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:

 

Current Prison Sentence History:

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.
 

Prior Florida Arrest History

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      

--------            ----                  ----------------------------                -------------------

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