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.

CAPEHART, Gregory (B/M)

DC #: 755994

DOB: 08/09/67

Sixth Judicial Circuit, Pasco County, Case #88-00394 CF

Sentencing Judge: The Honorable Maynard F. Swanson, Jr.

Trial Attorney: A. J. Ivie, Esq. – Private

Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender

Attorney, Collateral Appeals: Richard Kiley & JamesViggiano – CCRC-M

Date of Offense:         02/03/88

Date of Sentence:       04/11/89

Circumstances of Offense:

Gregory Capehart was convicted and sentenced to death forthe murder of 62-year-old Marlene Reeves on 02/03/88.

Marlene Reeves, the victim, was an elderly woman who livedindependently in her own apartment in Dade City.  She was completelyilliterate; she could not read, write, or make change.  Edith Snow, afriend of the victim, testified that many people took advantage of Reeves.

Reeves’ body was discovered by police officers while investigatinga reported break-in at her apartment complex.  Deputy Sheriff JeffreyClark found Reeves’ apartment ransacked and her body lying on her bed, with apillow covering her face.  Reeves’ underwear was pulled down to her kneesand her nightgown was pushed up to expose her breasts.  Medical examinersconcluded that Reeves’ sexual organs were injured, indicating a sexual assaultprior to death.  Reeves died as a result of asphyxia from being smotheredwith a pillow.  Investigators lifted a palm print from the scene, whichwas later found to match Gregory Capehart’s. 

Capehart admitted to Walter Harrison, a longtime friend,that he killed Reeves, but told him that it was an accident.  Capehartsaid that he broke into her apartment to steal some money, but Reeves woke up,and when he tried to knock her out with the pillow, he accidentally killedher.  When making a statement to police after his arrest, however,Capehart then claimed he was with a couple of guys who were going to robReeves.  Capehart claimed that he was outside during the robbery, and whenhe entered Reeves bedroom, he saw one of the guys strangling her.

Prior Incarceration History in Florida:

Trial Summary:

02/24/88         Defendant indicted on the following:

                                   Count I:           First-Degree Murder

                                   Count II:           Burglary W/Intent to Commit Assault

04/20/88         Defendant entered a plea of “not guilty” on both counts.

02/22/89         The jury found the defendant guilty of the following:

                                   Count I:           First-Degree Murder

                                   Count II:           Burglary W/OIntent to Commit Assault

02/23/89         Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the deathpenalty.

04/11/89         The defendant was sentenced as followed:

                                   Count I:           First-Degree Murder - Death

                                   Count II:           Burglary W/OIntent to Commit Assault – 15 years

NOTE:           Capehart’ssentence on Count II:  Burglary W/O Intent to Commit Assault was laterreduced to seven years.

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #74,231

583 So. 2d 1009

05/30/89          Appeal filed.

06/13/91          FSC affirmed the convictions and sentenceof death; however, they vacated Capehart’s 15-year burglary sentence and remandedfor new sentencing under

sentencing guidelines.

09/03/91          Rehearing denied.

10/03/91          Mandate issued.

United States Supreme Court - Petition for Writ ofCertiorari

USSC #91-6582

502 U.S. 1065

12/01/91          Petition filed.

01/21/92          Petition denied.

State Circuit Court - 3.850 Motion

CC #88-00394

04/19/93          Motion filed.

04/08/94          Second amended motion filed.

12/16/98          Third amended motion filed.

08/21/01          Fourth amended motion filed.

11/15/02          Fifth amended motion filed.

07/14/03          Sixth amended motion filed.

04/21/04          EH held.

04/26/04          Judge ordered new penalty phase.

07/26/06          Seventh amended motion filed.

05/16/07          Order denying in part sixth and seventh amendedmotions. 

10/03/08          Order denying seventh amended motion.

Florida Supreme Court – 3.850 Motion Appeal

FSC# 10-275

02/08/10          Appeal filed.

05/13/10          Dismissed and returned to CC to conduct anew penalty phase proceeding

Factors Contributing to the Delay in the Imposition ofthe Sentence:

Capehart’s 3.850 Motion was pending for fourteen years, withseven amended motions. On 10/27/08, Capehart appealed to the District Court ofAppeal, which transferred the appeal to the Florida Supreme Court on 02/04/10. 

Case Information:

Capehart filed his Direct Appeal in the Florida SupremeCourt on 05/30/89.  In that appeal, Capehart argued that there wasinsufficient evidence to prove he killed Marlene Reeves and that the trialcourt erred in permitting the testimony of a medical examiner, who did notperform the autopsy.  Capehart objected to the testimony of Officer Muckwho negated Capehart’s claim that someone else killed Reeves, and he alsoobjected to the admission of character evidence of the victim.  Inreference to the penalty phase, Capehart argued that the court did notadequately examine his claim of ineffective counsel and their refusal to granthim a new court-appointed counsel.  He also claimed that the court erredin its application of aggravating factors.  Upon examination of thisclaim, the Florida Supreme Court ruled that the cold, calculated, andpremeditated (CCP) aggravating factor was falsely applied to Capehart’scase.  With three other valid aggravating factors present, however, theSupreme Court deemed the inclusion of the CCP factor as harmless error. On 06/13/91, the Florida Supreme Court affirmed the convictions and sentence ofdeath; however, they vacated Capehart’s 15-year burglary sentence and remandedfor re-sentencing according to sentencing guidelines.

On 12/01/91, Capehart filed a Petition for Writ of HabeasCorpus in the United States Supreme Court, which was denied on 01/21/92.

On 04/19/93, Capehart filed a 3.850 motion in the StateCircuit Court.  He has filed seven amended motions, the last of which wasfiled on 07/26/06. On 04/21/04, an evidentiary hearing was held and on04/26/04, the judge granted a new penalty phase.  Capehart is awaitingresentencing.  On 05/16/07, the Court denied in part Capehart’s sixth andseventh amended motions. On 10/03/08, the Court denied Capehart’s seventhamended motion.

On 02/04/10, Capehart filed a 3.850 Motion Appeal in theFlorida Supreme Court. On 05/13/10, the appeal was dismissed without prejudice andreturned to the Circuit Court to conduct a new penalty phase proceeding.

Institutional Adjustment: 

 DATE           DAYS             VIOLATION                             LOCATION       

 09/02/90        30                  POSS OF UNAUTH BEV.                FSP

 08/17/92        0                    DISOBEYING ORDER                     FSP

 10/22/92        15                  POSS OF NEGOTIABLES                FSP

 06/21/94        0                    PART.IN RIOTS                          UNION C.I.         

________________________________________________________________________

12/06/01 – ew

12/19/01 – approved – ws

05/18/10 – updated – kkr