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.
HENRY, Robert (B/M)
DC # 607497
DOB: 05/01/58
Seventeenth Judicial Circuit, Broward County Case # 87-18628 CF10A
Sentencing Judge: The Honorable Mark E. Polen
Trial Attorney: Bruce Raticoff
Attorney, Direct Appeal: Gary Caldwell – Assistant Public Defender
Attorney, Collateral Appeals: Ali Andrew Shakoor – CCRC-M & Pro Se (Federal)
Date of Offense: 11/02/87
Date of Sentence: 11/09/88
Circumstances of the Offense:
On November 1, 1987, police and firefighters responded to a 9:30 p.m. call about a fire at a Deerfield Beach fabric store. Once inside, they discovered Phyllis Harris and Janet Thermidor, two of the store’s employees. Harris was tied up in the men’s restroom and was found dead. Thermidor was found on the floor of the women’s restroom and conscious even though she had a head wound and was burned on over 90 percent of her body. Thermidor told a police officer that the store’s maintenance man, Robert Henry, hit her on the head with a hammer after entering the office and then stole the store’s money. Henry momentarily left the office, but Thermidor recalls him returning to throw a liquid on her and then setting her on fire. Thermidor stated that she fled to the restroom to try and extinguish the fire. The following morning, Thermidor died.
Following Thermidor’s lead, the police located and arrested Henry on the morning of November 3rd. Henry’s initial statement was that he was abducted by three strangers who subsequently robbed the store; however, Henry later made self-incriminating statements.
Trial Summary:
11/18/87 Defendant was indicted with the following:
Count I: First-Degree Murder
Count II: First-Degree Murder
Count III: Robbery with a Deadly Weapon
Count IV: Arson with a Deadly Weapon
09/29/88 Defendant was found guilty by the trial jury on all counts
10/06/88 The jury recommended Death for Count I by a vote of 8-4 and Count II by
a vote of 9-3
11/09/88 Defendant was sentenced as follows:
Count I: First-Degree Murder - Death
Count II: First-Degree Murder - Death
Count III: Robbery with a Deadly Weapon – life sentence
Count IV: Arson with a Deadly Weapon – life sentence
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC #73,433
586 So. 2d 1033
12/09/88 Appeal filed.
08/29/91 FSC affirmed the convictions and the sentences of Death.
10/30/91 Rehearing denied.
12/02/91 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #91-7170
505 U.S. 1216
01/28/92 Petition filed.
06/29/92 Petition granted.
09/04/92 Rehearing denied.
Florida Supreme Court – Direct Appeal (on remand from USSC)
FSC #73,433
613 So. 2d 429
12/24/92 FSC affirmed convictions and sentences
03/05/93 Rehearing denied.
04/05/93 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #93-5547
510 U.S. 1048
08/09/93 Petition filed.
01/10/94 Petition denied.
State Circuit Court – 3.850 Motion
CC #87-18628
06/01/95 Motion filed.
01/17/03 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #03-1312
937 So. 2d 563
07/29/03 Appeal filed.
05/25/06 FSC affirmed denial of motion.
09/14/06 Mandate issued.
Circuit Court – 3.853 Motion
CC# 87-18628
09/30/03 Motion filed.
01/05/04 Motion dismissed.
Florida Supreme Court – 3.853 Motion Appeal
FSC# 04-789
05/05/04 Appeal filed.
04/10/06 Appeal voluntarily dismissed.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 04-1285
937 So. 2d 563
06/28/04 Petition filed.
05/25/06 FSC denied petition.
09/14/06 Mandate issued.
Circuit Court – 3.853 Motion
CC# 87-18628
04/04/07 Motion filed.
08/06/07 Amended motion filed.
10/12/07 Motion denied.
United States District Court, Southern District- Petition for Writ of Habeas Corpus
USDC # 07-cv-61281
09/10/07 Petition filed.
10/04/07 Amended petition filed.
