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.
RODGERS, Theodore (B/M)
DOB: 06/16/40
Ninth Judicial Circuit, Orange County Case # 01-2386
Sentencing Judge: The Honorable Belvin Perry
Attorney, Trial: Rowana Williams – Assistant Public Defender
Attorney, Direct Appeal: James R. Wulchak – Assistant PublicDefender
Attorney, Collateral Appeals: Andrea Norgard –Registry
Date of Offense: 02/14/01
Date of Sentence: 06/16/04
Circumstances of Offense:
On 02/14/01, Theodore Rodgers murdered his wife TeresaHenderson. Prior to the murder, Rodgers suspected that his wife washaving an affair.
On 02/14/01, Rodgers left his plumbing job in the morning togo the daycare facility that was run by his wife, Teresa Henderson. Whenhe entered the facility, Henderson’s daughter yelled out that Rodgers wasthere. At that point, Henderson’s ex-husband, Willie Bee Odom, ran pastRodgers while exiting the facility, wearing just his pants and carrying hisshoes and shirt. Rodgers discovered his wife in the bathroom with only abra on. Suspecting his wife had been unfaithful, he told his wife she wasa disappointment and that he was leaving her. He then left to finish hisplumbing job.
Rodgers called a friend, Verna Fudge, who is also a ministerand was a previous romantic partner, for a place to stay temporarily while heleft his wife. She could not provide him with a place to stay but advisedhim to seek counsel and talk to his wife. Rodgers then called hisplumbing partner to inquire about jobs. During the conversation, hementioned he was having marital problems and was “tired of her doing what she’sdoing,” and, depending on his wife’s version of what happened with herex-husband, he was going to either “take care of the problem” or “killher.”
Rodgers then went to a store to purchase a Valentine’s Daycard and flowers. He took them back to his home. He then received acall from Henderson asking him to return to the day care to resolve theirdispute. Upon arriving at the day care, Rodgers claimed no lights wereon, the television was on, and no children were present. He also claimedthat he began to question his wife. She then got up from the couch whereshe had been sitting and pointed a gun and at him and fired. The shotmissed and a struggle ensued over the gun. During the struggle, the gunfired a few times, hitting her.
Three children, who were present at the day care on02/14/01, testified that Rodgers angrily entered the day care and began arguingwith Henderson. He kicked and slapped Henderson and then retrieved a gunout of a back bedroom. The children said Rodgers shot Henderson a fewtimes as she tried to escape through the front door.
After driving around for a while, Rodgers went to a poolhall where he saw a couple friends. He told his friends he was going tohell. He did not act like his usual self and called his work partner totell him goodbye and that he had killed his wife and was now going to killhimself. He then took a gun and shot himself in the head, but survivedthe suicide attempt.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 02/04/78 | MANSLAUGHTER | 06/08/79 | ORANGE | | 5Y 0M 0D |
| 02/04/78 | HOMICIDE,MANSL.CUL.NEGL | 06/08/79 | ORANGE | | 10Y 0M 0D |
| | | | | | |
Trial Summary:
03/27/01 Indicted as follows:
Count I: First-Degree Murder
10/17/03 Jury returned a guilty verdict on the sole count of the indictment.
10/22/03 Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the deathpenalty.
06/16/04 Sentenced as follows:
CountI: First-DegreeMurder –Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 04-1425
948 So. 2d 655
07/19/04 Appeal filed
10/26/06 FSC affirmed conviction and sentence
01/24/07 Rehearing denied
02/09/07 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-10961
128 S.Ct. 59
04/24/07 Petition filed
10/01/07 Petition denied
Circuit Court – 3.851 Motion
CC# 01CF-2386
(Pending)
09/18/08 Motion filed
06/16/09 Amended motion filed
09/04/09 Second amended motion filed
08/24/10 Third amended motion filed
Case Information:
On 07/19/04, Rodgers filed a Direct Appeal to the FloridaSupreme Court, alleging several court errors: improperly excusing a juror whostated that they could follow the law and return a death sentence, if calledfor by the aggravating and mitigating circumstances; improperly basing asentence on hearsay evidence, thus depriving the defendant of his right toconfrontation; ruling that unscientific I.Q. test results are admissible;ignoring a claim of mental retardation; erring in handing down a death sentencedespite mental retardation; expressing judicial views on sentencing of domesticabusers and killers; and following a death penalty procedure that violates theSixth and Fourteenth Amendments under Ring v. Arizona. On 10/26/06, theFSC affirmed the conviction and sentence.
On 04/24/07, Rodgers filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 10/01/07.
On 09/18/08, Rodgers filed a 3.851 Motion in the CircuitCourt. Rodgers has filed amended motions on 06/16/09, 09/04/09, and08/24/10. This motion is currently pending.
________________________________________________________________________
Report Date: 03/08/07 JFL
Updated: 09/15/10 EMJ