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 onfor statistical or legal purposes.
PARKER,J.B. (B/M)
AKA: Pig, Pig Parker
DC#789049
DOB: 06/11/62
NineteenthJudicial Circuit, Martin County, Case# 82-352-CFC
(Trialvenue changed to Fifteenth Judicial Circuit)
SentencingJudge: The Honorable Phillip G. Nourse
Attorney,Trial: Robert Makemson – Assistant Public Defender
Attorney,Direct Appeal I: Robert G. Udell – Assistant Public Defender
Attorney,Direct Appeal II: Mark Harllee – Assistant Public Defender
Attorney,Resentencing: David M. Lamos – Assistant Public Defender
Attorney,Collateral Appeals: Baya Harrison – Registry
Date ofOffense: 04/27/82
Date ofSentence: 01/11/83
Date ofResentence: 12/13/00
Circumstancesof the Offense:
Duringan armed robbery, J.B. Parker and three accomplices kidnapped Frances Slater,whom Parker later shot to death.
On04/27/82, Parker, along with John Bush, Alphonso Cave and Terry Wayne Johnson,set out in Bush’s car from Fort Pierce to West Palm Beach. Parker statedthat during the trip, Bush said the group was going to commit a robbery. Later, Bush and Cave entered the Stuart convenience store where the 18-year-oldvictim, Frances Slater, was working. They robbed the store and abductedSlater, placing her in the back seat of the car. They drove to anisolated area. During the 20-minute trip, the victim pleaded for herlife. She was then dragged out of the car by her hair. Bush stabbedSlater, which caused her to sink to her knees. Parker then shot her inthe back of the head execution-style. Medical testimony established thatthe gunshot, not the stabbing, was the cause of death. The four thendrove back to Fort Pierce and divided the money four ways. Parker’s splitwas twenty to thirty dollars.
CodefendantInformation:
JohnBush (Executed in 1996)
Bush wasconvicted of first-degree murder, armed robbery and kidnapping, and in 1982 wassentenced to death for the murder conviction.
AlphonsoCave (DC# 087429)
Cave wasconvicted of first-degree murder, armed robbery and kidnapping (CC#82-9546). He was sentenced to death in 1982, and resentenced to death in1993 and 1997.
TerryWayne Johnson (DC# 090336)
Johnsonwas convicted in 1993 of first-degree murder and kidnapping (CC# 82-352). He is serving lifesentences for each of the convictions.
Additionalinformation:
Thedefendant had a juvenile record of breaking and entering into a school. However, the sentencing judge found that Parker had no history of significantcrimes as an adult.
TrialSummary:
05/28/82 Indictedas follows:
Count I: First-DegreeMurder (Frances Slater)
Count II: Armed Robbery
Count III: Kidnapping
01/07/83 Defendantfound guilty on all counts of the indictment
01/11/83 Juryrecommended death by a vote of 8- 4
01/11/83 Defendantwas sentenced as follows:
Count I: First-DegreeMurder – Death
Count II: Armed Robbery –10 years
Count III: Kidnapping – 10years
10/25/00 Newjury recommended the death penalty by a vote of 11-1
12/13/00 Defendantwas resentenced to death
AppealSummary:
Florida Supreme Court – Direct Appeal (I)
FSC#63,177
476 So.2d 134 (Fla. 1985)
01/28/83 Appeal filed
08/22/85 FSC affirmed convictions and sentence
10/24/85 Motion for rehearing denied
StateCircuit Court – 3.850 Motion (I)
CC#82-352-CFC
12/03/87 Motion filed
04/05/88 Motion denied
Florida SupremeCourt – 3.850 Appeal (I)
FSC# 72,374
542 So. 2d 356 (Fla. 1989)
04/28/88 Appeal filed
03/23/89 FSC affirmed trial court’s denial of 3.850 motion
05/26/89 Rehearing denied
05/26/89 Mandate issued
Florida SupremeCourt – Petition for Writ of Habeas Corpus (I)
FSC# 72,951
550 So. 2d 459 (Fla. 1989)
08/25/88 Petition filed
03/23/89 Petition denied
