The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
RUTHERFORD, Arthur (W/M)
First Judicial Circuit, Santa Rosa County, Case #85-0476
Sentencing Judge (Trial and Retrial): The Honorable Clyde B. Wells
Attorney, Trial: Nicholas J. Capuno – Private
Attorneys, Retrial: John Jay Gontarek and William Treacy – AssistantPublic Defenders
Attorney, Direct Appeal: William C. McLain – AssistantPublic Defender
Attorney, Collateral Appeals: Linda McDermott – Registry
Date of Offense: 08/22/85
Date of Sentence: 12/09/86
Circumstances of Offense:
Arthur Rutherford was convicted and sentenced to death forthe murder and armed robbery of Stella Salamon, for whom Rutherford had worked.
On 08/22/85, Arthur Rutherford physically attacked63-year-old Stella Salamon and then submerged her head under water in thebathtub. Salamon’s body had a broken arm, bruises on her face and arms, andthree severe head wounds caused by either blunt force trauma or a sharp object,which created a puncture wound. Drowning or asphyxiation was determined as thecause of Salamon’s death.
Two female witnesses, Elizabeth Ward and Mary Heaton,testified that Arthur Rutherford asked for their assistance in cashing a $2,000check from Stella Salamon’s bank account. Rutherford forged Salamon’ssignature on the check. He took Heaton to a bank where she cashed the check. A third witness, Harold Attaway, who had helped Rutherford when he worked forSalamon, testified that Rutherford had told him how easy it would be to killSalamon by drowning her in the bathtub and then forge a check from heraccount. At the time, Attaway thought Rutherford was joking.
The police found Rutherford’s fingerprints and palm printsin the bathroom where Salamon was killed.
Trial Summary:
08/23/85 Rutherford was arrested.
09/11/85 Rutherford was indicted on the following:
CountI: First-Degree Murder
CountII: Robbery with a Firearm
01/31/86 Rutherford was found guilty on all counts charged in the indictment.
02/01/86 Upon advisory sentencing, thejury, by an 8 to 4 majority, voted for the death penalty.
04/02/86 The judge granted a mistrial dueto discovery violations by the State, which violated Rutherford’s Right to DueProcess.
10/02/86 On retrial, Rutherford was foundguilty on all counts charged in the indictment.
10/02/86 Upon advisory sentencing, thejury, by a majority vote of 7 to 5, voted for the death penalty.
12/09/86 Rutherford was sentenced as follows:
CountI: First-Degree Murder – Death
CountII: Robbery with a Firearm – 30years
07/11/88 Onremand from the FSC, Rutherford was sentenced as follows on the count of
ArmedRobbery:
CountII: Robbery with a Firearm – 30years
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #69,825
545 So. 2d 853
12/23/86 Appealfiled.
06/15/89 FSCaffirmed the conviction and sentence.
07/26/89 Rehearingdenied.
09/06/89 Mandateissued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #89-5510
493 U.S. 945
09/05/89 Petitionfiled.
10/30/89 USSCdenied the petition.
Circuit Court – 3.850 Motion
CC #85-0476
08/01/91 Motionfiled.
08/05/96 Motiondenied.
09/03/96 Rehearingdenied.
Florida Supreme Court – 3.850 Appeal
FSC #89,142
727 So. 2d 216
10/17/96 Appealfiled.
12/17/98 FSCaffirmed the 3.850 Denial.
03/02/99 Rehearingdenied.
04/01/99 Mandateissued.
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC #99-150
774 So. 2d 637
12/21/99 Petitionfiled.
10/12/00 Petitiondenied.
12/21/00 Rehearingdenied.
United States District Court, Northern District –Petition for Writ of Habeas Corpus
USDC #3:00-CV- 75/LAC
03/02/00 Petitionfiled.
09/01/00 Petitiondismissed.
United States District Court, Northern District –Petition for Writ of Habeas Corpus
USDC #3:01-CV-115/LAC
04/02/01 Petitionfiled.
08/29/02 Petitiondenied.
Circuit Court – 3.850 Motion
CC #85-0476
09/16/02 Motionfiled.
12/06/02 Motiondenied.
12/20/02 Rehearingdenied.
Florida Supreme Court – 3.850 Appeal
FSC #03-243
880 So.2d 1212
02/10/03 Appealfiled.
05/25/04 FSC affirmed the 3.850 Denial.
07/23/04 Rehearingdenied.
United States Court of Appeals, 11thCircuit – Petition for Writ of Habeas Corpus Appeal
USCA #03-13188
06/18/03 Appealfiled.
09/27/04 USCA affirmed the denial of Rutherford’s Petition for Writ of Habeas Corpus.
United States Supreme Court – Petition for Writof Certiorari
USSC# 04-7794
12/20/04 Petitionfiled.
02/22/05 Petitiondenied.
United States Supreme Court – Petition for Writof Certiorari
USSC #04-8618
02/07/05 Petitionfiled.
04/18/05 Petitiondenied.
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# SC05-376
03/04/05 Petitionfiled.
07/18/05 Petitiondenied.
