The Commission on Capital Cases updates this informationregularly. This information; however, issubject to change and may not reflect the latest status of an inmate’s case andshould not be relied upon for statistical or legal purposes.
ROUTLY, Dan (W/M)
DOB: 06/12/55
Fifth JudicialCircuit, MarionCounty Case # 79-1270
Sentencing Judge: The Honorable Carven Angel
Attorney, Trial: Jim Burke – Assistant Public Defender
Attorney, Direct Appeal: Raymond Goodman – Private
Attorney, Collateral Appeals: Martin McClain – CCRC-S
Date of Offense: 06/17/79
Date of Sentence: 11/24/80
Circumstances of Offense:
In 1978, Dan Routly moved with his girlfriend, ColleenO’Brien, from Michigan to Ocala, Florida. Shortly after arriving in Florida, O’Brien decided to leaveRoutly. Anthony Bockini offered toassist her in returning to Michigan. On two separate occasions, O’Brien moved inwith Bockini, only to return to Routly.
On 06/17/79, Routly went to see O’Brien at the home ofBockini, while he was doing volunteer work at a hospital. When Bockini arrived home, Routly pulled agun on Bockini, told him to lie down on the bed and then tied him up. Routly then went through the house lookingfor money, breaking ceramic banks, and taking several radios. Routly bound Bockini’s hands and feet, gaggedhim with a bandana, and put him in the trunk of his own car.
Routly drove to a remote field, took Bockini out of thetrunk, and shot him three times. He thendragged Bockini’s body under some bushes. Routly then picked up O’Brien, drove to pick up another girlfriend, MaryAvery, and then drove to Tallahassee, where heput Avery on a bus to Miami. Routly and O’Brien then drove to Louisiana. Routly admitted to the murder to his brother,O’Brien, and Avery.
Later in 1979, O’Brien was arrested in Flint, Michigan,and, while in custody, she told police about the Bockini murder and implicatedRoutly in the crime. Routly was laterarrested and waived extradition.
Additional Information:
O’Brien testified againstRoutly at trial, in exchange for full immunity from prosecution.
Routly died of naturalcauses on 08/11/99.
Trial Summary:
12/05/79 Charged by Information on one count ofSecond-Degree Murder
12/18/79 Grand Jury reconvened and indicted onone count of First-Degree Murder
07/18/80 Jury returned a guilty verdict andrecommended a sentence of Life
11/24/80 Judge overrode jury recommendation andimposed a sentence of Death
Appeal Summary:
FloridaSupreme Court – Direct Appeal
FSC# 60,066
440 So.2d 1257
12/29/80 Appeal filed
09/22/83 FSC affirmed conviction and sentence
12/12/83 Rehearing denied
01/17/84 Mandate issued
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 83-6405
468 U.S. 1220
03/19/84 Petition filed
07/05/84 USSC denied Petition
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 69,089
502 So.2d 901
07/28/86 Petition filed
02/12/87 FSC denied Petition
Circuit Court– 3.850 Motion
CC# 79-1270
01/02/87 Motion filed
06/22/87 Motion amended
03/17/89 CC denied Motion
FloridaSupreme Court – 3.850 Motion Appeal
FSC# 73,963
590 So.2d 397
04/04/89 Appeal filed
10/17/91 FSC affirmed denial of 3.850 Motion
01/02/92 Rehearing denied
U.S. District Court, Middle District – Petitionfor Writ of Habeas Corpus
USDC# 91-95
08/27/91 Petition filed
02/26/92 Petition amended
04/12/93 USDC denied Petition
U.S. Court of Appeals, 11th Circuit– Petition for Writ of Habeas Corpus Appeal
USCA# 93-2930
33 F.3d 1279
07/14/93 Appeal filed
09/19/94 USCA affirmed denial of HabeasPetition
12/21/94 Mandate issued
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 94-9328
515 U.S. 1166
05/11/95 Petition filed
06/26/95 USSC denied Petition
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 86,551
675 So.2d 121
10/03/95 Petition filed
02/29/96 FSC denied Petition, without opinion
05/06/96 Rehearing denied
Death Warrant:
04/21/88 Governor Martinez signed a deathwarrant
06/08/88 Circuit Court issued a stay ofexecution
Factors Contributing to the Delay in Imposition ofSentence:
No unreasonable delays inthe case.
Case Information:
Routlyfiled a Direct Appeal with the Florida Supreme Court on 12/29/80, citing thefollowing errors: failing to suppress the tape-recorded confession; extending the speedy trial rule; andfinding the following aggravating factors: during the course of a kidnapping,avoiding or preventing a lawful arrest or effecting an escape from custody,pecuniary gain, and heinous, atrocious, or cruel murder. On 09/22/83, the FSC affirmed the convictionand sentence.
Routly filed aPetition for Writ of Certiorari with the U.S. Supreme Court on 03/19/84 thatwas denied on 07/05/84.
Routly filed aPetition for Writ of Habeas Corpus with the Florida Supreme Court on 07/28/86,alleging ineffective assistance of counsel. On 02/12/87, the FSC denied the Petition.
Routly filed a 3.850Motion with the Circuit Court on 01/02/87 and amended the Motion on06/22/87. On 03/17/89, the Circuit Courtdenied the Motion.
Routly filed a 3.850Motion Appeal with the Florida Supreme Court on 04/04/89, citing the followingerrors: withholding of evidence by the State, allowing the state’s witness tocommit perjury, ineffective assistance of counsel, and refusing to considernonstatutory mitigation. On 10/17/91,the FSC affirmed the denial of the 3.850 Motion.
Routly filed aPetition for Writ of Habeas Corpus with the U.S. District Court, MiddleDistrict, on 08/27/91, alleging ineffective assistance of counsel. On 02/26/92, Routly amended the Petition, andon 04/12/93, the USDC denied the Petition.
Routly filed aPetition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11thCircuit, alleging ineffective assistance of counsel. On 09/19/94, the USCA affirmed the denial ofthe Petition.
Routly filed aPetition for Writ of Certiorari with the U.S. Supreme Court on 05/11/95 thatwas denied on 06/26/95.
Routlyfiled a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/03/95,citing error in failing to allow self-representation and appointing the CapitalCollateral Representative as counsel. On02/29/96, the FSC denied the Petition, without opinion.
Routly died of naturalcauses on 08/11/99.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATIONOF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
04/06/84 60 POSSOF WEAPONS NEW RIVER"O" UNIT
08/29/85 15 FEIGNINGILLNESS OR FLORIDASTATE PRISON
12/04/85 45 POSSOF NARCOTICS FLORIDASTATE PRISON
12/08/85 15 POSSOF NEGOTIABLES FLORIDASTATE PRISON
04/03/86 10 POSSOF NEGOTIABLES FLORIDASTATE PRISON
01/14/88 15 POSSOF NEGOTIABLES FLORIDASTATE PRISON
10/27/90 60 POSSOF NARCOTICS FLORIDASTATE PRISON
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Report Date: 04/18/06 JFL