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. 

 

DELGADO, Jesus (H/M)

DC#    658187

DOB:   04/15/65

 

Eleventh Judicial Circuit, Dade County Case # 90-36048

Sentencing Judge: The Honorable Norman S. Gerstein

Attorney, Trial: Howard Sohn, Esq. & David Peckins – Assistant Public Defender

Attorney, Retrial: Edward Koch & Alan Greenstein – Assistant Public Defenders

Attorney, Direct Appeal: Roy D. Wasson – Private

Attorney, Collateral Appeals: Charles White – Registry

 

Date of Offense:           08/29/90

Date of Sentence:         06/19/96

Date of Sentence:         10/18/04

 

Circumstances of Offense:

 

On the evening of 08/30/90, Marlene McField, a neighbor of Tomas and Violetta Rodriguez, witnessed the Rodriguez’s arrive home, and later in the evening, she heard the Rodriguez’s dogs wailing. 

 

The following morning, McField went to the Rodriguez’s and noticed that the gate leading to the front porch was ajar and the key was still in the lock on the inside of the gate.  McField rang the doorbell, and when no one responded, she called the police. 

 

The police found the front door unlocked, with no sign of forced entry.  When the police entered the kitchen, they found a bloodstained knife and a pistol on the floor.  A wooden door leading to the garage was cracked in the center and the hinges were broken.  The body of Tomas Rodriguez was found inside the garage, with bullet and stab wounds.  Violetta Rodriguez’s body was found against the garage wall and had blunt force and stab wounds. A single set of bloody footprints that did not match either Mr. or Mrs. Rodriguez led from the garage to the kitchen and a single drop of Jesus Delgado’s blood was found in the garage.  A mixture of Delgado’s and the Rodriguez’s blood was found in the garage, on the pistol, and on the kitchen phone.  Delgado’s palm print was found on the phone and the last number dialed from the phone was the residence where Delgado lived at the time.

 

In June of 1990, the Rodriguez’s sold their dry-cleaning business to Horatio Lamellas, whose daughter, Barbara Lamellas, and her boyfriend, Delgado, ran the business.  After the sale, Delgado complained to the Rodriguez’s that the machines were not working properly and customers were not satisfied.  Delgado became a suspect due to the evidence found at the crime scene and the complaints about the dry-cleaning business.  Delgado was not located and arrested until 12/23/92, more than two years after the murders. 

 

Prior Incarceration History in the State of Florida:

 

Prior to the crime, Delgado had a significant criminal record.  The following is a list of Delgado’s prior prison and community supervision history with the Florida Department of Corrections:

 

Prior Prison History:

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

 

 

07/24/1985

AGG ASSLT-W/WPN NO INTENT TO K

04/20/1987

BROWARD

8511181

1Y 6M 0D

 

 

 

Prior Community Supervision History:

Offense Date

Offense

Sentence Date

County

Case No.

Community Supervision Length

 

 

10/01/1985

AGGRAVATED BATTERY

01/22/1986

BROWARD

8511181

1Y 6M 0D

 

 

04/25/1986

BURG/DWELL/OCCUP.CONVEY

09/15/1986

MIAMI-DADE

8611601

2Y 0M 0D

 

 

04/25/1986

GRAND THEFT,$300 LESS &20,000

09/15/1986

MIAMI-DADE

8611601

2Y 0M 0D

 

 

04/25/1986

FORGERY/UTTERING

09/15/1986

MIAMI-DADE

8611602

2Y 0M 0D

 

 

04/25/1986

GRAND THEFT,$300 LESS &20,000

09/15/1986

MIAMI-DADE

8611602

2Y 0M 0D

 

 

04/30/1990

GRAND THEFT,$300 LESS &20,000

05/21/1990

MIAMI-DADE

8903500

1Y 0M 0D

 

 

04/30/1990

FRAUD-HOSP EMP CONSPIRES

05/21/1990

MIAMI-DADE

8941566

1Y 0M 0D

 

 

 

Trial Summary:

 

07/27/93          Indicted as follows:

Count I            First-Degree Murder

Count II          First-Degree Murder

Count III         Armed Burglary

Count IV         Use of a Firearm During a Felony

10/27/95          Jury returned guilty verdicts on all counts of the indictment. The State did not prosecute Count IV of the indictment.

