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.
PAGAN, Alex (W/M)
AKA: Alejandro Ramirez or “Lex”
DC# 668630
DOB: 03/25/69
Seventeenth Judicial Circuit, Broward County Case# 93-3648
Sentencing Judge, Trial: The Honorable Susan Lebow
Attorneys, Trial: Dennis Colleran & A. Randall Hass – Private
Attorney, Direct Appeal: Richard L. Rosenbaum – Private
Attorney, Collateral Appeals: David Gemmer– CCRC-M
Date of Offense: 02/23/93
Date of Sentence: 10/15/98
Circumstances of the Offense:
Alex Pagan was convicted for the murders of six-year-old Michael Lynn, his father, Freddy Jones, and the attempted murders of his mother, Latasha Jones, and his 18-month-old brother, Lafayette Jones.
Pagan and Willie Graham had previously broken into the victim’s house on 01/23/93 and took clothes, jewelry and cash, which were later found in Pagan’s possession. Pagan and Graham had learned of the possibility of obtaining an additional $12,000 to $13,000 in the same house, and they planned on returning to get the money. On 02/23/93, Pagan and Graham, both wearing ski masks, entered the victim’s master bedroom by breaking the sliding glass door in the room where Freddy and Latasha, and their baby (Lafayette) were sleeping. Pagan and Graham demanded that they give them the money. When Freddy denied having any money, one of the intruders began searching the house. He found Michael Lynn in another room and took him to the master bedroom. He then took Latasha at gun point and searched the rest of the house. When he couldn’t find the money, he took Latasha back into the bedroom and hit her with the gun.
One of the intruders then began looking in a closet when the door light turned on. He closed the door immediately fearing that the family had seen his face. Latasha testified that one of the gunmen’s masks was partially off, and she could tell he had white skin. One of them then took the keys to the victim’s car and told the other to go start the car. The gunman, Pagan, then tied everybody up. He shot Freddy once and then said to Michael Lynn, “Shorty, if you live through this, don’t grow up to be like me.” He then fired several more shots. Latasha was shot but did not die. She testified to having heard seven or eight shots. After Pagan and Graham left, Latasha kicked out of her restraints and called out to Freddy and Michael. When she did not receive a response out of either of them, she grabbed her baby and ran out of the house to find help. Freddy died from a gunshot wound to the head, and Michael Lynn died from multiple gunshot wounds to the head with one in the buttocks.
On 02/27/93, Pagan was arrested when search and arrest warrants were issued by the Circuit Court Judge, Honorable Sheldon M. Shapiro, for the murders of Freddy and Michael Lynn Jones and the attempted murder of Latasha and Lafayette Jones. Another Circuit Court Judge, Honorable Lawrence Korda, found that probable cause existed and that Pagan should be held to answer to charges surrounding the murders and attempted murders.
Latasha Jones testified that their house had been burglarized on 01/23/93. She said that about $26,000 worth of clothes, jewelry and cash had been taken. Some of these items were later found in Pagan’s residence. Other items were found to have been taken by Graham to be pawned at two pawn shops. Antonio Quezada and Keith Jackson, friends of the defendants, testified that they saw both Pagan and Graham wearing jewelry that Latasha identified as being taken from her house on 01/23/93. Quezada also testified that he dropped Pagan and Graham off at the Jones’ house the night of the murders, and Pagan told him that he was going to kill everyone inside. He also said that, after the murders Pagan came to his house and told him they had killed everyone. Jackson testified that Pagan also admitted to killing everyone, dismantling the gun and scattering the pieces all over Miami.
Codefendant Information:
Willie Graham (AKA: Shaikwam)
DC# 194678
Graham was charged and found guilty of the same 6 counts as Pagan (CC# 93-3648). Graham received two life sentences for counts I and II and was sentenced to 30 years for counts III, IV, V and VI. All sentences are to be served concurrently. He is currently incarcerated at Hardee Correctional Institution.
