D
09/14/1991	POSS.FIREARM BY FELON	03/03/1993	POLK	9201681	3Y 0M 0D

Trial Summary:

02/01/96 The defendant was indicted on:

Count I: First-Degree Murder

Count II: Robbery

Count III: Grand Theft Auto

02/18/98 The defendant was found guilty of all counts charged in the indictment.

02/26/98 Upon advisory sentencing, the jury, by a majority of 10 to 2, voted for the death penalty.

05/22/98 The defendant was sentenced as followed:

Count I: First-Degree Murder - Death

05/27/98 The defendant was sentenced as followed:

Count II: Robbery – 15 years

Count III: Grand Theft Auto – 15 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #93,310

774 So. 2d 649

06/29/98 Appeal filed.

10/26/00 FSC affirmed the convictions and sentence of death.

12/21/00 Rehearing denied.

01/22/01 Mandate issued.

State Circuit Court – 3.850 Motion

CC #95-4842

04/30/01 Motion filed.

09/20/04 Motion amended.

11/15/04 Motion amended.

01/09/06 Evidentiary Hearing held.

10/05/06 CC denied motion.

Florida Supreme Court – 3.850 Appeal

FSC# 06-2375

18 So.3d 473

12/01/06 Appeal filed.

07/09/09 Appeal denied.

09/23/09 Rehearing denied.

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

USDC# 09-01962

09/25/09 Petition filed.

03/30/10 Petition denied.

United States Court of Appeals, Eleventh Circuit – Habeas Appeal

USCA# 10-11750

04/13/10 Appeal filed.

10/20/10 Certificate of Appealability(COA) denied.

United States Supreme Court – Petition for Writ of Certiorari

USSC# 10-8528

01/13/11 Petition filed.

03/28/11 Petition denied.

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

The 3.850 Motion was pending from 04/30/01 – 10/05/06.

Case Information:

On 06/29/98, Curtis Beasley filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in denying his motion of acquittal because the circumstantial evidence of the case was not inconsistent with Beasley’s reasonable hypothesis of innocence. After much consideration, the Florida Supreme Court ruled that there was substantial evidence on record to support Beasley’s convictions. Beasley also contended that the trial court erred by not sequestering the victim’s daughter and son, who were key witnesses in the case. Beasley argued that, without sequestration, one witness might change their testimony to match the evidence presented or previous testimony. Beasley also argued that the presence of the victim’s family and their emotional reactions prejudiced his case. Additionally, Beasley argued the consideration and application of aggravating and mitigating circumstances. The Florida Supreme Court affirmed Beasley’s convictions and sentence of death on 10/26/00.

Beasley filed a 3.850 Motion in the State Circuit Court on 04/30/01 and amended the motion on 09/20/04 and 11/15/04. On 01/09/06, an Evidentiary Hearing was held. On 10/05/06, the Circuit Court denied the motion.

Beasley filed a 3.850 Motion Appeal in the Florida Supreme Court on 12/01/06, which was denied on 07/09/09. A Motion for Rehearing was denied on 09/23/09.

Beasley filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District, on 09/25/09, which was denied on 03/30/10.

Beasley filed a Habeas Appeal in the United States Court of Appeals on 04/13/10. On 10/20/10, the United States Court of Appeals denied Beasley’s COA.

Beasley filed a Petition for a Writ of Certiorari in the United States Supreme Court on 01/13/11. That petition was denied on 03/28/11.

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Report Date: 09/06/02 ew

Approved: 09/18/02 ws

Updated: 04/13/11 jjk