The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may notreflect the latest status of an inmate’s case and should not be relied on forstatistical or legal purposes.
CONSALVO, Robert (W/M)
DC # 941687
DOB: 05/25/62
Seventeenth Judicial Circuit, Broward County, Case #91-19140
Sentencing Judge: The Honorable Howard M. Zeidwig
Trial Attorney: Jeffrey Alan Glass
Attorney, Direct Appeal: Jeffrey L. Anderson – AssistantPublic Defender
Attorney, Collateral Appeals: Ira Still – Registry
Date of Offense: 09/27/91
Date of Sentence: 11/17/93
Circumstances of Offense:
Robert Consalvo was convicted and sentenced to death for themurder of Lorraine Pezza that occurred on 09/27/91.
On the evening of 09/21/91, Lorraine Pezza went to anautomatic teller machine (ATM) with her neighbor, Robert Consalvo. Pezzawithdrew $200, putting $60 in her wallet and placing the other $140 in herglove compartment. The two returned to Pezza’s apartment, and about anhour later, Pezza realized she had left her $140 in the car. Pezzasearched for her car keys, but was unable to find them. Relying on aspare key, Pezza unlocked her car and discovered that her money wasmissing. She called police, and when they arrived, they questionedConsalvo. He denied having any part in the missing keys or money. When the police and Consalvo left, however, Pezza phoned the police asking themto return. Pezza expressed that she felt Consalvo stole the money, butthat she was afraid to voice her suspicions earlier with him present. Pezza also inquired as to how she could press charges against him.
On 09/27/91, Pezza hired a locksmith to change the locks onher doors, mailbox and car. He was the last person to see heralive. On the same day, Consalvo was seen using Pezza’s ATM card, asdocumented by the teller’s security camera. Consalvo was also recognizeddriving a car that looked like Pezza’s.
On 10/03/91, Consalvo was spotted breaking into theapartment of Myrna Walker, the downstairs neighbor of Lorraine Pezza. Policewere called to the scene and Consalvo was apprehended. Upon searchingConsalvo, police found Pezza’s checkbook in his possession.
One of the detectives attempted to speak with Pezzaregarding the stolen checkbook, but there was no answer at her door. Heleft his card lodged in her doorway, instructing her to call him when she gotin. When friends and family began to worry about her disappearance, andpolice noticed the detective’s card still lodged in her doorway, they brokeinto Pezza’s apartment. Pezza’s body was found decomposing in herapartment. The cause of death was determined to be several stab wounds,the fatal wound being inflicted to the left side of her chest. Medicalexaminers determined that Pezza had been killed three to seven days before herbody was found.
While in custody for the burglary of the Walker residence,Consalvo made several incriminating statements implicating himself in Pezza’smurder. He confessed to his mother that he was involved in a murderduring a telephone conversation, and he allegedly told a fellow inmate in thathe killed Pezza after she caught him breaking into her apartment. Whensearching Consalvo’s apartment, investigators found a towel with blood on itthat matched Pezza’s
Additional Information:
Consalvo was convicted and sentenced to three yearscommunity supervision for an additional burglary that he committed in 1986.
Trial Summary:
10/23/91 Defendant indicted on:
Count I: First-DegreeMurder
Count II: Armed Burglary
02/11/93 The jury found the defendant guilty on both counts.
03/25/93 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the deathpenalty.
11/17/93 The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: Armed Burglary- Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 82,780
697 So. 2d 805
11/29/93 Appeal filed.
10/03/96 FSC affirmed the convictions and sentence of death.
07/17/97 Rehearing denied.
11/17/97 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 97-8148
523 U.S. 1109
03/04/98 Petition filed.
05/04/98 Petition denied.
Circuit Court – 3.850 Motion
CC# 91-19140
04/09/99 Motion filed.
03/07/01 Amended motion filed.
02/19/04 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# SC04-520
937 So. 2d 555
03/26/04 Appeal filed.
05/18/06 FSC affirmed denial of the motion.
09/15/06 Mandate issued.
United States District Court, Southern District –Petition for Writ of Habeas Corpus
USDC# 06-61179
08/07/06 Petition filed.
04/21/09 Petition amended.
11/19/09 Petition denied.
04/07/10 COA granted in part, denied in part
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 06-8769
127 U.S. 1821
12/13/06 Petition filed.
03/19/07 USSC denied petition.
Circuit Court – 3.853 Motion
CC# 91-19140
02/21/07 Motion filed.
10/18/07 Motion denied.
Florida Supreme Court – 3.853 Appeal
FSC# 07-2175
3 So. 3d 1014
11/13/07 Appeal filed.
01/29/09 Appeal denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 08-10496
130 S.Ct. 99
04/24/09 Petition filed.
10/05/09 Petition denied.
United States Court of Appeals – Habeas Appeal
USCA# 10-10533
02/17/10 Appeal filed.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Consalvo’s Direct Appeal took approximately three years toresolve. He filed a 3.850 Motion in the State Circuit Court on 04/09/99,which was pending for nearly five years.
Case Information:
On 11/29/93, Consalvo filed a Direct Appeal in the FloridaSupreme Court. In that appeal, he argued that the prosecution madeseveral discovery violations and that during their closing argument, theyimproperly executed a “straw man” defense. Consalvo alsocontended that the trial court erred when it instructed the jury thatunexplained possession of stolen property could justify a burglaryconviction. In regard to the penalty phase, Consalvo asserted that victimimpact evidence was improperly admitted, that his due process rights wereviolated in the sentencing order and that the court erred in its considerationof non-statutory mitigating evidence. He also argued the application ofthe “avoid arrest” aggravating factor. The Florida Supreme Court affirmedthe convictions and sentence of death on 10/03/96.
Consalvo next filed a Petition for Writ of Certiorari in theU.S. Supreme Court, which was denied on 05/04/98.
Consalvo filed a 3.850 Motion in the Circuit Court on04/09/99, which was denied on 02/19/04.
Consalvo filed an appeal of the denial of the motion in theFlorida Supreme Court, raising evidentiary issues. On 05/18/06, the FSCaffirmed the denial of the motion.
Consalvo filed a Petition for Writ of Habeas Corpus in theUnited States District Court on 08/07/06 that was denied on 11/19/09. On04/07/10, a Certificate of Appealability was granted in part and denied inpart.
Consalvo filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 12/13/06 that was denied on 03/19/07.
Consalvo filed a 3.853 Motion in the Circuit Court on02/21/07 that was denied on 10/18/07.
Consalvo filed a 3.853 Appeal in the Florida Supreme Courton 11/13/07 that was denied on 01/29/09.
Consalvo filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 04/24/09 that was denied on 10/05/09.
Consalvo filed a Habeas Appeal in the United States Court ofAppeals in 02/17/10, which is pending.
Institutional Adjustment: ROBERT CONSALVO DC#941687
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/24/94 0 POSS OF UNAUTHBEV. UNION C. I.
08/07/98 0 POSS OF CONTRABAND UNION C. I.
06/01/05 30 POSS OFCONTRABAND UNION C.I.
01/23/01 – ew
01/30/02 – approved – ws
04/13/10 – updated – kkr