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.
RIVERA, Michael (W/M)
DC #640779
DOB: 06/25/62
Seventeenth Judicial Circuit, Broward County, Case #86-11716
Sentencing Judge: The Honorable John. G. Ferris
Attorney, Trial: Edward W. Malavanda – Special Assistant Public Defender
Attorney, Direct Appeal: H. Dohn Williams – Special Public Defender
Attorney, Collateral Appeals: Martin J. McClain and Tiffany Murphy – CCRC-S
Date of Offense: 01/30/86
Date of Sentence: 05/01/87
Circumstances of Offense:
Michael Rivera was convicted and sentenced to death for the murder of 11-year-old Staci Lynn Jazvac.
On 01/30/86, Staci Lynn Jazvac rode her bike to the store to buy school supplies. When she did not return home, her mother began to search for her daughter. Jazvac’s mother came upon a Broward County deputy sheriff, who had found Jazvac’s bicycle. At this point, a police investigation began.
The police received a complaint from a woman named Starr Peck because a man called her claiming responsibility for the murder of Staci Lynn Jazvac. Peck claimed that a man calling himself “Tony” called and told her about his sexual fantasies and that he was wearing women’s clothing. Peck received more than 30 of these calls from “Tony.” The last call Peck received was shortly after the murder of Jazvac. “Tony” told Peck that he had killed Staci Lynn Jazvac. He explained to Peck that he had seen Jazvac getting off a bike and wanted to expose himself to her. “Tony” told her that he had put ether over Staci’s mouth and dragged her into the van where he sexually assaulted her. According to “Tony,” he had not intended to kill the eleven-year-old girl. Other women in the area reported receiving similar calls from “Tony.”
The police determined that “Tony” was Michael Rivera, an employee of Peck. On 02/13/86, they arrested Rivera on outstanding warrants and questioned him at police headquarters. Rivera admitted to making the obscene phone calls to Peck, but he denied involvement in the disappearance of Staci Lynn Jazvac. During questioning, Rivera admitted that he liked to expose himself to young girls. Rivera also confessed that he had exposed himself to a girl pushing a bike but would not say what he did to her because “I don’t want to go to jail. They’ll kill me for what I’ve done.” He also admitted to an attack against Jennifer Goetz, an 11-year-old girl living in Coral Springs.
On 02/14/86, police found the body of Staci Lynn Jazvac in a field located in Coral Springs. The medical examiner determined that she had died as a result of asphyxiation.
Additional Information:
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Current Prison Sentence History: |
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|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Sentence Length |
|
07/10/85 |
Kidnap during Felony |
11/20/86 |
Broward |
8602598 |
Life |
|
07/10/85 |
1st Degree Murder (Attempted) |
11/20/86 |
Broward |
8602598 |
25 Years |
Broward County Case #86-2598
On 07/10/85, Michael Rivera kidnapped 11-year-old Jennifer Goetz. Goetz was on her way to the day camp bus stop when Rivera grabbed her. According to Goetz’s testimony, he picked her up from behind, strangling her, and carried Goetz behind a nearby gazebo laying her on her stomach. Rivera threatened to kill her when she started fighting against him. Goetz testified that as she began falling unconscious Rivera rolled her onto her back and placed a beach bag over her face. Goetz was discovered by a witness, Tony Leonardo, who had seen Rivera running away and went to investigate. Leonardo said that he removed the beach bag from Goetz’s face and had to shake her to receive a response. A doctor determined that if she had been strangled any longer, then Goetz would have died. Several people in the area reported receiving phone calls from “Tony” who stated that he had molested a little girl and asked them to call an ambulance.
The police questioned Rivera in a later incident, which
occurred on 11/04/85, and involved Rivera exposing himself to children and then
chasing them. During police questioning, Rivera denied committing the
attack against Jennifer Goetz. However, during a later interview about
the case of Staci Lynn Jazvac, Rivera admitted to the attack against
Goetz. Rivera stated that he had seen Goetz and decided to expose himself
to her, but instead he grabbed the girl and began to strangle her. Rivera
admitted to putting the girl in the bushes and to covering her face with a bag,
but he was not sure what he was going to do next and was scared away by a man
walking nearby. Michael Rivera was charged with Kidnapping, Attempted First-Degree
Murder, Aggravated Child Abuse, and Aggravated Battery. Rivera was
convicted of Kidnapping and Attempted First-Degree Murder for which he was
sentenced to a Life sentence and a 25-year sentence, respectively.