State Circuit Court – 3.851 Motion
CC #85-0476
10/03/05 Motionfiled.
11/08/05 Motion stricken.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 05-2139
11/28/05 Petitionfiled.
01/05/06 Petitiondenied.
State Circuit Court – 3.851 Motion
CC #85-0476
12/22/05 Motionfiled.
12/27/05 Motionamended.
01/05/06 Motiondenied.
Florida Supreme Court – 3.851 Motion Appeal
FSC #06-18
01/10/06 Appealfiled.
01/27/06 FSCaffirmed the denial of Rutherford’s 3.851 Motion.
01/27/06 Mandateissued.
U.S. Supreme Court – Petition for Writ ofCertiorari & Stay of Execution
USSC# 05-8795
01/23/06 Petitionfiled.
01/31/06 Petitiondenied.
U.S. District Court (Northern District) –Complaint for Declaratory & Injunctive Relief
USDC# 06-50
01/27/06 Complaintfiled.
01/28/06 USDCdismissed complaint.
U.S. Court of Appeals (11th Circuit) –Complaint for Declaratory & Injunctive Relief
USCA# 06-10783
01/28/06 Appealfiled.
01/30/06 USCAaffirmed dismissal of complaint.
U.S. Court of Appeals (11th Circuit)– Application for Successive Habeas & Stay of Execution
USCA# 06-10783
01/28/06 Applicationand stay filed.
01/30/06 USCAdenied application and stay.
U.S. Supreme Court – Petition for Writ ofCertiorari & Stay of Execution
USSC# 05-8887
01/30/06 Petitionfiled.
01/31/06 Petitiondenied.
U.S. Supreme Court – Petition for Writ ofCertiorari & Stay of Execution
USSC# 05-8895
01/31/06 Petitionfiled.
06/19/06 Petitiongranted and remanded to USCA.
State Circuit Court – 3.851 Motion
CC# 85-0476
09/27/06 Motionfiled.
10/06/06 CCdenied motion.
U.S. Court of Appeals (11th Circuit)– Application for Successive Habeas & Stay of Execution (on remand fromUSSC)
USCA# 06-10783
10/05/06 USCAaffirmed denial of application
Florida Supreme Court – 3.851 Motion Appeal
FSC# 06-1931
10/06/06 Appealfiled.
10/12/06 FSCaffirmed denial.
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 06-1946
10/09/06 Petitionfiled.
10/12/06 FSCdenied petition.
U.S. Supreme Court – Petition for Writ ofCertiorari & Stay of Execution
USSC# 06-7028
10/11/06 Petitionand stay filed.
10/18/06 Petitionand stay denied.
U.S. Supreme Court – Petition for Writ ofCertiorari & Stay of Execution
USSC# 06-7133
10/16/06 Petitionand stay filed.
10/18/06 Petitionand stay denied.
Warrants:
11/29/05 Deathwarrant signed by Governor Bush. Execution scheduled for
01/31/06.
01/31/06 Stay ofexecution issued.
07/21/06 Staylifted.
09/22/06 Executionscheduled for 10/18/06.
10/18/06 Executed.
Factors Contributing to the Delay in Execution ofSentence:
On Direct Appeal, thecase was remanded to the circuit court for resentencing on the count of ArmedRobbery. The 3.850 Motion was pending for more than five years prior to beingdenied.
Case Information:
Rutherford filed his Direct Appeal in the Florida SupremeCourt on 12/23/86. The issues addressed included that the retrial, whichoccurred after the first trial ended in a mistrial, placed him in a state ofdouble jeopardy and that the trial court mishandled consideration of the aggravatingand mitigating factors. On 04/13/88, the Florida Supreme Court temporarilyrelinquished the case to the circuit court for resentencing in accordance withthe sentencing guidelines or an explanation of the deviation from theguidelines for the second count of Armed Robbery. On 07/11/88, the circuitcourt determined that the First-Degree Murder charge was not a component of theArmed Robbery charge. The circuit court determined that the victim was killedduring the course of the armed robbery. This circumstance allowed fordeviation from the sentencing guidelines, which held that 3.5 to 4.5 years wasthe appropriate sentence length for the Armed Robbery charge. Thus, thecircuit court judge sentenced Rutherford to 30 years for the count of ArmedRobbery. The Florida Supreme Court did not find errors that warrantedreversing the conviction or sentence and affirmed the conviction and sentenceon 06/15/89. Rehearing was denied on 07/26/89. A mandate was issued on09/06/89.
On 09/05/89, Rutherford filed a Petition for Writ of Certiorari in the United States Supreme Court. Thepetition was denied on 10/30/89.
Rutherford filed a 3.850 Motion in the circuit court on08/01/91. The circuit court denied the 3.850 Motion on 08/05/96. Rehearingwas denied on 10/25/94.
On 10/17/96, Rutherford filed a 3.850 Appeal in the Florida Supreme Court. The motion was affirmed on12/17/98. Rehearing was denied on 03/02/99. A mandate was issued on 04/01/99.
Rutherford filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 12/21/99. The petition was denied on 10/12/00. Rehearing was denied on 12/21/00.
