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.
FORD, James (W/M)
DC# 763722
DOB: 07/23/60
Twentieth Judicial Circuit, Charlotte County Case # 97-351
Sentencing Judge: The Honorable Cynthia Ellis
Attorney, Trial: Paul Sullivan – Private
Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender
Attorney, Collateral Appeals: TBA
Date of Offense: 04/06/97
Date of Sentence: 06/03/99
Circumstances of Offense:
James Ford and Greg Malnory wereco-workers at the South Florida Sod Farm in rural Charlotte County. Fordmade plans to go fishing on the sod farm with Greg and his wife Kim on04/06/97.
On 04/07/97, the bodies of Greg and Kim Malnorywere found in a field near a pond at the sod farm. The 22-month-olddaughter of the Malnorys was found alive, but exposedto the elements, in the Malnory’s truck. Themedical examiner testified that Greg Malnory had beenshot in the back of the head with a bullet from a .22 caliber rifle, bludgeonedat least seven times with an axe, and then had his throat slit. Kim Malnory was raped, and then bludgeoned with an axe ninetimes in the head by Ford, who then put the barrel of the .22 caliber rifle in hermouth and pulled the trigger.
Ford was linked to the crimes by being seen on the same dayof the murder with blood on his face, hands, and clothes. Also, asignificant amount of DNA evidence, mostly from the sexual offenses, was foundat the crime scene and matched Ford’s DNA. Additionally, the .22 caliberrifle used in the murders belonged to Ford.
Trial Summary:
04/30/97 Indicted as follows:
Count I First-Degree Murder
Count II First-DegreeMurder
Count III Armed Sexual Battery
Count IV Child Abuse
03/08/99 Jury returned guilty verdicts on all counts of the indictment
04/23/99 Jury recommended a death sentence for each count by votes of 11-1
06/03/99 Sentenced as follows:
Count I First-Degree Murder – Death
Count II First-DegreeMurder – Death
Count III Armed Sexual Battery– 19 years, 9 months, 15 days
Count IV Child Abuse – 5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# SC95972
802 So. 2d 1121
07/01/99 Appeal filed
09/13/01 FSC affirmed convictions and sentences
12/13/01 Rehearing denied and Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 01-9298
535 U.S. 1103
03/13/02 Petition filed
05/28/02 USSC denied Petition
Circuit Court – 3.851 Motion
CC# 97-351
05/28/03 Motion filed
05/12/04 Evidentiary Hearing held
07/12/04 CC denied Motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 04-1611
955 So. 2d 550
08/16/04 Appeal filed
04/12/07 FSC affirmed denial of the motion
05/07/07 Mandate issued
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 07-333
06/11/07 Petition filed
09/17/09 Petition dismissed
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 09-14820
09/22/09 Appeal filed
10/30/09 COA denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 09-7493
11/04/09 Petitionfiled
06/21/10 Petitiongranted; judgment vacated and case remanded to USCA
Case Information:
On 07/01/99, Ford filed a Direct Appeal with the FloridaSupreme Court, citing the following errors: improper prosecution commentsduring the closing arguments of the guilt and penalty phases of trial; thecorrectness of charging Ford with Child Abuse; insufficient evidence to supportthe finding of the cold, calculated, and premeditated murder aggravatingcircumstance; and failure to consider all mitigating evidence. The FSCaffirmed the convictions and sentences on 09/13/01.
On 03/13/02, Ford filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 05/28/02.
On 05/28/03, Ford filed a 3.851 Motion with the CircuitCourt. On 05/12/04, an Evidentiary Hearing was held and, on 07/12/04, theCircuit Court denied the motion.
On 08/16/04, Ford filed a 3.851 Motion Appeal with theFlorida Supreme Court and, on 04/12/07, the FSCaffirmed the denial of the motion.
On 06/11/07, Ford filed a Petition for Writ of Habeas Corpuswith the United States District Court, which was dismissed on 09/17/09. On09/22/09, Ford filed a Petition for Writ of Habeas Corpus Appeal with the U.S.Court of Appeals, Eleventh Circuit. On 10/30/09, the U.S. Court of Appeals,Eleventh Circuit, denied the Certificate of Appealability.
On 11/04/09, Ford filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was granted on 06/21/10. The judgment wasvacated and case remanded for further consideration in light of Holland v.Florida.
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Report Date: 07/26/02 JFL
Approved: 08/06/02 WS
Updated: 01/25/11 JJK