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Prior Florida Arrest History |
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|
Offense Date |
Offense |
Sentence Date |
County |
Sentence |
|
09/20/80 |
Resisting Officer |
02/17/87 |
Broward |
Fine |
|
09/20/80 |
Driving on Suspended License |
02/27/81 |
Broward |
Fine |
|
10/10/80 |
Attempted Burglary |
Broward |
5 Years Prob. |
|
|
10/10/80 |
Lewd/Lascivious Behavior |
10/10/80 |
Broward |
Dismissed |
|
10/10/80 |
Indecent Exposure |
10/10/80 |
Broward |
Dismissed |
|
10/10/80 |
Sexual Offense Against a Child |
09/02/81 |
Broward |
5 Years Prob. Adj. withheld |
|
12/13/80 |
Loitering and Prowling |
12/13/80 |
Broward |
Dismissed |
|
09/04/81 |
Possession of Controlled Substance |
09/16/81 |
Broward |
Dismissed |
|
11/11/81 |
Indecent Exposure |
11/11/81 |
Broward |
Dismissed |
|
11/16/81 |
Probation Violation (2 counts) |
|
|
|
|
|
Burglary |
01/18/82 |
Broward |
5 Years |
|
|
Lewd/Lascivious Act w/ child under 16 |
01/18/82 |
Broward |
5 Years |
|
11/16/81 |
Resisting Officer w/o Violence |
11/16/81 |
Broward |
Dismissed |
|
12/20/84 |
Disorderly Conduct-Prowling |
01/14/85 |
Broward |
6 Months Prob./Fine |
|
11/04/85 |
Lewd and Lascivious |
05/28/86 |
Broward |
365 Days |
|
11/04/85 |
Loitering and Prowling |
05/29/86 |
Broward |
60 Days |
|
11/04/85 |
Resisting Officer w/o Violence |
05/28/86 |
Broward |
Nolle Pross |
|
02/15/86 |
Grand Theft |
12/15/86 |
Broward |
Nolle Pross |
|
02/15/86 |
Dealing in Stolen Property |
12/15/86 |
Broward |
Nolle Pross |
|
02/15/86 |
Burglary (Residence) |
12/15/86 |
Broward |
Nolle Pross |
Trial Summary:
08/06/86 Rivera was indicted on the following counts:
Count I: First-Degree Murder (Staci Lynn Jazvac)
04/16/87 The jury found Rivera guilty of First-Degree Murder.
04/17/97 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.
05/01/87 Rivera was sentenced as follows:
Count I: First-Degree Murder (Staci Lynn Jazvac) – Death
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #70,563
561 So. 2d 536 (Fla. 1990)
05/20/87 Appeal filed
04/19/90 FSC affirmed the conviction and sentence
06/22/90 Rehearing denied
07/26/90 Mandate issued
Circuit Court – 3.850 Motion
CC #86-11716-CF-10
10/31/91 Motion filed
06/22/95 Motion denied
United State Supreme Court – Petition for Writ of Certiorari
USSC #93-9561
513 U.S. 853 (U.S. 1994)
06/10/94 Petition filed
10/03/94 USSC denied the petition
Florida Supreme Court – 3.850 Appeal
FSC #86,528
717 So. 2d 477 (Fla. 1998)
09/29/95 Appeal filed
06/11/98 FSC affirmed the appeal in part and reversed in part for an evidentiary hearing
09/09/98 Rehearing denied
10/13/98 Mandate issued
Circuit Court – 3.850 Motion on Remand from FSC
CC# 86-11716-CF-10
04/26/99 Evidentiary hearing held
04/27/99 Evidentiary hearing held
07/26/01 Motion denied
Circuit Court – 3.850 Motion
CC# 86-11716-CF-10
09/29/99 Motion filed
05/10/05 Motion denied
05/25/05 Motion for Rehearing filed
08/30/05 Rehearing denied
Florida Supreme Court – 3.850 Appeal
FSC #01-2523
28 Fla. L. Weekly S 704 (Fla. 2003)
11/15/01 Appeal filed
09/11/03 FSC affirmed Circuit Court’s disposition
10/31/03 Rehearing denied
12/01/03 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #02-1788
28 Fla. L. Weekly S 704 (Fla. 2003)
08/12/02 Petition filed
09/11/03 FSC denied the petition
10/31/03 Rehearing denied
12/01/03 Mandate issued
Florida Supreme Court – 3.850 Appeal
FSC# 05-1873
995 So.2d 191
09/30/05 Appeal filed
06/12/08 Disposition affirmed in part and denied in part; Case remanded to the Circuit Court for an evidentiary hearing
06/27/08 Motion for Rehearing filed
11/17/08 Rehearing denied
12/03/08 Mandate entered
Factors Contributing to the Delay in Execution of Sentence:
The Direct Appeal was pending for nearly three years prior to being denied. The denial of the first 3.850 Motion was delayed due to Rivera filing an Interlocutory 3.850 Appeal. The first 3.850 Appeal was pending for more than two years prior to a decision being rendered and was remanded to the trial court for an evidentiary hearing. This procedure was delayed due to Rivera filing of an Interlocutory 3.850 Appeal.
