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. 

 

SOCHOR, Dennis AKA Paul Grant (W/M)

DC #   639131

DOB:   02/25/52

 

­­­Seventeenth Judicial Circuit, Broward County, Case #86-15270

Sentencing Judge: The Honorable Russell E. Seay, Jr.

Attorney, Trial: Charles Rich – Special Public Defender

Attorney, Direct Appeal: Gary Caldwell – Assistant Public Defender

Attorney, Collateral Appeals:  Paul Kalil, Rachel Day – CCRC-S

 

Date of Offense: 01/01/82

Date of Sentence: 11/02/87

 

Circumstances of Offense:

 

Dennis Sochor was convicted and sentenced to death for the murder of Patricia Gifford.

 

According to the testimony of Gary Sochor, Dennis Sochor’s brother, he and Dennis met Patricia Gifford, the victim, at a lounge on New Year’s Eve of 1981.  When it was time to leave the lounge, Gary said that Dennis and Gifford were kissing while he waited in the truck.  Gifford agreed to accompany Gary and Dennis to breakfast.  Gary testified that Dennis drove to an isolated area with the victim sitting between the brothers in the truck.  Dennis then stopped the vehicle.  Gary claimed that Dennis assaulted Gifford while she screamed for help and that he tried to stop Dennis from assaulting the victim, but Dennis told him to get back in the truck.  A short time later, Dennis came back to the truck, and they went home.  The next morning, Gary found a woman’s shoe, sweater, and a set of keys in Dennis’ truck.  He hid the keys.  Later on, Gary noted that the truck had been cleaned and the shoe and sweater had been removed.  Gary told Dennis about the keys and then gave the keys to Dennis because he demanded them.  Gary returned to Michigan a few days later.

 

A female friend of the victim, who had accompanied Gifford to the lounge, testified at trial.  She testified that they went to the lounge for a New Year’s Eve celebration.  The friend became sick during the night, and Gifford, with the help of the Sochor brothers, assisted the friend to her car.  Gifford’s friend awoke the next morning, realized that Gifford was missing and called the police.  The police acquired a photo from the previous evening that showed Gifford with an unknown man.  The photo was displayed on television, and Dennis Sochor’s roommates testified that Sochor quickly left after seeing the photo of himself sitting near the victim at the bar on television.

 

When the police learned that Gary Sochor had recently returned to Michigan, they interviewed him.  Gary told the police that Dennis Sochor was responsible for Gifford’s disappearance.  He also agreed to return to Florida to help find Gifford’s body.  The police were never able to find Gifford’s body.

 

Dennis Sochor was arrested in Georgia on unrelated charges and extradited to Florida.  Three taped confessions made by Sochor while in police custody were played for the jury.  Sochor said that he had met Gifford at the lounge on New Year’s Eve, and they spent the evening talking.  In the parking lot, they kissed and Sochor wanted to have sex with Gifford.  She, however, refused, and they fought.  During the fight, Gifford hit him, and Sochor choked her.  Sochor claimed that he thought he killed Gifford and drove to a secluded area to get rid of the body.  Dennis said that Gary was not with him during this part of the evening.  Dennis Sochor said that he threw away pieces of a woman’s clothing that he found in his truck.  After seeing the photo of himself and the victim on television, he drove to Tampa in his employer’s truck and abandoned the truck there.  Sochor then went to New Orleans and on to Atlanta.  In 1986, Sochor was arrested in Georgia on unrelated criminal charges and then was extradited to Florida.

 

Additional Information:

 

 

Current Prison Sentence History:

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence

03/13/80

Sexual Battery by Threat

11/02/87

Broward

80-2497

Life

 

 

According to the victim, Sochor forced her out of a Fort Lauderdale cocktail lounge on 03/13/80.  He made her get into a vehicle and then drove to a remote area, forced her into a camper shell attached to the vehicle and sexually assaulted the victim.  The victim was able to escape and went back to the scene with an officer.  Sochor claimed that he did not force the victim to get into the vehicle and that he drove in the direction of his home.  He further claimed that they had sexual relations and then he passed out.  Sochor was sentenced on 09/30/80 to 1 year in jail and 5 years on probation.  Sochor was resentenced on 11/02/87 to Life on the same count.

