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 upon for statistical or legal purposes.
KOKAL, Gregory Alan (W/M)
DC# 072002
DOB: 02/27/63
Fourth Judicial Circuit, Duval County, Case# 83-8975-CF
Sentencing Judge: The Honorable James L. Harrison
Attorney, Trial: Dale Westling – Private
Attorney, Direct Appeal: Wayne F. Flowers – Private
Attorney, Collateral Appeals: Linda M. McDermott –Registry/Federal
Date of Offense: 09/29/83
Date of Sentence: 11/14/84
Circumstances of Offense:
At approximately midnight on 09/29/83, Gregory Alan Kokaland William O’Kelly picked up a hitchhiker, victim Jeffrey Russell. Theythen drove to a Jacksonville Beach park. When they exited the car,Russell was attacked and beaten with Kokal’s pool cue before he wasrobbed. Russell was forced to walk approximately 100 feet where he pledfor his life as he was beaten unconscious with the pool cue. Russell wasthen fatally shot with a .357 revolver. The body was discovered thefollowing day, and the police initially reported that the victim had beenbeaten to death. During the autopsy, it was determined that the gunshotkilled the victim. The fact the gunshot was the cause of death wasrestricted to the investigating officers.
Kokal was apprehended the following morning by police afterhe fled a gas station without paying in O’Kelly’s truck. When the policeofficer asked Kokal for identification, he produced O’Kelly’s Colorado license,the victim’s New York license, and an Arizona vehicle registration in O’Kelly’sname, in addition to his own Florida license. The officer arrested Kokalfor the gasoline theft and the truck was seized and inventoried. When thetruck was inventoried, the murder weapon and a box of shells were found bearingKokal’s fingerprints. Kokal was released, however, because the officerwas not aware of his involvement in the murder. Later that same day,Kokal told a friend about the robbery and murder, including details only knownto the police, such as the fatal gunshot. Kokal was arrested after awarrant was issued for his capture.
Codefendant Information:
William O’Kelly pled guilty to the lesser offense ofsecond-degree murder in exchange for trial testimony against Kokal.
Prior Incarceration History in the State of Florida:
| 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 | | |
| 01/10/1980 | GRAND THEFT MOTOR VEHICLE | 02/07/1980 | DUVAL | | 3Y 0M 0D | | |
Trial Summary:
10/20/83 Defendant indicted with the following:
CountI: First-DegreeMurder
10/04/84 Defendant found guilty of First-Degree Murder
10/12/84 Jury recommended Death by a vote of 12-0
11/14/84 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 66,305
492 So. 2d 1317
12/19/84 Appeal filed.
07/17/86 FSC affirmed conviction and sentence.
09/17/86 Rehearing denied.
10/20/86 Mandate issued.
State Circuit Court – 3.850 Motion
CC# 83-8975-CF
09/26/88 Motion filed.
04/14/97 Motion denied.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 73,102
718 So. 2d 138
09/26/88 Petition filed.
07/16/98 Petition denied.
08/17/98 Mandate issued.
Florida Supreme Court – 3.850 Appeal
FSC# 90,622
718 So. 2d 138
05/23/97 Appeal filed.
07/16/98 FSC affirmed trial court’s denial of the 3.850 motion.
08/17/98 Mandate issued.
State Circuit Court – 3.850 Motion
CC# 83-8975-CF
08/17/99 Motion filed.
02/12/01 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 01-882
901 So.2d 766
04/25/01 Appeal filed.
01/13/05 FSC affirmed trial court’s denial of the 3.850 motion.
04/28/05 Rehearing denied.
05/19/05 Mandate issued.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 05-173
02/22/05 Petition filed.
03/10/05 Amended petition filed.
02/11/08 Petition denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 05-6014
126 S. Ct. 560 (Mem)
07/26/05 Petition filed.
10/31/05 Petition denied.
State Circuit Court – 3.851 Motion
CC# 83-8975
07/25/08 Motion filed.
08/30/10 Motion denied.
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 08-11722
623 F.3d 1331
08/20/08 Appeal filed.
10/18/10 USCA affirmed the decision of the lower court.
Florida Supreme Court – 3.851 Appeal
FSC# 10-2007
(Pending)
10/20/10 Appeal filed.
State Circuit Court – 3.851 Motion
CC# 83-8975
10/20/10 Motion filed.
10/21/10 Motion denied.
