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.

 

PUIATTI, Carl (W/M)

DC#    716927

DOB:  10/03/62

 

Sixth Judicial Circuit, Pasco County, Case# 83-1383CFBES

Sentencing Judge:  The Honorable Wayne L. Cobb

Judge, Collateral Appeal: The Honorable Maynard F. Swanson, Jr.

Attorneys, Trial:  Howardene Garrett & William K. Eble – Assistant Public Defenders

Attorney, Direct Appeal:  Robert F. Moeller – Assistant Public Defender

Attorney, Collateral Appeals:  Steven A. Reiss, Miranda Schiller, Erin J. Law & Joanna R. Varon – Counsel Pro Hac Vice

 

Date of Offense:  08/16/83

Date of Sentence:  05/04/84

 

Circumstance of Offense:

 

Carl Puiatti and Robert Dewey Glock abducted the victim, Sharilyn Ritchie, then robbed and shot her to death.

 

On 08/16/83, Ritchie was confronted by Puiatti and Glock as she exited her car in the parking lot of a Bradenton shopping mall.  The pair forced Ritchie back into her car, then drove away with her.  They took $50 from her purse and coerced her into cashing a $100 check at her bank.  They then took Ritchie to an orange grove outside Dade City where they took the victim’s wedding ring and abandoned her at the roadside.  After traveling a short distance, the pair decided to kill the woman and they returned in the car to her.  Puiatti shot her twice.  They then drove away, but when they saw she was still standing, they drove back and Glock shot her.  When the woman did not fall, the pair made a third pass with the car and Glock shot her again.

 

Four days later, a New Jersey state trooper stopped the victim’s vehicle and found two handguns inside.  He arrested Puiatti and Glock on a weapons violation.  Police later identified the handgun inside the car’s glovebox as the murder weapon.

 

The next day, Puiatti and Glock individually confessed to kidnapping, robbery and killing the victim.  The initial confessions varied, but on 08/24/83, both men gave a joint statement in which they agreed that Glock initially suggested shooting the victim and that Puiatti fired the first shots and Glock fired the final shots.

 

Codefendant Information:

 

Robert Dewey Glock, II (DC# 093836)

 

For his role in the murder, Glock was jointly tried with Puiatti.  He was represented by private counsel, Robert J. Trogolo.  On 05/04/84, Glock received the death sentence for the murder and two life sentences for the armed robbery and kidnapping convictions (CC# 83-1383).  Glock was executed on January 2001.

 

Additional information:

 

At the time of the murder, Puiatti was on probation after being convicted of burglary and introducing contraband to a county facility.

 

Trial Summary:

 

10/13/83          Indicted as follows:

Count I:           First-degree murder

Count II:         Kidnapping

Count III:        Armed robbery

03/23/84          Jury returned guilty verdicts on all counts of the indictment

03/25/84          Jury recommended death by a vote of 11-1

05/04/84          Sentenced as follows:

Count I:           First-degree murder – Death

Count II:         Kidnapping – Life

Count III:        Armed robbery – Life

 

Appeals Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 65,321

521 So.2d 1106

 

05/15/84          Appeal filed

08/21/86          FSC affirmed the conviction and sentence

10/28/86          Rehearing denied

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 86-6105

481 U.S. 1027
12/24/86          Petition filed

04/27/87          USSC remanded petition to FSC

 

Florida Supreme Court – Direct Appeal (on remand)

FSC# 65,321

521 So.2d 1106

 

04/27/87          USSC remanded to FSC

03/17/88          FSC affirmed the conviction and sentence

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 87-7265

488 U.S. 871

 

06/17/88          Petition filed

10/03/88          Petition denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 74,865

589 So.2d 231

 

10/17/89          Petition filed

10/03/91          Petition denied

12/12/91          Rehearing denied

12/12/91          Mandate issued

 

State Circuit Court – 3.850 Motion

CC# 82-1383

 

02/27/90          Motion filed

04/27/90          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 76,211

589 So.2d 231

 

06/25/90          Appeal filed

10/03/91          FSC affirmed trial court’s denial of 3.850 Motion

12/12/91          Rehearing denied

12/12/91          Mandate issued

 

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

USDC# 92-539

 

04/21/92          Petition filed

06/05/95          Order directing administrative closure

03/16/98          Case reopened

07/22/02          Order directing administrative closure

05/15/08          Case reopened

11/24/08          Amended Petition filed

08/14/09          Petition granted; Order granting new penalty phase.

 

State Circuit Court – 3.850 Motion

CC# 83-01383

 

01/30/03          Motion filed

06/03/03          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 03-1329

906 So.2d 1059 (2005)

 

07/11/03          Appeal filed

06/08/05          FSC affirmed trial court’s order denying successive 3.850 Motion

 

State Circuit Court – 3.850 Motion

CC# 83-1383CFBES

 

07/19/05          Successive motion filed

09/07/05          Order denying successive motion

 

Florida Supreme Court – 3.850 Appeal

FSC# 05-1877

939 So.2d 1060 (2006)

 

09/30/05          Appeal filed

09/11/06          FSC affirmed the trial court’s denial of Puiatti’s 3.850 Motion

 

United States Court of Appeals (11th Circuit) – State Appeal of USDC# 92-539

USCA#

(Pending)

 

10/26/09          Appeal filed

 

United States Court of Appeals (11th Circuit) – Appeal of USDC# 92-539

USCA#  09-15514P

 

11/16/09          Appeal filed

11/29/10            Reversed and Remanded to USDC.