 

 

Prior Prison Sentence History:

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence

01/06/81

Grand Theft Motor Vehicle

11/02/87

Broward

82-0198

5 Years


Trial Summary:

 

10/09/86          Sochor was indicted on the following:

                                    Count I:           First-Degree Murder

                                    Count II:         Kidnapping during the Commission of a Felony

10/20/87          The jury found Sochor guilty of each count of the indictment.

10/21/87          Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the death penalty.

11/02/87          Sochor was sentenced as follows:

                                    Count I:           First-Degree Murder – Death

Count II:         Kidnapping during the Commission of a Felony – 22 years

 

Appeals Summary:

 

Florida Supreme Court – Direct Appeal

FSC #71,407

580 So. 2d 595 (Fla. 1991)

 

11/03/87          Appeal filed

05/02/91          FSC affirmed the conviction and sentence

06/18/91          Rehearing denied

07/18/91          Mandate issued

 

United State Supreme Court – Petition for Writ of Certiorari

USSC #91-5843

502 U.S. 967 (U.S. 1991)

 

09/16/91          Petition filed

11/18/91          USSC granted the Petition, vacated the Direct Appeal

denial, and remanded the case to the FSC

 

Florida Supreme Court – On Remand from United States Supreme Court

FSC #71,407

619 So. 2d 285 (Fla. 1993)

 

05/06/93          FSC affirmed the conviction and sentence

06/14/93          Rehearing denied

07/14/93          Mandate issued


United State Supreme Court – Petition for Writ of Certiorari

USSC #93-5963

510 U.S. 1025 (U.S. 1994)

 

09/09/93          Petition filed

12/13/93          USSC denied the petition

02/22/94          Rehearing denied

 

Circuit Court – 3.850 Motion

CC #86-15270 CF10

 

07/25/95          Motion filed

03/28/01          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC #01-885

883 So.2d 766 (Fla. 2004)

 

04/26/01          Appeal filed

07/08/04          Affirmed the trial court’s 3.850 denial

09/21/04          Rehearing denied

10/21/04          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #02-1797

883 So.2d 766 (Fla. 2004)

 

08/13/02          Petition filed

07/08/04          Petition denied

09/21/04          Rehearing denied

10/21/04          Mandate issued

 

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

USDC # 05-CIV-61534

 

09/19/05         Petition filed

09/22/09         Petition denied

10/05/09         Motion to Alter Judgment filed

09/22/10          Motion denied

10/21/10          Certificate of Appealability filed

 

Circuit Court – 3.850 Motion

CC #86-15270 CF10

 

03/14/08          Motion filed

08/28/08          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 08-1841

22 So.3d 68

 

09/29/08          Notice of Appeal filed

10/30/09          FSC affirmed disposition of lower court

 

Circuit Court – 3.850 Motion

CC #86-15270 CF10

 

03/13/09          Motion filed

01/19/11          Motion denied

 

United States Court of Appeals, 11th Circuit – Habeas Appeal

USCA# 10-14944

(Pending)

 

10/21/10          Appeal filed 

 

Florida Supreme Court – 3.850 Appeal

FSC# 11-393

(Pending)

 

02/25/11          Appeal filed

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The Direct Appeal was pending for more than three years prior to being denied.  The case was remanded to the Florida Supreme Court from the United States Supreme Court when the United States Supreme Court granted the Petition for Writ of Certiorari.  The 3.850 Motion was pending for more than five years prior to being denied. The Petition for Writ of Habeas Corpus was pending for four years before it was denied.