Rutherford filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Northern District on 03/02/00. The petition wasdismissed on 09/01/00.
On 04/02/01, Rutherford filed a Petition for Writ of Habeas Corpus in the United States District Court,Northern District. The petition was dismissed on 08/29/02.
On 09/16/02, Rutherford filed a 3.850 Motion in the circuit court. The circuit court denied the 3.850Motion on 12/06/02 as successive. Rehearing was denied on 12/20/02.
Rutherford filed a 3.850 Appeal in the Florida Supreme Courton 02/10/03. Rutherford argued that his death sentence violates his Fifth,Sixth, Eight and Fourteenth Amendment rights under Ring v. Arizona. TheFlorida Supreme Court affirmed the 3.850 Denial on 05/25/04.
On 06/18/03, Rutherfordfiled a Petition for Writ of Habeas Corpus to the United States Court ofAppeals, 11th Circuit. On 09/27/04, the petition was denied.
On 12/20/04, Rutherford filed a Petition for Writ of Certiorari in the United States Supreme Court. Thepetition was denied on 02/22/05.
Rutherford filed another Petition for Writ of Certiorari inthe United State Supreme Court on 02/07/05. The petition was denied on 04/18/05.
Rutherford filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 03/04/05. In his petition Rutherford argued that hisright of confrontation was violated when hearsay testimony was admitted intocourt about the victim’s fear of Rutherford and was not subject tocross-examination. The Florida Supreme Court denied Rutherford’s petition on7/18/05.
On 10/03/05, Rutherfordfiled a 3.851 Motion pro se. The State Circuit Court ordered that, sinceRutherford was represented by counsel, pleadings should only be filed throughcounsel. Therefore, Rutherford’s Motion was a nullity and stricken from therecord on 11/08/05.
On 11/28/05, Rutherfordfiled a Petition for Writ of Habeas Corpus in the Florida Supreme Court. TheFlorida Supreme Court denied the petition on 01/05/06.
Governor Bush signed adeath warrant on 11/28/05 scheduling Rutherford’s execution for 6 p.m. on 01/31/05.
On 12/22/05, Rutherford filed a 3.851 Motion in the State Circuit Court that was amended on 12/27/05. On01/05/06, the motion was denied.
On 01/10/06, Rutherfordfiled a 3.851 Motion Appeal in the Florida Supreme Court. The Florida SupremeCourt affirmed the denial of Rutherford’s 3.851 Motion on 01/27/06.
On 01/23/06, Rutherford filed a Petition for Writ of Certiorari and a Stay of Execution in the U.S.Supreme Court. The petition was denied on 01/31/06.
Rutherford filed a Complaint for Declaratory and InjunctiveRelief in the U.S. District Court on 01/27/06. The Complaint was dismissed on01/28/06.
On 01/28/06, Rutherford filed a Complaint for Declaratory and Injunctive Relief Appeal in the U.S. Courtof Appeals. On 01/30/06, the USCA affirmed the denial of the complaint.
On 01/28/06, Rutherford filed an Application for Successive Habeas and a Stay of Execution in the U.S.Court of Appeals. On 01/30/06, the USCA denied the application and the stay.
On 01/30/06, Rutherfordfiled a Petition for Writ of Certiorari and Stay of Execution in the U.S.Supreme Court, which was denied on 01/31/06.
Rutherford filed anotherPetition for Writ of Certiorari and Stay of Execution in the U.S. Supreme Courton 01/31/06. On 06/19/06, the USSC granted the petition and remanded the caseto the USCA.
Rutherford filed a 3.851Motion in the State Circuit Court on 09/27/06. Rutherford made claims that theFlorida death penalty process is arbitrary and capricious and thusunconstitutional. He also requested the opportunity to fully present evidenceof his innocence. Additionally, he argued that a recent ABA report found errorin the death penalty process in Florida. On 10/06/06, the Circuit Court deniedthe motion.
On 10/05/06, the USCA (onremand from the USSC) affirmed the denial of the Application for SuccessiveHabeas Petition.
Rutherford filed a 3.851Motion Appeal in the Florida Supreme Court on 10/06/06, raising allegationsthat the ABA report is new evidence and evidence of a new witness. On10/12/06, the FSC affirmed the denial of the motion.
Rutherford filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 10/09/06 that was denied on 10/12/06.
Rutherford filed a Petition for Writ of Certiorari and Stay ofExecution in the U.S. Supreme Court on 10/11/06 that was denied on 10/18/06.
Rutherford filed a Petition for Writ of Certiorari and Stay ofExecution in the U.S. Supreme Court on 10/16/06 that was denied on 10/18/06.
Rutherford’s execution is scheduled for 10/18/06.
Rutherford was executed on 10/18/06.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
09/13/89 15 OBSCENEPROFANE ACT FSP
01/18/95 0 DISRESP.TOOFFICIALS UNION C. I.
08/28/02 180 POSS OF WEAPONS UNIONC. I.
Report Date: 07/12/02 S.Q.
Approved: 08/15/02 W.S.
Updated: 10/19/06 JFL