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. 

 

CONDE, Rory (W/M)

DC#     M25274

DOB:   06/14/65

 

Eleventh Judicial Circuit, Dade County Case # 95-19816

Sentencing Judge: The Honorable Jerald Bagley

Attorney, Trial: Jeffrey Fink & J. Rafael Rodriguez – Special Assistant Public Defenders

Attorney, Direct Appeal: Benjamin Waxman – Special Assistant Public Defender

Attorney, Collateral Appeals: Gustavo Garcia-Montes – Registry

 

Date of Offense:           09/16/94 – 01/10/95

Date of Sentence:         03/07/00

 

Circumstances of Offense:

 

On 01/13/95, Rory Conde picked up a prostitute, Rhonda Dunn, and took her to his apartment.  After twice engaging in sexual relations, Dunn got up to go to the bathroom.  Conde followed her and began to manually strangle her from behind.  Dunn and Conde struggled and fell to the floor, but Dunn eventually died from asphyxiation.  Conde disposed of her body by driving it to another location and leaving it on the side of the road. 

 

In June of 1995, fire rescue personnel found a woman, who was naked and bound in duct tape, trapped in an apartment.  While investigating the kidnapping, police found evidence in the apartment that linked the tenant to the six prostitute murders.  The apartment was rented by Conde, and he became a suspect in the murders.  After his arrest, Conde consented to searches of his apartment and car and the taking of saliva and blood samples.  The day after his arrest, Conde confessed to the murders.  DNA evidence linked Conde to six murders. 

 

The sequence of events in the Dunn murder occurred on five prior dates.  On each occasion, Conde picked up prostitutes, engaged in sexual relations, strangled them, and disposed of the bodies.  The five previous victims (and date of death) are: Lazaro Comesana (09/16/94), Elisa Martinez (10/08/94), Charity Nava (11/20/94), Wanda Crawford (11/25/94), and Necole Schneider (12/17/94).  Conde stated that after each murder, he knelt over the body and verbally blamed the victim for his marital problems.  The murders were preceded by the break-up of his marriage.  Conde also engaged in post-mortem sexual relations with each of the victims.

 

Additional Information:

 

In addition to a death sentence, Conde is also imprisoned for multiple crimes committed before the Dunn murder:

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

04/18/1995

BURGLARY ASSAULT ANY PERSON

02/13/1998

MIAMI-DADE

9522981

18Y 10M 0D

04/18/1995

SEX BAT/ WPN. OR FORCE

02/13/1998

MIAMI-DADE

9522981

18Y 10M 0D

04/18/1995

ROBB. GUN/DEADLY WPN

02/13/1998

MIAMI-DADE

9522981

18Y 10M 0D

04/18/1995

KIDNAP;COMM.OR FAC.FELONY

02/13/1998

MIAMI-DADE

9522981

18Y 10M 0D

 

Trial Summary:

 

07/12/95          Indicted as follows:

                                    Count I:            First-Degree Murder (Lomensana)

                                    Count II:           First-Degree Murder (Martinez)

                                    Count III:         First-Degree Murder (Nava)

                                    Count IV:         First-Degree Murder (Crawford)

                                    Count V:          First-Degree Murder (Schneider)

                                    Count VI:         First-Degree Murder (Dunn)

07/26/95          Count VI severed from the other counts of the indictment

10/19/99          Jury returned a guilty verdict on Count VI of the indictment

12/14/99          Jury recommended death by a vote of 9-3

03/07/00          Sentenced as follows:

                                    Count VI:         First-Degree Murder (Dunn) – Death

04/03/01          Sentenced as follows:   

                                    Count I:            First-Degree Murder (Lomensana) – Life

                                    Count II:           First-Degree Murder (Martinez) – Life

                                    Count III:         First-Degree Murder (Nava) – Life

                                    Count IV:         First-Degree Murder (Crawford) – Life

                                    Count V:          First-Degree Murder (Schneider) – Life

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 00-789

860 So.2d 930

 

04/10/00          Appeal filed

09/04/03          Convictions and sentences affirmed

11/05/03          Rehearing denied and Mandate issued

 

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

USSC# 03-8759

541 U.S. 977

 

02/02/04          Petition filed

04/05/04          USSC denied Petition

 

Circuit Court – 3.851 Motion

CC# 95-19816

 

03/24/05          Motion filed

09/07/06          Evidentiary Hearing held

09/29/06          CC denied motion

 

Florida Supreme Court – 3.851 Motion Appeal

FSC# 06-1998

35 So.3d 660

 

10/09/06          Appeal filed 

02/11/10          FSC affirmed the denial of the motion

05/20/10          Rehearing denied

06/07/10          Mandate issued

 

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

USDC# 10-21848

(Pending)

 

06/07/10          Petition filed

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The Direct Appeal was pending for over three years (04/10/00 – 09/04/03). Additionally, the 3.851 Motion Appeal was pending for over three years (10/09/06 – 02/11/10).

 

Case Information:

 

On 04/10/00, Conde filed a Direct Appeal with the Florida Supreme Court, citing the following errors: denying challenges to six jurors; granting the State’s motion to strike a prospective juror; denying a motion for judgment of acquittal; admitting evidence of the prior murders; admitting testimony of collateral crimes, admitting evidence of police warnings to Dunn about a series of murders and Conde’s flight at the time of arrest; failing to limit prosecutorial comments during opening and closing arguments; denying a motion to suppress a confession; finding the aggravating circumstances; failing to find mitigating circumstances; admitting evidence about prior violent felonies; excluding mitigation testimony on the basis of a discovery violation; lacking proportionality regarding the death sentence; and Florida’s unconstitutional death penalty statute. On 09/04/03, the court affirmed the convictions and sentences. 

 

On 02/02/04, Conde filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 04/05/04.

 

On 03/24/05, Conde filed a 3.851 Motion with the Circuit Court and an Evidentiary Hearing was held on 09/07/06.  On 09/29/06, the CC denied the motion.

 

On 10/09/06, Conde filed a 3.851 Motion Appeal with the Florida Supreme Court, which was denied on 02/11/10.

 

On 06/07/10, Conde filed a Petition for Writ of Habeas Corpus with the United States District Court, Southern District, which is pending. 

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Report Date:   07/26/04          JFL

Updated:         07/07/10          KKR