 

Case Information:

 

Sochor filed his Direct Appeal in the Florida Supreme Court on 11/03/87.  The issues addressed included that there was insufficient evidence for a conviction of first-degree murder and that the trial court improperly admitted Sochor’s taped statements about the crimes because the victim’s body was never recovered.  Sochor further argued that the prosecution commented on facts not admitted as evidence, government witnesses were allowed to testify about Sochor’s character, and the state granted leniency to a fellow inmate for testifying against Sochor.  The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 05/02/91.  Rehearing was denied on 06/18/91.  A mandate was issued on 07/18/91.

 

On 09/16/91, Sochor filed a Petition for Writ of Certiorari in the United States Supreme Court.  The Petition was granted.  The Florida Supreme Court’s denial of Sochor’s Direct Appeal was vacated due to errors in the harmless error analysis, and the case was remanded to the Florida Supreme Court on 11/18/91.

 

On remand, the Florida Supreme Court affirmed the conviction and sentence on 05/06/93.  Rehearing was denied on 06/14/93.  The mandate was issued on 07/14/93.

 

On 07/25/95, Sochor filed a 3.850 Motion in the circuit court.  The motion was denied on 03/28/01.

 

Sochor filed a 3.850 Appeal in the Florida Supreme Court on 04/26/01.  In the appeal, Sochor raised several arguments.  His first argument was that error occurred in the lower court failing to grant a new penalty phase following the evidentiary hearing.  Sochor argued that error occurred in the lower court denying a new guilt phase following the evidentiary hearing based on the following points: witness testimony was coerced, counsel was ineffective, Ake v. Oklahoma, and he was incompetent during the capital trial.  Next, Sochor argued that error occurred in the lower court by its refusing to disqualify itself from the postconviction proceeding, denying several of his claims, and failing to object to unconstitutional jury instructions.  Sochor’s final arguments were that he was innocent of first-degree murder, the rule prohibiting his lawyers from interviewing jurors was unconstitutional, and the Florida death penalty unconstitutionally permits cruel and unusual punishment.  The FSC affirmed the denial of Sochor’s 3.850 Motion on 07/08/04.

 

Sochor filed a Petition for Writ of Habeas Corpus on 08/13/02.  Five claims were raised in the appeal.  First, Sochor claimed the appellate counsel failed to raise numerous meritorious issues.  Next, he claimed the FSC did not conduct a proper harmless error analysis on remand and that his Eighth and Fourteenth Amendment rights were violated by improper jury instruction.  Sochor also claimed that he did not receive a proper direct appeal and that Florida’s capital sentencing statute violated the Sixth and Fourteenth Amendments. The FSC found Sochor’s claims to be without merit and denied his petition on 7/08/04.

 

On 09/19/05, Sochor filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District.  The petition was denied on 09/22/09. A Motion to Alter Judgment was filed on 10/05/09. This motion was denied on 09/22/10. A Certificate for Appealability was filed on 10/21/10.

 

On 03/14/08, Sochor filed a 3.850 Motion in the Circuit Court.  This motion was denied on 08/28/08.

 

On 09/29/08, Sochor filed a Notice of Appeal in the Florida State Supreme Court.  The Florida Supreme Court affirmed the denial of the 3.850 motion on 10/30/09.

 

On 03/13/09, Sochor filed a 3.851 Motion in the Circuit Court.  This motion was denied on 01/19/11.

 

Sochor filed a Habeas Appeal in the United States Court of Appeals, 11th Circuit on 10/21/10. This case is currently pending.

 

Sochor filed a 3.850 Appeal in the Florida Supreme Court on 02/25/11. This case is currently pending.

 

 

Institutional Adjustment:

 

DATE

DAYS

VIOLATION

LOCATION

04/21/98

0

DISOBEYING ORDER

UNION C.I.

 

________________________________________________________________________

 

Report Date:   03/30/02          SQ

Approved:      02/28/03          WS

Updated:        04/13/11          EMJ