The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 – AssistantPublic 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 themurder of 10-year-old Christine McGowan on 10/30/90.
Robert Rank attempted to wake his stepdaughter, ChristineMcGowan, 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 thenight before, was closed. Upon entering the room, Rank discovered McGowanface down on the bed. She had blood between her legs and her body wascold to the touch. Rank then noticed that the front door was slightlyopen and his construction truck was missing. Police investigators at thescene determined that McGowan had been raped and strangled to death, and issueda bulletin regarding the stolen construction truck.
Upon hearing a radio bulletin regarding the stolenconstruction truck, Debbie Hyatt notified police that she remembered seeing theabandoned truck and a man, later identified as Elmer Carroll, walking easterlyaway from the truck. As a result of Hyatt’s tip, Carroll wasarrested. 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 aresident of the halfway house located next door to the victim’s home and thatCarroll had remarked to other residents about the “cute” girl next door. DNA evidence recovered from the scene matched Carroll’s saliva, semen and pubichair, 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-DegreeMurder
Count II: Sexual Battery W/ VictimUnder 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-DegreeMurder – Death
Count II: Sexual Battery W/ VictimUnder 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 ofCertiorari
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 HabeasCorpus
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 – HabeasAppeal
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 ofthe Sentence:
In December 1994, Carroll was granted a time extension infiling a Motion to Vacate Judgment and Sentence (3.850) until February 1,1996. Statutorily, a defendant has one year from the rehearing denialdate in which to file a 3.850 Motion. With his motion for rehearingdenied on 06/09/94, the time lapse between filing was approximately one yearand seven months. Other than the filing extension, there have been nounreasonable delays at this time.
Case Information:
Carroll filed a Direct Appeal in the Florida Supreme Courton 05/07/92. In that appeal, Carroll alleged that the keys that linkedhim to Rank’s construction truck should have been suppressed as evidencebecause they were found as a result of an illegal arrest. Next, Carrollcontended that testimony of one of the deputies unfairly and prejudiciallycommented on his refusal to testify, and he also argued several improperquestions asked of a psychiatrist on cross-examination by the prosecutor. In reference to the penalty phase of the trial, Carroll argued the applicationof the heinous, atrocious, and cruel (HAC) aggravating factor and that thetrial court erred in failing to consider certain statutory mitigatingevidence. The Florida Supreme Court affirmed the convictions and sentenceof death on 04/14/94.
Subsequently, Carroll filed a Petition for Writ of Certiorariin the United States Supreme Court, which was denied on 10/31/94.
On 02/01/96, Carroll filed a Motion to Vacate Judgment andSentence (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 inthe 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 StateCircuit Court that was denied on 01/12/04. Carroll filed an appeal ofthat decision in the Florida Supreme Court on 02/09/04. On 05/12/05, theFSC affirmed the denial of the Motion.
Carroll filed a Petition for Writ of Habeas Corpus with theU.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 UnitedStates Court of Appeals. The United States Court of Appeals affirmed the lowercourts disposition and denied the Petition for Writ of Habeas Corpus.
On 08/24/09, Carroll filed a Petition for Writ ofCertiorari with the United States Supreme Court that was denied on 11/02/09.
Institutional Adjustment:
11/10/04 60 DISOBEYINGORDER UNION C. I.
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12/31/01 – ew
01/11/02 – approved – ws
12/17/09 – updated – kkr