Prior Incarceration History in the State of Florida:
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Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983) |
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Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
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03/13/1988 |
LEWD,LASCIVIOUS CHILD U/16 |
09/26/1988 |
BROWARD |
8840971 |
7Y 6M 0D |
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09/13/1987 |
AGG BATTERY/W/DEADLY WEAPON |
09/26/1988 |
BROWARD |
8716085 |
2Y 0M 0D |
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Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983) |
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Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
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09/13/1987 |
AGG BATTERY INTENDED HARM |
10/30/1987 |
BROWARD |
8716085 |
2Y 0M 0D |
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09/13/1987 |
AGG BATTERY INTENDED HARM |
10/30/1987 |
BROWARD |
8716085 |
2Y 0M 0D |
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|
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09/13/1987 |
CRIMINAL MISCHIEF/PROP.DAMAGE |
10/30/1987 |
BROWARD |
8716085 |
2Y 0M 0D |
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Trial Summary:
03/25/93 Indicted as follows:
Count I: Premeditated First-Degree Murder (Michael Lynn)
Count II: Premeditated First-Degree Murder (Freddy)
Count III: First-Degree Attempted Murder (Latasha)
Count IV: First-Degree Attempted Murder (Lafayette)
Count V: Burglary with a Firearm
Count VI: Robbery with a Firearm
12/20/96 Jury returned guilty verdicts on all counts of the indictment
03/05/97 Jury recommended death by a vote of 7-5
10/15/98 Sentenced as follows:
Count I: Premeditated First-Degree Murder (Michael Lynn) – Death
Count II: Premeditated First-Degree Murder (Freddy) – Death
Count III: First-Degree Attempted Murder (Latasha) – Life
Count IV: First-Degree Attempted Murder (Lafayette) – Life
Count V: Burglary with a Firearm – Life
Count VI: Robbery with a Firearm – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 94,365
830 So. 2d 792
11/18/98 Appeal filed
04/04/02 Convictions and sentences affirmed
04/19/02 Motion for rehearing filed
11/07/02 Rehearing denied and mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 02-10048
123 S. Ct. 2278; 156 L. Ed. 2d 137; 2003
03/10/03 Petition filed
06/09/03 Petition denied
State Circuit Court – 3.850 Motion
CC# 93-3648
05/07/04 Motion filed
02/07/05 Evidentiary hearing
02/07/06 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 06-378
--- So.3d ----, 2009 WL 3126337
02/27/06 Appeal filed
11/03/08 Oral Arguments held
10/01/09 Petition Denied
10/15/09 Motion for rehearing filed
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 07-1327
--- So.3d ----, 2009 WL 3126337
07/18/07 Petition filed
11/03/08 Oral Arguments held
10/01/09 Petition denied.
10/15/09 Motion for rehearing filed
United States District Court (South) – Petition for Writ of Habeas Corpus
USDC-S# 0:10-cv-60316-CMA
03/03/10 Petition filed
12/20/10 Dismissed with Prejudice
Factors Contributing to the Delay in the Imposition of the Sentence:
The Florida Supreme Court took over three years to decide Pagan’s Direct Appeal.
Case Information:
On 11/08/98, Pagan filed his Direct Appeal to the Florida Supreme Court. Pagan claimed that the trial court erred in allowing certain evidence to be entered, including pictures of the victims and expert testimony. Pagan argued that the Williams Rule of Evidence, which says evidence admitted to trial must be similar and relevant to the crimes being tried, was violated. The State introduced information about the previous burglary as an explanation and motive for the second break-in and subsequent murders. The Court found that the evidence was relevant to the murder trials. Pagan also contended that the trial court should have granted his Motion to Suppress Evidence that was recovered during an illegal search of his residence. He claimed that the search warrant was issued on false information and that the police surpassed the scope of the warrant. Among the other claims, Pagan contended that the trial court erred in not considering or granting various motions, which were based on numerous violations, for a new trial. The Court found no merit to any of his claims and affirmed his convictions and sentences on 04/04/02. Subsequently, his rehearing was denied in light of revised opinion and the mandate was issued on 11/07/02.
On 03/10/03, Pagan filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 06/09/03.
On 05/07/04, Pagan filed a 3.850 Motion to the Circuit Court, which was denied on 02/07/06.
On 02/27/06, Pagan filed a 3.850 Appeal to the Florida Supreme Court. On 11/03/08, Oral Arguments were held. The petition was denied on 10/01/09. A motion for a rehearing was filed on 10/15/09. This motion is pending.
On 07/18/07, Pagan filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court. On 11/03/08, Oral Arguments were held. This petition was denied on 10/01/09. A motion for rehearing was filed on 10/15/09. This motion is pending.
On 03/03/10, Pagan filed a Petition for Writ of Habeas Corpus to the United States District Court (South). This petition was dismissed with prejudice on 12/20/10.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
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08/16/99 0 DEST. OF ST. PROP. FLORIDA STATE PRISON
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Report Date: 03/28/03 EMC
Approved: 04/01/03 WS
Updated: 01/05/11 CAR