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 upon for statistical or legal purposes.

JOHNSTON, Ray (W/M)

DC# 927442

DOB: 10/24/54

Thirteenth Judicial Circuit, Hillsborough County Case # 97-13379

Sentencing Judge: The Honorable Diana Allen

Attorneys, Trial: Kenneth Littman & Joseph Registrato – Assistant Public Defenders

Attorney, Direct Appeal: Steven Bolotin – Assistant Public Defender

Attorney, Collateral Appeals: David Hendry – CCRC-M

Date of Offense: 08/19/97

Date of Sentence: 03/13/00

Circumstances of Offense:

Leanne Coryell was a clinical orthodontist assistant and left work at 8:38 p.m. on the evening of 08/19/97. She then went to a grocery store and left the store at 9:23 p.m. Her body was discovered at 10:30 p.m. floating in a pond on the property of St. Timothy’s Church. Forensic investigation determined that Coryell died from manual strangulation and had wounds that suggested impact from a blunt weapon. Also, vertical scrapes on her back suggested that she was dragged to the pond. Two unusually shaped bruises on Coryell’s buttocks led forensic experts to conclude that she was beaten with her own belt prior to death. Coryell’s body also showed internal and external injuries to the vagina, consistent with penetration. Her clothes were found on a nearby embankment and impressions were taken of shoe prints found near the clothing. Coryell’s black Infiniti was in the church’s parking lot with the keys in the ignition and the engine still warm. Police were able to life a fingerprint, later matched to Ray Johnston, from the exterior of the car.

ATM surveillance photos showed a person withdrawing $500 from Coryell’s bank account and these photos were given to the news media, which aired them. A friend of Ray Johnston saw the photos and called police. Based on telephone calls identifying Johnston, police obtained a search warrant for his apartment and found a pair of wet tennis shoes and shorts. The imprints from the tennis shoes matched three partial impressions from the crime scene.

Johnston saw his photo on television and volunteered to give a statement to police. In the statement, he told police that he was a friend of Coryell and that they had gone out to dinner a few times. According to Johnston, he withdrew the money from Coryell’s account to repay a loan she had obtained from him. Johnston justified the wet shoes found by police by saying that he had jumped in a hot tub, shoes and all, after a run. Johnston also called a pen pal and asked her to provide a false alibi for him, by telling his attorneys that she was working out with Johnston on the night of the murder.

Additional Information:

Johnston was convicted and sentenced to death for the 1997 murder of Janice Nugent (Case # 99-11338).

During the penalty phase in the Coryell murder trial, the State introduced testimony from three victims of prior violent felonies committed by Johnston. Each testified that Johnston grabbed them, placed a hunting knife to their throats, and forced them to undress, bound, or beat them with a belt.

Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept.of Corrections since January of 1983)
Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
01/21/1988	BURGLARY ASSAULT ANY PERSON	09/26/1988	DUVAL	8807086	18Y 0M 0D
06/12/1988	BURGLARY ASSAULT ANY PERSON	09/26/1988	DUVAL	8807087	18Y 0M 0D
06/12/1988	KIDNAP;COMM.OR FAC.FELONY	09/26/1988	DUVAL	8807087	18Y 0M 0D

Prior Community Supervision History in the State of Florida
Offense Date	Offense	Sentence Date	County	Case No.	Community Supervision Length
02/01/1973	ROBB.GUN/DEADLY WPN	01/14/1976	INTERESTATE	7600547	13Y 5M 21D

Trial Summary:

09/10/97 Indicted as follows:

Count I: First-Degree Murder

Count II: Kidnapping

Count III: Robbery

Count IV: Sexual Battery

Count V: Burglary of a Conveyance

06/17/99 Jury returned guilty verdicts on all counts of the indictment

06/17/99 Jury recommended death by a vote of 12-0

03/13/00 Sentenced as follows:

Count I: First-Degree Murder – Death

Count II: Kidnapping – Life Imprisonment

Count III: Robbery – 15 years

Count IV: Sexual Battery – Life Imprisonment

Count V: Burglary of a Conveyance – Life Imprisonment

Current Prison Sentence History:
Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
08/19/1997	1ST DG MUR/PREMED. OR ATT.	03/13/2000	HILLSBOROUGH	9713379	DEATH SENTENCE
08/19/1997	KIDNAP;COMM.OR FAC.FELONY	03/13/2000	HILLSBOROUGH	9713379	SENTENCED TO LIFE
08/19/1997	ROBB. NO GUN/DDLY.WPN	03/13/2000	HILLSBOROUGH	9713379	15Y 0M 0D
08/19/1997	SEX BAT/ WPN. OR FORCE	03/13/2000	HILLSBOROUGH	9713379	SENTENCED TO LIFE
08/19/1997	BURGLARY ASSAULT ANY PERSON	03/13/2000	HILLSBOROUGH	9713379	SENTENCED TO LIFE
02/06/1997	1ST DG MUR/PREMED. OR ATT.	08/22/2001	HILLSBOROUGH	9911338	DEATH SENTENCE

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 00-979

841 So.2d 349

05/03/00 Appeal filed

12/05/02 FSC affirmed convictions and sentences

03/13/03 Rehearing denied and Mandate issued

Circuit Court – 3.851 Motion

CC# 97-13379

03/16/04 Motion filed

06/11/04 Motion amended

12/08/05 Motion amended

02/05/09 Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 09-496

(Pending)

03/18/09 Appeal filed

Florida Supreme Court – 3.850 Appeal

FSC# 09-780

05/01/09 Appeal filed

03/24/11 Appeal denied

Factors Contributing to the Delay in Imposition of Sentence:

The case progression appears to be within acceptable time parameters.

