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.
BUTLER, Harry (B/M)
DC # 233984
DOB: 03/14/61
Sixth Judicial Circuit, Pinellas County, Case #97-4690
Sentencing Judge: The Honorable Frank Quesada
Attorney, Criminal Trial: Richard Watts – Private
Attorney, Direct Appeal: Kevin Briggs – Assistant PublicDefender
Attorney, Collateral Appeals: Bill Jennings, Mark Gruber,& David Hendry – CCRC-M
Date of Offense: 03/13/97
Date of Sentence: 01/11/99
Circumstances of Offense:
Harry Butler was convicted and sentenced to death for the03/13/97 murder of his former girlfriend, Leslie “Bay” Fleming.
The body of Leslie “Bay” Fleming was discovered on themorning of 03/14/97 by her sister, Shawna Fleming. Shawna Fleming wentover to her sister’s apartment at approximately 7:15 a.m. and was let in by LaShara Butler, the six-year-old daughter of Leslie Flemingand Harry Butler. Shawna found her sister, Leslie, asphyxiated andstabbed multiple times.
At trial, LaShara Butler testifiedthat, on the night of the murder, she had been sleeping in the bedroom with hermother, when her father, Harry Butler, picked her up and took her to her ownroom. LaShara further stated that she saw herfather pin her mother down and heard her mother scream as though she was beinghurt.
Lola Young, a neighbor of Leslie Fleming, testified that shesaw Harry Butler hiding in the bushes near Leslie’s apartment in the earlymorning hours of 03/14/97. She also stated that she saw a blue car speedthrough the complex, stop and pick up Butler.
Several of Butler’s acquaintances testified that he said hekilled or was going to kill Leslie.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 8/24/1988 | COCAINE-SALE OR PURCHASE | 12/1/1989 | PINELLAS | 8814507 | 2Y 0M 0D |
| 8/24/1988 | COCAINE-POSSESS | 12/1/1989 | PINELLAS | 8814507 | 2Y 0M 0D |
| 11/28/1987 | CARRYING CONCEALED FIREARM | 12/1/1989 | PINELLAS | 8714469 | 2Y 0M 0D |
| 12/29/1987 | COCAINE-POSSESS | 12/1/1989 | PINELLAS | 8716143 | 2Y 0M 0D |
| 10/2/1990 | COCAINE-SALE OR PURCHASE | 6/18/1992 | PINELLAS | 9018103 | 4Y 6M 0D |
| 10/2/1990 | CONSTRUCTIVE POSSESSION | 6/18/1992 | PINELLAS | 9018103 | 4Y 6M 0D |
| 1/8/1992 | COCAINE-SALE OR PURCHASE | 6/18/1992 | PINELLAS | 9203668 | 4Y 6M 0D |
| 1/8/1992 | CONSTRUCTIVE POSSESSION | 6/18/1992 | PINELLAS | 9203668 | 4Y 6M 0D |
| 1/9/1992 | COCAINE-SALE OR PURCHASE | 6/18/1992 | PINELLAS | 9203669 | 4Y 6M 0D |
| 1/9/1992 | CONSTRUCTIVE POSSESSION | 6/18/1992 | PINELLAS | 9203669 | 4Y 6M 0D |
Prior Community Supervision History in the State ofFlorida:
| Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length |
| 7/10/1982 | AGG ASSLT-W/WPN NO INTENT TO K | 11/12/1982 | PINELLAS | 8205274 | 3Y 6M 0D |
Trial Summary:
04/02/97 The defendant was indicted on the following charges:
Count I: First-Degree Murder
04/03/97 The defendant entered a plea of “not guilty.”
06/26/98 The jury found the defendant guilty of First-Degree Murder as charged in theindictment.
06/27/98 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for theimposition of the death penalty.
01/11/99 The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #95,158
842 So. 2d 817
03/24/99 Appeal filed
05/09/02 FSC affirmed the conviction and sentence of death
04/03/03 FSC issued a revised opinion, again affirming the conviction and sentence ofdeath
04/03/03 Rehearing denied in light of revised opinion
04/23/03 Mandate issued
06/19/03 Corrected opinion issued
Circuit Court – 3.851 Motion
CC #97-4690
07/13/04 Motionfiled
02/20/05 Motionamended
05/13/10 Motiondenied
Florida SupremeCourt – 3.850 Appeal
FSC# 10-1133
(Pending)
06/11/10 Appealfiled
Florida SupremeCourt – Petition for Writ of Habeas Corpus
FSC# 10-2458
(Pending)
12/28/10 Petitionfiled
Factors Contributing to the Delay in the Imposition ofthe Sentence:
There have been no unreasonable delays in this case at thistime.
Case Information:
On 03/24/99, Butler filed a Direct Appeal in the FloridaSupreme Court. In that appeal, Butler argued that the trial court erredin allowing the prosecution to question three witnesses regarding priordomestic violence allegations against him. The Florida Supreme courtnoted that there was no error in that the evidence was admissible to explaindirect testimony and that its probative value outweighed any potentialprejudicial effect. In addition, Butler claimed that the trial courterred in allowing the testimony of an “unqualified” DNA expert and in denyinghis motion for a new trial based on an alleged Brady violation[1] by the State. Butler also alleged error in the consideration and application of aggravatingand mitigating circumstances. The Florida Supreme Court affirmed theconviction and sentence of death on 05/09/02. On 04/03/03, the courtissued a revised opinion that again affirmed the conviction and sentence ofdeath.
On 07/13/04, Butler filed a 3.851 Motion in the CircuitCourt and amended the Motion on 02/20/05. On 05/13/10, the motion was denied.
On 06/11/10, Butler filed a 3.850 Motion Appeal in theFlorida Supreme Court, which is pending.
On 12/28/10, Butler filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. That petition is pending.
________________________________________________________________________
09/04/03 – ew
09/05/03 – approved – ws
01/11/11 – updated – jjk