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 on for statistical or legal purposes.
ARMSTRONG, Lancelot (B/M)
DC # 693504
DOB: 07/29/63
Seventeenth Judicial Circuit, Broward County, Case #90-5417-CF
Sentencing Judge: The Honorable Thomas M. Coker
Resentencing Judge: The Honorable Michael Gates
Trial Attorney: Edward Malavenda, Esq. – Private
Attorneys, Resentencing: Hilliard Moldof & Edward Malavenda, Esq. – Private
Attorney, Direct Appeal: Jeffery Anderson – Assistant Public Defender
Attorney, Collateral Appeals: Pro Se
Date of Offense: 02/17/90
Date of Sentence: 06/20/91
Circumstances of Offense:
In the early morning hours of 02/17/90, Lancelot Armstrong, the defendant, and Michael Coleman entered Church’s Fried Chicken restaurant under the pretense of visiting Kay Allen. Allen was the assistant manager of Church’s and the former girlfriend of the defendant. Initially, Allen refused to meet with Armstrong, but eventually accompanied him to his car outside, while Coleman stayed in the restaurant.
According to testimony, the defendant told Allen he was going to rob the restaurant and that, if she did not cooperate, he might have to kill her. All the other employees had gone home, so Armstrong, Allen and Coleman were alone. When getting the money out of the safe, Allen managed to pull the silent alarm.
Deputy Sheriffs Robert Sallustio and John Greeney arrived at the scene to find Armstrong in the car and Coleman still in the restaurant. Shots fired from inside the restaurant distracted the officers, enabling Armstrong to reach for his gun and to open fire on the officers as well. Sallustio was struck three times and Greeney was killed instantly. Armstrong and Coleman fled the state and were apprehended in Maryland. Investigators determined that bullets from Armstrong’s gun killed Greeney because he suffered from shots fired at close-range.
Codefendant Information:
Michael Coleman, the codefendant, received life in prison for his role in the robbery and shooting.
Trial Summary:
02/27/90 The Defendant was arrested.
03/07/90 The Defendant was indicted on the following counts:
Count I: Murder in the First-Degree
Count II: Attempted Murder of a Law Enforcement Officer
Count III: Robbery with a Firearm
04/17/91 The jury returned a verdict of guilty on all counts.
05/09/91 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.
06/20/91 The Defendant was sentenced as followed:
Count I: First-Degree Murder – Death
Count II: Attempted Murder – Life
Count III: Robbery with a Firearm – Life
10/30/03 The Florida Supreme Court vacated the defendant’s death sentence and remanded the case for
resentencing.
04/25/07 The jury recommended the imposition of the death penalty by a vote of 9-3.
06/15/07 The defendant was resentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #78,180
642 So. 2d 730
06/26/91 Appeal filed.
08/11/94 FSC affirmed the convictions and sentence of death.
09/29/94 Rehearing denied.
10/31/94 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #94-8198
514 U.S. 1085
02/24/95 Petition filed.
04/24/95 Petition denied.
State Circuit Court – 3.850 Motion
CC #90-5417
03/18/97 Motion filed.
05/25/01 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC01-1874
862 So.2d 705
08/27/01 Appeal filed.
10/30/03 FSC affirmed the denial of Armstrong’s 3.850 Motion in part, vacated Armstrong’s death sentence
and remanded for a new penalty phase.
12/19/03 Armstrong’s Motion for Rehearing denied.
12/19/03 Motion for Rehearing filed by the State denied.
02/20/04 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #SC02-1122
862 So.2d 705
05/15/02 Petition filed.
10/30/03 Petition denied.
12/19/03 Rehearing denied.
02/20/04 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 03-1198
541 U.S. 1056
02/18/04 Petition filed.
05/17/04 Petition denied.
State Circuit Court – Resentencing
CC #90-5417
06/15/07 Defendant resentenced to death.
Florida Supreme Court – Direct appeal, Resentencing
FSC# 09-1659
(Pending)
09/09/09 Appeal filed.
Factors Contributing to the Delay in the Imposition of the Sentence:
Armstrong’s Direct Appeal took over three years to complete. Also, in consideration of the financial state of the CCR, a motion to toll time was granted regarding the filing of a 3.850 Motion until 09/01/97. His 3.850 Motion took over fours years in the State Circuit Court.
Case Information:
On 06/26/91, Armstrong filed a Direct Appeal in the Florida Supreme Court. Among the 24 issues raised in that appeal, four points were particularly noteworthy. First, Armstrong believed a new trial was needed because Allen lied about material facts at trial. Secondly, Armstrong contends that the State submitted inadmissible evidence in order to refresh the memory of a witness. In the penalty phase, the defendant claimed that the judge arrived at a sentencing decision prior to Armstrong being given the opportunity to speak on his behalf. Lastly, Armstrong believes that some of the aggravating factors applied to his case were duplicative. The Supreme Court affirmed the conviction and sentence of death on 08/11/94.
On 02/24/95, Armstrong filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 04/24/95.
On 03/18/97, Armstrong filed a 3.850 Motion in the Circuit Court, which was denied on 05/25/01. On 08/27/01, Armstrong filed an appeal of his 3.850 Motion in the Florida Supreme Court. On 10/30/03, the Florida Supreme Court affirmed the denial of Armstrong’s 3.850 Motion in part, vacated his death sentence and remanded for a new penalty phase. In lieu of one of Armstrong’s prior felony convictions being vacated, which was used as an aggravating circumstance during his original penalty phase, the Florida Supreme Court remanded the case for resentencing.
On 08/27/01, Armstrong filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was denied on 10/30/03.
On 02/18/04, Armstrong filed a Petition for Writ of Certiorari with the United States Supreme Court, which was denied on 05/17/04.
On 06/15/07, Armstrong was again sentenced to death.
On 09/09/09, Armstrong filed his second Direct Appeal in the Florida Supreme Court, which is pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
02/22/00 0 POSS OF CONTRABAND UNION C. I.
________________________________________________________________________
10/30/01 – ew
10/30/01 – approved – ws
08/25/10 – updated – kkr