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.
KOON, Raymond Leon (W/M)
DOB: 01/12/32
Twentieth Judicial Circuit, Collier County, Case # 82-134 CFA
Sentencing Judge: The Honorable Charles T. Carlton
Attorney, Trial: Michael R.N. McDonnell – Private
Attorney, Direct Appeal: Thomas S. Biggs, Jr. – Private
Attorney, Collateral Appeals: Richard M. Creel – Registry
Date of Offense: 11/21/79
Date of Sentence: 01/28/83
Date of Resentence: 12/23/85
Circumstances of the Offense:
On 11/21/79, Raymond Leon Koon was convicted for the murder of Joseph Edward Dino.
Dino, Koon’s counterfeiting consort, was arrested by a United States Secret Service agent on 03/20/79. Following his arrest, Dino agreed to cooperate with the agency and mentioned the extent of his companionship with Koon. On 05/31/79, Koon was arrested and charged with custody and the distribution of counterfeit money. Koon was later indicted by a federal grand jury on counterfeiting charges and Dino had agreed with the government to testify against him. The case never took place on the trial date due to Dino’s murder on 11/21/79. As a result, the counterfeiting charges against Koon were dismissed. Yet, Koon pled guilty to two federal counts: the first on Dino’s murder and the second on a conspiracy to threaten a witness in a court proceeding that resulted in Dino’s death.
According to the facts provided by Koon’s nephew, J.L. Koon, the Koons made up false names and tricked Dino into meeting them for a business meeting at the parking lot of a lounge later that evening. In preparation for this meeting, Koon concealed a shotgun in the trunk of his nephew’s car. When the three met, a fist fight took place between Dino and Koon, leaving Dino severely beaten. The Koons forced Dino into the nephew’s car, and drove to a canal west of Miami. When they arrived, the nephew was ordered to remain in the car while Koon and Dino walked down into a rockpit. Minutes later, gunshots were heard and Dino was found dead in a lake by the nephew.
Codefendant Information:
J.L. Koon
Koon’s nephew, J. L. Koon, who also pled guilty to Dino’s murder, was sentenced to ten years (CC# 82-533). He testified against his uncle on 11/28/79. The nephew’s prosecution was conducted separately.
Trial Summary:
02/16/82 Indicted as follows:
Count I: First-Degree Murder
11/19/82 Jury returned guilty verdicts on all counts of the indictment
11/22/82 Jury recommended death by a vote of 12-0
01/28/83 Sentenced as follows:
Count I: First-Degree Murder – Death
12/23/85 Resentenced to death
Additional Information:
On 12/02/05, Raymond L. Koon died of natural causes.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 63,322
463 So.2d 201 (1985)
02/24/83 Appeal filed
01/10/85 FSC reversed conviction and remanded for new trial
Florida Supreme Court – Direct Appeal (RS)
FSC# 68,132
513 So. 2d 1253 (1987)
01/06/86 Appeal filed
08/20/87 FSC affirmed sentence and conviction
11/16/87 Rehearing denied
12/21/87 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 87-6223
485 U.S. 943 (1988)
01/14/88 Petition filed
03/07/88 Petition denied
State Circuit Court – 3.850 Motion
CC# 82-134 CFA
05/31/89 Motion filed
11/22/89 Motion denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 74,245
619 So.2d 246 (1993)
06/01/89 Petition filed
03/25/93 Petition denied
06/09/93 Rehearing denied and mandate issued
Florida Supreme Court – 3.850 Appeal
FSC# 75,380
619 So.2d 246 (1993)
01/26/90 Appeal filed
06/19/92 Motion for rehearing filed
03/25/93 Affirmed Circuit Court’s denial
06/09/93 Rehearing denied and mandate issued
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 93,218
08/06/93 Petition filed
04/07/03 Case reopened
04/07/05 Petition denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-1139
874 So.2d 1192 (2004)
06/23/03 Petition filed
05/04/04 Petition denied
Death Warrant:
05/01/89 Death warrant signed by Governor Robert Martinez and execution was scheduled to take place on 07/07/89.
Clemency Hearing:
09/14/88 Clemency hearing held and denied
Factors Contributing to the Delay in Imposition of Sentence:
Koon was undergoing numerous appeals upon the actual imposition of death sentence. Having no desire to legally represent himself, Koon was inconsistent with legal representation, replacing almost every attorney, whether public or private, over the six-year period prior to his death resentencing.
It took four years for the Florida Supreme Court to rule on the first petition for the Writ of Habeas Corpus, and three years and five months to rule on the 3.850 motion.
Case Information:
On 02/24/83, Koon filed a Direct Appeal to the Florida Supreme Court. Koon claimed that the federal prosecution and subsequent Florida prosecution violated the appellant’s right against double jeopardy. The Court rejected that appellant’s claim because there was no burden of proof that federal authorities had little or no independent options in the state court proceedings. Koon argued that the court erred in requiring his wife to testify on confidential relations between them during the trial. According to the husband-wife privilege of the Florida Statutes, either spouse has the privilege to refuse disclosure on confidential matters and to prevent others from disclosing communication that was intended to be confidential between the spouses. The state, however, argued that this privilege had been waived by Koon in that he has the right to voluntarily disclose communications so long as he does not have any reasonable expectation or consents to privacy. The Court found requiring Koon’s wife to testify was reversible error. They reversed Koon’s conviction and remanded for a new trial on 01/10/85.
On 12/25/85, Koon was resentenced to death by the Circuit Court. On 01/06/86, he filed a second Direct Appeal to the Florida Supreme Court. The Court affirmed Koon’s death sentence on 08/20/87.
On 01/14/88, Koon filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 03/07/88.
On 05/31/89, Koon filed a 3.850 Motion to the Circuit Court, which was denied on 11/22/89.
On 06/01/89, Koon filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 03/25/93. The rehearing was denied and the mandate was issued on 06/09/93.
Koon filed a 3.850 Appeal to the Florida Supreme Court on 01/26/90, and the Court affirmed the Circuit Court’s denial on 03/25/93. On 06/09/93, the rehearing was denied and the mandate was issued.
On 08/06/93, Koon filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District. A stay was issued and the case was reopened on 04/07/03. The petition was denied on 04/07/05.
Koon filed a Petition for Writ of Habeas Corpus on 06/23/03 to the Florida Supreme Court, which was denied on 05/04/04. In the course of the petition, it was ordered on 07/23/03 that Richard M. Creel be recognized as Koon’s counsel of record.
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Report Date: 10/12/04 NRC
Approved: 10/12/04 JFL
Updated: 12/03/07 AEH