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.
FITZPATRICK, Michael (W/M)
DC# 527097
DOB: 05/10/62
Sixth Judicial Circuit, Pasco County Case # 97-482
Sentencing Judge: The Honorable Maynard Swanson, Jr.
Attorney, Trial: Bill Eble – Court-Appointed
Attorney, Direct Appeal: Robert Moeller – Assistant Public Defender
Attorney, Collateral Appeals: Mark Gruber & Daphney Gaylord – CCRC-M
Date of Offense: 08/18/96
Date of Sentence: 11/02/01
Circumstances of Offense:
In August of 1996, Laura Romines was living with her boyfriend, Joe Galbert, in a Motel 6 in Land O’Lakes, Florida. Police were called to the Motel 6 in response to a domestic battery call in which Galbert beat up Romines and dropped a bed on her head. A security guard at the motel, Stephen Kirk, tried to get Romines into a shelter, but was unsuccessful. He then invited her to stay with him and his roommate.
On 08/17/96, after two weeks at Kirk’s apartment, Romines was asked to leave. Pasco County Sheriff’s deputies were called to Kirk’s apartment to escort Romines from the apartment, and when they arrived, they tried unsuccessfully to get Romines into a shelter. One of the deputies drove Romines to a convenience store (7-11) in Hillsborough County and dropped her off at approximately 7:30 or 8:00 p.m. At the time, Romines had a laundry basket and about seven or eight plastic garbage bags full of her belongings.
Michael Fitzpatrick worked for Pro Pizza and was making deliveries on the night of 08/17/96. After one delivery, he returned and told the owners that he picked up a young lady at a convenience store and took her to the Sunny Palms Motel. Around 9:30 p.m., one of the owners was making a delivery, saw Fitzpatrick at the Sunny Palms Motel, and told him to get back to work. Fitzpatrick left work around 11:45 p.m. and took a pizza with him.
Witnesses at the Sunny Palms Motel saw Fitzpatrick drop Romines off at the motel. Romines told one of the motel’s residents that she was looking for a place to stay and Romines was referred to A.J. Howard, who frequently allowed young women to stay at his house. Romines went to Howard’s house and was later picked up by Fitzpatrick when he left work.
In the early morning hours of 08/18/96, a nude Romines was seen standing on the side of a road, covered in blood – the result of a slit throat. Romines was airlifted to a hospital, but later died on 09/05/96. Medical examiners determined the cause of death to be hemorrhaging and aspiration of blood due to an incised wound of the neck that penetrated the larynx and esophagus.
Due to witness sightings of Fitzpatrick with Romines on the night of 08/17/96, police began to focus on Fitzpatrick as the primary suspect. Fitzpatrick was asked to submit a blood sample for analysis. Fitzpatrick’s DNA profile matched DNA evidence, including semen and bodily fluids, taken from a rape kit administered to Romines at the hospital.
Additional Information:
Fitzpatrick’s first trial resulted in a mistrial.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
11/25/1992 |
GRAND THEFT,$300 LESS &20,000 |
12/03/1993 |
HILLSBOROUGH |
9304141 |
3Y 6M 0D |
|
03/07/1993 |
AGG BATTERY INTENDED HARM |
12/03/1993 |
HILLSBOROUGH |
9303127 |
3Y 6M 0D |
Prior Community Supervision History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
11/25/1992 |
GRAND THEFT,$300 LESS &20,000 |
12/03/1993 |
HILLSBOROUGH |
9304141 |
2Y 11M 11D |
|
03/07/1993 |
AGG BATTERY INTENDED HARM |
12/03/1993 |
HILLSBOROUGH |
9303127 |
2Y 11M 11D |
|
03/07/1993 |
AGG BATTERY INTENDED HARM |
07/12/1993 |
HILLSBOROUGH |
9303127 |
2Y 0M 0D |
|
11/25/1992 |
GRAND THEFT,$300 LESS &20,000 |
07/12/1993 |
HILLSBOROUGH |
9304141 |
2Y 0M 0D |
Trial Summary:
02/07/97 Indicted as follows:
Count I: First-Degree Murder
Count II: Sexual Battery
03/30/01 Jury returned guilty verdicts on all counts of the indictment
04/05/01 Jury recommended death by a vote of 10-2
11/02/01 Sentenced as follows:
Count I: First-Degree Murder – Death
12/21/01 Sentenced as follows:
Count II: Sexual Battery – 30 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 01-2759
900 So. 2d 1143
12/10/01 Appeal filed
01/27/05 FSC affirmed murder conviction and sentence
04/21/05 Revised opinion issued and rehearing denied
05/12/05 Mandate issued
Circuit Court – 3.851 Motion
CC# 97-482
(Pending)
07/05/06 Motion filed
03/07/07 Motion amended
05/11/10 Motion amended
12/09/10 Motion granted
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal was pending from 12/10/01 – 01/27/05.
Case Information:
Fitzpatrick filed a Direct Appeal with the Florida Supreme Court on 12/10/01, citing the following errors: denying motions for acquittal, denying a motion to suppress statements made to detectives, denying a motion to suppress DNA results, permitting the State to introduce detective testimony, denying a motion to suppress identifications, excluding critical defense evidence, committing errors leading to an unreliable sentence, relying on an unconstitutional death penalty statute, and failing to use a sentencing guidelines score sheet for the Sexual Battery conviction. On 01/27/05, the FSC affirmed the murder conviction and sentence.
Fitzpatrick filed a 3.851 Motion with the Circuit Court on 07/05/06. The motion was amended on 03/07/07 and 05/11/10. On 12/09/10, the Circuit Court granted Fitzpatrick’s 3.851 motion, vacating his judgments and sentences.
________________________________________________________________________
Report Date: 05/27/05 JFL
Updated: 01/07/10 JJK