 

Warrant:

 

09/27/89          Death warrant signed by Governor Bob Martinez

12/06/89          Scheduled execution date

10/24/89          Florida Supreme Court granted stay of execution

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

Delays in this case stemmed primarily from the number of appeals filed, a remand, and a nine-year-old Habeas petition filed in United States District Court.  The United States Supreme Court, in granting the Certiorari, remanded Puiatti’s Direct Appeal to the Florida Supreme Court after the Court denied it.  Nearly four years passed from the filing of the Direct Appeal on 05/15/84 to its final disposition on 03/17/88.  The defendant filed a second Petition for Writ of Certiorari to United States Supreme Court on 06/17/88.  Prior to the United States District Court, Middle District, Habeas petition filed on 04/21/92, Puiatti filed a Habeas petition to the Florida Supreme Court.

 

Case information:

 

Puiatti filed a Direct Appeal to the Florida Supreme Court on 05/15/84.  Among several other arguments, Puiatti asserted that the trial court’s failure to sever his trial from Glock’s denied his right to confront Glock as to those portions of Glock’s initial confession which implicated Puiatti.  The Court affirmed the trial court’s conviction and sentence on 08/21/86.  The rehearing was denied on 10/28/86.

 

On 12/24/86, Puiatti filed a Petition for Writ of Certiorari to the United States Supreme Court.  The Court vacated the Florida Supreme Court’s decision and remanded the case on 04/27/87. 

 

On remand, on 04/27/87, the Florida Supreme Court held that the introduction of the individual interlocking confession of Glock and the joint confession was harmless error, even if it was an error.  On 03/17/88, the Court affirmed the conviction and sentence.

 

On 06/17/88, Puiatti filed a Petition for Writ of Certiorari to the United States Supreme Court a second time, which was denied on 10/03/88. 

 

Puiatti filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 10/17/89.  Most of his claims involved ineffective counsel.  On 02/27/90, he then filed a 3.850 Motion to the Circuit Court.  After the Circuit Court denied the Motion on 04/27/90, Puiatti appealed the decision to the Florida Supreme Court.  Most of his arguments involved trial court error.  On 10/03/91, the Court consolidated the opinion, denied the Habeas petition, and affirmed the Circuit Court’s denial of the 3.850 Motion.

 

On 04/21/92, Puiatti filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District.  On 06/05/95, the case was administratively closed.  The petition was reopened on 03/16/98, however was administratively closed on 07/22/02 and has been ordered to remain so until Puiatti moves to open the case.  On 05/15/08, the case was reopened.  On 11/24/08, Puiatta filed an Amended Petition for Writ of Habeas Corpus.  The Petition was granted on 08/14/09, which vacated Puiatti’s death sentence and granted a new penalty phase.

 

On 01/30/03, Puiatti filed a 3.850 Motion to the Circuit Court, which was denied on 06/03/03. 

 

Puiatti filed a 3.850 Appeal to the Florida Supreme Court on 07/11/03.  On 06/08/05, the Court affirmed trial court’s order denying his successive 3.850 Motion.

 

On 07/19/05, Puiatti filed a successive 3.850 Motion to the Circuit Court.  On 09/07/05, an order summarily denied the motion and was signed by Judge Diskey.

 

On 09/30/05, Puiatti filed a 3.850 Appeal to the Florida Supreme Court.  Puiattti claimed that a retroactive change in the law governing claims of ineffective assistance of the penalty phase counsel.  Puiatti also claimed mental health discovered during post-conviction proceedings demonstrate that he received ineffective counsel during the penalty phase.  Both claims are procedurally barred in successive post-conviction proceedings.  On 09/11/06, the Court affirmed the trial court’s denial of Puiatti’s 3.850 Motion.

On 10/26/09, the State filed an Appeal to the United States Eleventh Court of Appeals regarding United States District Court Case #92-359.  This appeal is pending.

 

On 11/16/09, Puiatti filed an Appeal to the United States Eleventh Court of Appeals regarding United States District Court Case #92-359.  This appeal was reversed and remanded to United States District Court Case #92-359.

 

Institutional Adjustment:

 

DATE             DAYS             VIOLATION                                     LOCATION      

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

10/01/90          0                      DISOBEYING ORDER        FLORIDA STATE PRISON

01/30/92          0                      LYING TO STAFF                FLORIDA STATE PRISON

08/17/92          0                      DISOBEYING ORDER        FLORIDA STATE PRISON

04/04/93          0                      DISOBEYING ORDER        FLORIDA STATE PRISON

02/28/94          0                      CONSUME INTOXICANTS                        UNION C. I.        

12/17/94          0                      POSS OF NARCOTICS                    UNION C. I.        

01/14/95          0                      POSS OF CONTRABAND               UNION C. I.        

03/30/00          180                  UNAUTH USE OF DRUGS             UNION C. I.    

11/07/03          30                    POSS OF CONTRABAND               UNION C.I.

08/18/05          30                    DISOBEY REGULATIONS                        UNION C.I.

09/23/05          30                    DISOBEYING ORDER                    UNION C.I.

   

________________________________________________________________

 

Report Date:   03/29/01          TB

Approved:       04/05/03          WS

Updated:         01/05/11          CAR