The Commission on Capital Cases updates this informationregularly.  This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied on forstatistical or legal purposes.

BLACKWELDER, John (W/M)

DC #069574

DOB: 12/10/54

Third Judicial Circuit, Columbia County, Case #00-513

Sentencing Judge: The Honorable E. Vernon Douglas 

Attorney, Criminal Trial: Victor Africano, Esq. – Private,Assigned by the Court 

Attorney, Direct Appeal: W.C. McClain – Assistant PublicDefender

Attorney,Collateral Appeals: George W. Blow, III - Registry

Date of Offense:           05/06/00

Date of Sentence:         08/06/01

Circumstances of Offense:

John Blackwelder pled guilty to the 05/06/00 murder ofRaymond Wigley.  Both men were inmates at Columbia Correctional Institution atthe time of the murder. 

Inmates John Blackwelder and Raymond Wigley consented to asexual encounter together in May of 2000.  Knowing that Wigley would badger himfor sex, Blackwelder devised a plan to murder him.

On 05/06/00, Wigley proceeded to Blackwelder’s cell andasked for sex.  Prior to the proposition, Blackwelder had hidden several piecesof cord around his bunk so he could restrain Wigley when the opportunityarose.  Blackwelder consented to the proposition for sex and tied up Wigleyafter he had disrobed.  Wigley allowed Blackwelder to bind his hands and feetto the bed and to tie a towel around his mouth.  Blackwelder positioned himselfon top of Wigley’s back and strangled him with a piece of the cord that he hadhidden near his bunk.  Prior to his death, Wigley was strangled for nearly tenminutes while pleading for his life.

Blackwelder then alerted prison authorities about themurder.

Prior Incarceration History in the State of Florida:

NOTE:            JohnBlackwelder was incarcerated for the above offenses at the time of the murderof fellow inmate Raymond Wigley.

Trial Summary:

05/11/00          The defendant was indicted on thefollowing:

                                    Count I:            First-DegreeMurder

03/15/00          The defendant pled guilty to First-DegreeMurder.

06/13/01          Uponadvisory sentencing, the jury, by a 12 to 0 majority, voted for the impositionof the death penalty.

08/06/01          Thedefendant was sentenced as follows:

                                    CountI:            First-Degree Murder - Death

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #SC01-2058

851 So.2d 650

09/13/01          Appeal filed.

07/03/03          FSC affirmed the conviction and sentenceof death.

07/30/03          Mandate issued

Factors contributing to the delay in the imposition ofthe sentence

There were no unreasonable delays in this case.

Additional Information

On 07/14/03, Blackwelder filed a motion in the State CircuitCourt to shut down any future appeals, dismiss any defense attorneys assignedto his case and waive his right to an Executive Clemency Hearing.

Warrants

04/28/04          Governor Bush signed a death warrant.

05/25/04          Execution set.

05/20/04          Anticipatory Response to Motion for Stayof Execution filed by the State.

05/25/04          Execution postponed 24 hours by GovernorBush and rescheduled for                           05/26/04.

05/26/04          Executed.

Case Information:

On 09/13/01, Blackwelder filed a Direct Appeal in theFlorida Supreme Court.  In that appeal, he argued that the jury’s advisorysentence was not the “product of adversarial testing because he actively soughtjurors with pro-death penalty views.”  Blackwelder also claimed that the trialcourt erred because it copied portions of the State’s sentencing memorandumnearly verbatim in its sentencing order.  The Florida Supreme Court found theseclaims to be procedurally barred since Blackwelder did not preserve them forappeal.  The court also found the claims to be lacking in merit.  Blackweldernext contended that the “prior violent felony” aggravator should have beenstricken because his prior crimes were not violent “per se.”  TheFlorida Supreme Court noted that Blackwelder was convicted of capital sexualbattery and attempted capital sexual battery, which are unarguably crimes ofviolence.  Finally, Blackwelder argued that Florida’s capital sentencing schemeis unconstitutional in violation of Ring v. Arizona[1]. Specifically, Blackwelder alleged that each proposed aggravating circumstanceshould have been submitted in the indictment, presented to a jury and found byindividual unanimous verdicts.  The Florida Supreme Court denied relief on theclaim.  The Florida Supreme Court also noted that Blackwelder’s conviction wassupported by sufficient evidence and withstood a proportionality review, eventhough Blackwelder did not raise either issue in the appeal.  The FloridaSupreme Court affirmed the conviction and sentence of death on 07/03/03. 

On 04/28/04, Governor Bush signed a death warrant forBlackwelder and set his execution for 05/25/04.  The State filed anAnticipatory Response to a Motion for Stay of Execution on 05/20/04.  GovernorBush postponed Blackwelder’s execution for 24 hours on 05/25/04 to look intothe claim that another inmate confessed to killing Wigley.  The execution wasrescheduled for 05/26/04.

John Blackwelder was executed 05/26/04.

Institutional Adjustment:  JOHN BLACKWELDER   DC #069574

DATE              DAYS              VIOLATION                          LOCATION      

--------            -------              -------------------                   -------------------

01/11/00          60                    SPOKENTHREATS              COLUMBIA C.I.

07/28/03 - ew

09/01/03 – approved – ws

05/27/04 – updated - ew