The Commission on Capital Cases updates this information regularly

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.

CARROLL, Elmer (W/M)

DC # 835908

DOB: 08/19/56

Ninth Judicial Circuit, Orange County, Case #90-12464

Sentencing Judge: The Honorable Belvin Perry

Trial Attorney: James E. Taylor, Esq. – Private

Attorneys, Direct Appeal: J. Wulchak & C. Quarles – Assistant Public Defenders

Attorney, Collateral Appeals: Michael P. Reiter, Esq. – Registry

Date of Offense: 10/30/90

Date of Sentence: 04/16/92

Circumstances of Offense:

Elmer Carroll was convicted and sentenced to death for the murder of 10-year-old Christine McGowan on 10/30/90.

Robert Rank attempted to wake his stepdaughter, Christine McGowan, on the morning of 10/30/90 and, when she did not answer his calls, Rank went to McGowan’s room. He noticed her door, which was open the night before, was closed. Upon entering the room, Rank discovered McGowan face down on the bed. She had blood between her legs and her body was cold to the touch. Rank then noticed that the front door was slightly open and his construction truck was missing. Police investigators at the scene determined that McGowan had been raped and strangled to death, and issued a bulletin regarding the stolen construction truck.

Upon hearing a radio bulletin regarding the stolen construction truck, Debbie Hyatt notified police that she remembered seeing the abandoned truck and a man, later identified as Elmer Carroll, walking easterly away from the truck. As a result of Hyatt’s tip, Carroll was arrested. When law enforcement officers searched Carroll for weapons, they found a box cutter and the keys to the stolen construction truck.

Information presented at trial revealed that Carroll was a resident of the halfway house located next door to the victim’s home and that Carroll had remarked to other residents about the “cute” girl next door. DNA evidence recovered from the scene matched Carroll’s saliva, semen and pubic hair, and after his arrest, blood was found on Carroll’s sweatshirt and penis.

Prior Incarceration History in the State of Florida:

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
03/26/1976	LEWD,LASCIVIOUS CHILD U/16	01/08/1980	PASCO		6Y 0M 1D
11/14/1982	LEWD,LASCIVIOUS CHILD U/16	02/01/1983	PASCO	8202170	15Y 0M 0D

Trial Summary:

10/30/90 Defendant arrested.

11/26/90 Defendant indicted on:

Count I: First-Degree Murder

Count II: Sexual Battery W/ Victim Under 12

04/13/92 The jury found the defendant guilty on both counts.

04/13/92 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the

death penalty.

04/16/92 The defendant was sentenced as followed:

Count I: First-Degree Murder – Death

Count II: Sexual Battery W/ Victim Under 12 – Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #79,829

636 So. 2d 1316

05/07/92 Appeal filed.

04/14/94 FSC affirmed the convictions and sentence of death.

06/09/94 Rehearing denied.

07/11/94 Mandate issued.

United States Supreme Court – Petition for Writ of Certiorari

USSC #94-6014

513 U.S. 973

09/07/94 Petition filed.

10/31/94 Petition denied.

State Circuit Court – 3.850 Motion

CC #90-12464

02/01/96 Motion filed.

10/20/98 Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #94,611

815 So.2d 601

12/31/98 Appeal filed.

03/07/02 Decision affirmed.

04/19/02 Rehearing denied.

05/20/02 Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC00-46

815 So.2d 601

01/10/00 Petition filed.

03/07/02 Petition denied.

04/19/02 Rehearing denied.

05/20/02 Mandate issued.

State Circuit Court – 3.850 Motion

CC #90-12464

04/22/03 Motion filed.

01/12/04 Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #SC04-192

904 So. 2d 430

02/09/04 Appeal filed.

05/12/05 FSC affirmed the denial of the Motion.

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

USDC# 05-857

06/08/05 Petition filed.

06/20/08 Petition denied.

United States Court of Appeals, 11th Circuit – Habeas Appeal

USDC# 08-14317

12/04/08 Appeal filed.

07/17/09 USCA affirmed the denial of the Petition.

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-6134

130 S.Ct. 500

08/24/09 Petition filed.

11/02/09 Petition denied.

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

In December 1994, Carroll was granted a time extension in filing a Motion to Vacate Judgment and Sentence (3.850) until February 1, 1996. Statutorily, a defendant has one year from the rehearing denial date in which to file a 3.850 Motion. With his motion for rehearing denied on 06/09/94, the time lapse between filing was approximately one year and seven months. Other than the filing extension, there have been no unreasonable delays at this time.

Case Information:

Carroll filed a Direct Appeal in the Florida Supreme Court on 05/07/92. In that appeal, Carroll alleged that the keys that linked him to Rank’s construction truck should have been suppressed as evidence because they were found as a result of an illegal arrest. Next, Carroll contended that testimony of one of the deputies unfairly and prejudicially commented on his refusal to testify, and he also argued several improper questions asked of a psychiatrist on cross-examination by the prosecutor. In reference to the penalty phase of the trial, Carroll argued the application of the heinous, atrocious, and cruel (HAC) aggravating factor and that the trial court erred in failing to consider certain statutory mitigating evidence. The Florida Supreme Court affirmed the convictions and sentence of death on 04/14/94.

Subsequently, Carroll filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/31/94.

On 02/01/96, Carroll filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court. That motion was denied on 10/20/98, after which Carroll filed an appeal in the Florida Supreme Court on 12/31/98, which was denied on 03/07/02.

Carroll also filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/10/00, which was denied on 03/07/02.

On 4/22/03, Carroll filed another 3.850 Motion in the State Circuit Court that was denied on 01/12/04. Carroll filed an appeal of that decision in the Florida Supreme Court on 02/09/04. On 05/12/05, the FSC affirmed the denial of the Motion.

Carroll filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 06/08/05 that was denied on 06/20/08.

On 12/04/08, Carroll filed a Habeas Appeal with the United States Court of Appeals. The United States Court of Appeals affirmed the lower courts disposition and denied the Petition for Writ of Habeas Corpus.

On 08/24/09, Carroll filed a Petition for Writ of Certiorari with the United States Supreme Court that was denied on 11/02/09.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

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

10/14/92 30 POSS OF UNAUTH BEV. FSP

05/18/93 0 DEST. OF ST. PROP. FSP

05/25/94 0 DISRESP.TO OFFICIALS UNION C. I.

04/05/95 0 UNAUTH USE OF DRUGS UNION C. I.

04/27/95 0 POSS OF CONTRABAND UNION C. I.

03/16/96 0 ARSON OR ATTEMPT UNION C. I.

07/10/96 90 OBSCENE PROFANE ACT UNION C. I.

08/08/98 0 DISORDERLY CONDUCT UNION C. I.

01/10/99 0 DISRESP.TO OFFICIALS UNION C. I.

07/27/99 0 SPOKEN THREATS UNION C. I.

09/02/99 0 DISORDERLY CONDUCT UNION C. I.

10/01/99 0 POSS OF CONTRABAND UNION C. I.

05/10/00 60 DISRESP.TO OFFICIALS UNION C. I.

02/23/01 60 DISRESP.TO OFFICIALS UNION C. I.

06/01/02 60 DISORDERLY CONDUCT UNION C. I.

11/10/04 60 DISOBEYING ORDER UNION C. I.

________________________________________________________________________

12/31/01 – ew

01/11/02 – approved – ws

12/17/09 – updated – kkr