Case Information:
Rivera filed his Direct Appeal in the Florida Supreme Court on 05/20/87. The issues addressed included that the trial court erred in admitting evidence about Rivera’s previous assault on Goetz, an 11-year-old girl, and that the death penalty was not proportionate with the crimes that he committed. The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 04/19/90. Rehearing was denied on 06/22/90. A mandate was issued on 07/26/90.
On 10/31/91, Rivera filed a 3.850 Motion in the circuit court. The motion was denied on 06/22/95.
Rivera filed a Petition for Writ of Certiorari in the United States Supreme Court on 06/10/94. The petition was denied on 10/03/94.
On 09/29/95, Rivera filed a 3.850 Appeal in the Florida Supreme Court. The issues addressed included that Rivera was denied due process, Rivera’s counsel was ineffective, and that the death penalty violated the Eight Amendment. The appeal was affirmed in part and denied in part due to questions of ineffective assistance of counsel and remanded to the circuit court for an evidentiary hearing on 06/11/98. Rehearing was denied on 09/09/98. A mandate was issued on 10/13/98.
An evidentiary hearing was held on 04/26/99 and 04/27/99 in the circuit court. The motion was denied on 07/26/01.
On 09/29/99, Rivera filed a 3.850 Motion in the circuit court. An amended motion was filed on 01/20/04. On 05/10/05, the motion was denied. On 05/25/08, Rivera filed a Motion for Rehearing. The Rehearing was denied on 08/30/05.
On 11/15/01, Rivera filed a 3.850 Appeal in the Florida Supreme Court. Rivera argued that he received ineffective assistance of counsel. The Florida Supreme Court affirmed the appeal on 09/11/03. Rehearing was denied on 10/31/03. A mandate was issued on 12/01/03.
Rivera filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 08/12/02. The issues addressed included that the death penalty is a violation of the sixth and fourteenth amendments and in violation of the decision from Ring v. Arizona, and received ineffective assistance of counsel. The Florida Supreme Court denied the petition pm 09/11/03. Rehearing was denied on 10/31/03. A mandate was issued on 12/01/03.
Rivera filed a 3.850 Appeal in the Florida Supreme Court on 09/30/05. On 06/12/08, the Florida Supreme Court affirmed the disposition in part and remanded for an evidentiary hearing in the Circuit Court. On 06/27/08, Rivera filed a Motion for Rehearing. This motion was denied on 11/17/08. On 12/03/08, the Florida Supreme Court entered a mandate in this case.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
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03/10/89 0 POSS OF CONTRABAND FSP
04/21/91 0 POSS OF CONTRABAND FSP
02/10/94 0 FIGHTING UNION C. I.
02/22/94 0 DISOBEYING ORDER UNION C. I.
07/30/96 0 DEFACING STATE PROP UNION C.I.-MED.
07/26/99 0 INTRO. CONTRABAND UNION C. I.
08/03/99 60 INTRO. CONTRABAND UNION C. I.
08/10/99 0 MAIL VIOLATIONS UNION C. I.
09/14/01 30 POSS OF CONTRABAND UNION C. I.
________________________________________________________________________
Report Date: 06/17/02 S.Q.
Approved: 07/24/02 W.S.
Updated: 03/10/09 AEH