11/21/95          Jury recommended a death sentence for Count I by a vote of 7-5, and a death sentence for Count II by a vote of 12-0.

06/19/95          Sentenced as follows:

Count I            First-Degree Murder – Death

Count II          First-Degree Murder – Death

Count III         Armed Burglary – Life imprisonment

 

08/24/00          FSC remanded for retrial

 

05/26/04          Jury returned guilty verdicts on the First-Degree Murder counts. The State did not prosecute Count III of the indictment.

07/08/04          Jury recommended death sentences by votes of 9-3.

10/18/04          Sentenced to death

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 88,638

776 So. 2d 233

 

07/31/96          Appeal filed

02/03/00          FSC ordered one sentence reduced to life and affirmed one sentence

08/24/00          Rehearing motion granted 

Opinion of 02/03/00 withdrawn and new opinion substituted

FSC remanded for a new trial

01/15/01          Mandate issued

 

Florida Supreme Court – Direct Appeal (after retrial)

FSC# 04-2274

948 So. 2d 681

 

11/29/04          Appeal filed

11/16/06          FSC affirmed convictions and sentences

01/24/07          Rehearing denied

02/09/07          Mandate issued

 

United States Supreme Court-  Petition for Writ of Certiorari

USSC# 06-10963

948 So.2d 681

 

04/24/07          Petition filed

06/25/07          Petition denied

 

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

USDC# 08-21804

 

06/24/08          Petition filed

06/25/10          Petition denied 

09/06/10          Motion for Certificate of Appealability(COA)

09/13/10          Certificate of Appealability(COA) granted

 

United States Court of Appeals, Eleventh Circuit – Habeas Appeal

USCA# 10-13490

(Pending)

 

07/24/10          Appeal filed

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The Direct Appeal was pending from 07/31/96 – 01/15/01 and the vacating of the convictions and sentences by the Florida Supreme Court.   

 

Case Information:

 

On 07/31/96, Delgado filed a Direct Appeal with the Florida Supreme Court, citing fourteen trial court errors.  On 02/03/00, the FSC ordered one of the death sentences reduced to life imprisonment and affirmed the other death sentence.  On 08/24/00, the FSC granted a rehearing motion and substituted a new opinion for the original opinion of 02/03/00.  In this opinion, the FSC remanded the case for a new trial.  The FSC concentrated on one issue, which led to the order for a new trial:  the trial court should have granted a defense motion for judgment of acquittal on the charges of First Degree Murder, due to the fact that the State failed to prove the necessity of the felony murder charge and failed to prove premeditation.

 

On 10/18/04, Delgado was again sentenced to death.      

 

On 11/29/07, Delgado filed a Direct Appeal with the Florida Supreme Court, citing the following errors: violating his double jeopardy protections, denying a mistrial for improper state closing arguments and comments, allowing pen register evidence to be admitted, repeating jury instructions concerning the definition and elements of first-degree murder, failing to properly instruct the jury panels regarding mitigation evidence, violating the 6th Amendment via the Ring decision, sustaining an objection regarding DNA evidence, and allowing cumulative errors.  On 11/16/06, the FSC affirmed the convictions and sentences. 

 

On 04/24/07, Delgado filed a Petition for Writ of Certiorari with the United States Supreme Court, which was denied on 06/25/07.

 

On 06/24/08, Delgado filed a Petition for Writ of Habeas Corpus with the United States District Court, Southern District, which was denied on 06/25/10. On 09/06/10, Delgado filed a Motion for COA, which was granted on 09/13/10.

 

On 07/24/10, Delgado filed a Habeas Appeal with the United States Court of Appeals, Eleventh Circuit, which is pending.

 

Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

 

                                                                    

DATE     DAYS                    VIOLATION                                         LOCATION      

 

07/01/97     48                        DEST. OF STATE PROP.                    FLORIDA STATE PRISON

11/04/98    124                       POSS OF NARCOTICS                       UNION C. I.        

10/20/99      0                         UNARMED ASSAULT                      UNION C. I.        

09/24/00      0                         DEFACING STATE PROP.                 UNION C. I.        

 _______________________________________________________________________

 

Report Date:   11/01/01          JFL

Approved:       12/03/01          WS

Updated:         11/10/10          JJK