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:
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Prior Prison History: |
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|
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: |
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|
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