Case Information:

Johnston filed a Direct Appeal with the Florida Supreme Court on 05/03/00, citing the following errors: juror misconduct; failing to ascertain the effect of pretrial publicity; failing to instruct the jury and failing to address the mitigating factors of extreme mental or emotional disturbance. On 12/05/02, the FSC affirmed the convictions and sentences.

Johnston filed a 3.850 Motion with the Circuit Court on 03/16/04 and amended the Motion on 06/11/04 and 12/08/05. The Motion was denied on 02/05/09.

Johnston filed a 3.850 Appeal with the Florida Supreme Court on 03/18/09. This appeal is pending.

Johnston filed a 3.850 Appeal with the Florida Supreme Court on 05/1/09. This appeal was denied on 03/24/11.

JOHNSTON, Ray (W/M)

DC# 927442

DOB: 10/24/54

Thirteenth Judicial Circuit, Hillsborough County Case # 99-11338

Sentencing Judge: The Honorable Rex Barbas

Attorneys, Trial: Kenneth Littman & Gerod Hooper – Assistant Public Defenders

Attorney, Direct Appeal: Steven Bolotin – Assistant Public Defender

Attorney, Collateral Appeals: David Hendry – CCRC-M

Date of Offense: 02/06/97 or 02/07/97

Date of Sentence: 08/22/01

Circumstances of Offense:

The body of Janice Nugent was discovered by her son-in-law, John McCarthy, on the evening of 02/07/97. McCarthy noticed that the side door to the house was ajar and the keys were still in the door lock. McCarthy discovered Nugent’s body, wrapped in a bed comforter and submerged in the bathtub. Nugent was wearing only panties and a bra. A medical examiner determined that the cause of death was manual strangulation and the time of death was between 1 a.m. on 02/06/97 and 1 a.m. on 02/07/97. The medical examiner also determined that Nugent was murdered before being submerged in the bathtub. Nugent’s body had extensive bruising to the neck and shoulders and defensive wounds on her hands and arms. Nugent’s body also sustained three to five impact wounds to her hips and buttocks consistent with a belt or vacuum cleaner hose.

At the crime scene, fingerprints were found on the bottom of a plastic cup under the kitchen table and on the cold water knob of the bathtub. Shoe tracks were also found on the kitchen floor. Blood and saliva/sweat were found on a sheet in the bedroom. All forensic evidence found at the crime scene was later matched to Ray Johnston.

Ray Johnston was an acquaintance of Nugent and the two had dated prior to the murder. Police interviewed Johnston three times before the trial. When police confronted Johnston regarding forensic evidence left by him at the crime scene, he explained that while being massaged by Nugent, she spilled hot massage oil on his legs and buttocks. He then jumped in her shower and washed himself off.

Additional Information:

Johnston was convicted and sentenced to death for the 1997 murder of Leanne Coryell (Case # 97-13379).

Trial Summary:

01/30/99 Indicted on one count of First-Degree Murder

10/06/00 Jury returned a guilty verdict on the sole count of the indictment

04/12/01 Jury recommended death by a vote of 11-1

08/22/01 Sentenced to death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 01-1914

863 So.2d 271

09/04/01 Appeal filed

10/16/03 FSC affirmed conviction and sentence

11/06/03 Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 03-8467

541 U.S. 946

01/14/04 Petition filed

03/22/04 USSC denied Petition

Circuit Court – 3.851 Motion

CC# 99-11338

02/28/05 Motion filed

07/12/05 Motion amended

12/31/08 Motion denied

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 09-2148

(Pending)

11/19/09 Petition filed

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 10-75

01/19/10 Petition filed

03/24/11 Petition denied.

Factors Contributing to the Delay in Imposition of Sentence:

The case appears to be within acceptable time parameters.

Case Information:

Johnston filed a Direct Appeal with the Florida Supreme Court on 09/04/01, citing the following errors: allowing into evidence statements made during custodial interrogation regarding a person living within Johnston named “Dwight”; admitting evidence pertaining to the Coryell murder; relying on insufficient circumstantial evidence to prove identity and premeditation; and the constitutionality of Florida’s capital sentencing scheme. On 10/16/03, the FSC affirmed the conviction and sentence.

Johnston filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/14/04 that was denied on 03/22/04.

Johnston filed a 3.851 Motion with the Circuit Court on 02/28/05 and amended it on 07/12/05. This motion was denied on 12/31/08.

Johnston filed a 3.850 Appeal with the Florida Supreme Court on 05/01/09. This appeal is pending.

Johnston filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 11/19/09. This petition is pending.

Johnston filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 01/19/10. This petition was denied on 03/24/11.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

Offense Date	Violation	Days	Location
12/07/01	POSS OF CONTRABAND	0	FLORIDA STATE PRISON
02/06/02	POSS OF CONTRABAND	0	FLORIDA STATE PRISON
08/04/02	FAILURE TO COMPLY	0	UNION C.I.
12/16/02	SPOKEN THREATS	0	UNION C.I.
06/22/04	DISRESP. TO OFFICIALS	30	UNION C.I.
06/27/05	FIGHTING	30	FLORIDA STATE PRISON
11/14/05	POSS OF STOLEN PROP	0	FLORIDA STATE PRISON
11/14/05	POSS OF CONTRABAND	0	FLORIDA STATE PRISON
11/14/05	POSS OF UNAUTH CLOTH	0	FLORIDA STATE PRISON
11/14/05	POSS OF NARCOTICS	40	FLORIDA STATE PRISON
01/11/06	FIGHTING	0	FLORIDA STATE PRISON
02/20/06	POSS OF WEAPONS	0	FLORIDA STATE PRISON

________________________________________________________________________

Report Date: 07/07/04 JFL

Approved: 07/08/04 EW

Updated: 03/24/11 CAR