11/03/10 Motion for Rehearing filed.
11/08/10 Motion denied.
Florida Supreme Court – 3.851 Appeal
FSC# 10-2514
(Pending)
12/10/10 Appeal filed.
Warrants:
08/25/88 Death Warrant signed by Governor Bob Martinez.
10/12/88 Stay of execution issued by the Circuit Court.
Clemency:
12/07/87 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition ofSentence:
The Petition for Writ of Habeas Corpus was pending in theFlorida Supreme Court for ten years prior to disposition. Simultaneously,a 3.850 motion was pending in the Circuit Court for eight years prior todisposition.
Case Information:
A Direct Appeal was filed to the Florida Supreme Court on12/21/84. Issues that were raised on appeal included whether the trial courterred in applying the heinous, atrocious, and cruel aggravator, and whether thetrial court erred in not suppressing the murder weapon seized during thevehicle inventory following appellant’s arrest for stealing gas. TheCourt found all of the claims either harmless or without merit and affirmed theconviction and sentence of death on 07/17/86. A death warrant was signedby Governor Bob Martinez on 08/25/88.
A 3.850 Motion was filed to the Circuit Court on09/26/88. A stay was granted by the Circuit Court on 10/12/88. Themotion was denied on 04/14/97.
A 3.850 Appeal was filed to the Florida Supreme Court on05/23/97. Issues that were raised on appeal included whether trialcounsel was ineffective and whether the trial court failed to adequately weighthe aggravating and mitigating circumstances. The Court found all of theclaims either without merit or procedurally barred and denied the petition on07/16/98.
A Petition for Writ of Habeas Corpus was filed to theFlorida Supreme Court on 09/26/88. Issues that were raised on appealincluded whether trial counsel was ineffective and whether the trial courterred by refusing to excuse for cause two jurors who were biased in favor ofthe death penalty. The Court found all of the claims either harmless orwithout merit and denied the petition on 07/16/98.
A 3.850 Motion was filed to the Circuit Court on08/17/99. The motion was denied on 02/12/01.
A 3.850 Appeal was filed with the Florida Supreme Court on04/25/01. The Court affirmed the trial court’s denial of the 3.850 Motionon 01/13/05. The Court affirmed the trial court’s denial of Kokal’smotion to disqualify Judge Carithers. Finally, the Court rejected asprocedurally barred Kokal’s due process claim based upon the State’s allegedfailure to preserve evidence. On 04/28/05, the rehearing wasdenied. The mandate was issued on 05/19/05.
On 02/22/05, Kokal filed a Petition for Writ of HabeasCorpus to the United States District Court, Middle District. The petitionwas amended on 03/10/05 and subsequently denied on 02/11/06.
On 07/26/05, Kokal filed a Petition for Writ of Certiorarito the United States Supreme Court, which was denied on 10/31/05.
On 07/25/08, Kokal filed a 3.851 Motion in the State CircuitCourt. This motion was denied on 08/30/10.
On 08/20/08, Kokal filed a Habeas Appeal of the UnitedStates District Court’s 02/11/06 denial in the United States Court of Appeals,11th Circuit. On 10/18/10, the USCA affirmed the denial of theHabeas petition.
Kokal filed a 3.851 Appeal in the Florida Supreme Court on10/20/10. This case is currently pending.
On 10/20/10, Kokal filed a 3.851 Motion in the State CircuitCourt. This motion was denied on 10/21/10. A Motion for Rehearing was filed on11/03/10 and denied on 11/08/10.
On 12/10/10, Kokal filed a 3.851 Appeal in the FloridaSupreme Court. This case is currently pending.
Institutional Adjustments:
DATE DAYS VIOLATION LOCATION
-------- ---- ----------------- -------------------
09/10/87 0 DISOBEYINGORDER FLORIDASTATE PRISON
05/05/90 0 POSS OFCONTRABAND FLORIDA STATE PRISON
01/17/91 0 DEFACING STATEPROP. FLORIDASTATE PRISON
05/14/91 0 FIGHTING FLORIDASTATE PRISON
05/22/94 0 POSS OFNARCOTICS UNIONC. I.
02/02/06 180 UNAUTH USE OFDRUGS UNION C.I.
________________________________________________________________________
Report Date: 07/30/03 CC
Approved: 09/15/03 WS
Updated: 03/22/11 EMJ