04/24/09 Petition denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #08-1005
(Pending)
04/04/08 Petition filed.
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-12871
(Pending)
06/09/09 Appeal filed.
Florida Supreme Court – 3.850 Appeal
FSC #08-1005
11/30/09 Appeal filed
06/09/10 Appeal denied
United States Supreme Court – Petition for Writ of Certiorari
USSC # 09-8864
01/25/10 Petition filed
04/05/10 Petition denied
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal took three years for a decision to be rendered. During the Petition for Writ of Certiorari, the United States Supreme Court vacated the sentence and remanded the case to the Florida Supreme Court. The Circuit Court 3.850 took eight years prior to a decision being rendered. The 3.850 motion was amended three times over the course of three years. There were several changes in CCRC counsel and several evidentiary hearings.
Case Information:
A direct appeal was filed on 12/09/88. Issues that were raised included whether the trial court erred in not granting his motion to suppress all of Henry’s statements, and whether the trial court erred in not granting his motion to suppress Thermidor’s statement claiming that it did not qualify as a dying declaration. The Florida Supreme Court found all of the claims either without merit or harmless and affirmed the conviction and sentence of Death on 08/29/91.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 01/28/92 and granted on 06/29/92. The petition was granted based on Espinosa v. Florida (jury rendered advisory verdict in sentencing hearing after being instructed on invalid aggravating circumstances) and Sochor v. Florida (judge’s improper weighing in capital sentencing hearing of aggravating factor not supported by evidence). The rehearing was denied on 09/04/92 and remanded to the Florida Supreme Court.
The Florida Supreme Court affirmed the conviction and sentence on 12/24/92.
A second Petition for Writ of Certiorari was filed on 08/09/93 and denied on 01/10/94.
A 3.850 motion was filed with the circuit court on 06/01/95 and was denied on 01/17/03.
A 3.850 Appeal was filed with the Florida Supreme Court on 07/29/03, citing ineffective assistance of counsel. On 05/25/06, the FSC affirmed the denial of the motion.
A 3.853 Motion was filed in the Circuit Court on 09/30/03 and was dismissed on 01/05/04.
A 3.853 Motion Appeal was filed with the Florida Supreme Court on 05/05/04 and was voluntarily dismissed on 04/10/06.
A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 06/28/04, citing ineffective assistance of counsel. On 05/25/06, the FSC denied the petition.
On 04/04/07, Henry filed a 3.853 motion, which was amended on 08/06/07.
Henry filed a Petition for Writ of Habeas Corpus on 09/10/07 in the United States District Court, Southern District. This petition was amended on 10/04/07 and was denied on 04/24/09.
On 04/04/08, Henry filed a Pro Se Petition for Writ of Habeas Corpus with the Florida Supreme Court that is still pending.
On 06/09/09, Henry filed a Habeas Appeal in the United States Court of Appeals. This appeal is pending.
On 11/30/09, Henry filed a 3.850 Appeal with the Florida Supreme Court. This appeal was denied on 06/09/10.
On 01/25/10, Henry filed a petition for a Writ of Certiorari with the United States Supreme Court. This petition was denied on 04/05/10.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
05/28/92 0 POSS OF UNAUTH BEV. FLORIDA STATE PRISON
01/16/94 0 DISOBEYING ORDER UNION C. I.
03/15/95 0 DISRESP.TO OFFICIALS UNION C. I.
07/12/95 0 UNARMED ASSAULT UNION C. I.
09/18/97 0 DISRESP.TO OFFICIALS UNION C. I.
07/09/98 0 ASSAULTS OR ATTEMPT UNION C. I.
09/12/98 0 DISOBEYING ORDER UNION C. I.
09/13/98 0 DISOBEYING ORDER UNION C. I.
11/13/98 0 DISRESP.TO OFFICIALS UNION C. I.
_____________________________________________________________________
Report Date: 11/20/01 cc
Approved: 12/17/01 ws
Updated: 06/21/10 CAR