05/26/89 Motion for rehearing denied
Florida SupremeCourt – Petition for Writ of Habeas Corpus (II)
FSC# 74,749
550 So.2d 459 (Fla. 1989)
09/21/89 Petition filed
10/25/89 Petition denied
State Circuit Court– 3.850 Motion (II)
CC# 82-352-CFC
09/28/89 Motion filed
10/11/89 Trial court denied 3.850 motion
10/16/89 Motion for rehearing denied
Florida SupremeCourt – 3.850 Appeal (II)
FSC# 74,888
550 So.2d 459 (Fla. 1989)
10/23/89 Appeal filed
10/25/89 FSC affirmed trial court’s denial of 3.850 motion
United StatesDistrict Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 89-163
10/25/89 Petition filed
09/03/90 Petition denied
United States Courtof Appeals – 11th District, Habeas Appeal
USCA# 90-3901
974 F.2d 1562 (11thCir. 1992)
10/01/90 Appeal filed
10/06/92 USCA affirmed USDC’s denial
03/17/99 Motion for rehearing denied
03/31/99 Mandate issued
State Circuit Court– 3.850 Motion (III)
CC# 82-352-CFC
06/27/94 Motion filed
11/13/96 Trial court grants new sentencing phase and denied new trial
Florida SupremeCourt – 3.850 Appeal (III)
FSC# 89,469
721 So.2d 1147 (1989)
12/05/96 State filed appeal
09/03/98 FSC affirms trial court’s order granting a new penalty phase and denying a newtrial
12/15/98 Motion for rehearing denied
01/14/99 Mandate issued
Florida Supreme Court – Direct Appeal (II)
FSC# 01-172
873 So.2d 270
01/24/01 Appeal filed
01/22/04 FSC affirmed convictions and sentence
04/28/04 Mandate issued
United StatesSupreme Court – Petition for Writ of Certiorari
USSC# 04-120
125 S.Ct. 868, 160 L.Ed.2d 768
07/22/04 Petition filed
01/10/05 Petition denied
State Circuit Court– 3.850 Motion
CC# 82-352-CFC
01/06/06 Motionfiled
09/07/06 Amendedmotion filed
06/19/08 Motiondenied
Florida Supreme Court – 3.851 appeal filed
FSC# 08-1385
(Pending)
07/23/08 Appealfiled
Warrant:
08/29/89 Deathwarrant signed by Governor Martinez
10/27/89 Scheduledexecution date
10/25/89 UnitedStates District Court, Southern District, grants stay of execution
Clemency:
12/07/89 Hearingheld (denied)
Factors Contributing tothe Delay in the Imposition of the Sentence:
The delays in this casestem from the number of appeals filed and Parker’s resentencing in 2000. Parker’s second direct appeal resulted in a new penalty phase, whichessentially started the appeals process anew. Nearly 18 years passed fromthe filing of Parker’s first direct appeal in 1983 to his resentencing in2000. During that time period, Parker filed three 3.850 motions with thetrial court (and subsequently appealed the rulings to the Florida SupremeCourt), twice petitioned the Florida Supreme Court for a writ of habeas corpus,and filed a habeas petition and a habeas appeal with the United States DistrictCourt and Court of Appeals.
Case information:
Parker filed a Direct Appealto the Florida Supreme Court on 01/28/83. The Court agreed with thedefendant that the trial court erred in admitting testimony regarding hisadmission of guilt, but ruled that this was harmless error. The Courtaffirmed the conviction and sentence 10/24/85.
On12/03/87, Parker filed a 3.850 Motion to the Circuit Court, which was denied on04/05/88.
On04/28/88, Parker filed a 3.850 Appeal to the Florida Supreme Court. TheCourt affirmed the trial court’s denial of the 3.850 motion on 03/23/89. The Court denied Parker’s motion for a rehearing and issued a mandate on05/26/89.
Parkerfiled a Petition for Writ of Habeas Corpus to the Florida Supreme Court on08/25/88, which was denied on 03/23/89. His motion for a rehearing wasdenied on 05/26/89.
Governor Bob Martinezsigned Parker’s death warrant in 08/29/89. The following month, thedefendant filed a second Habeas petition to the Florida Supreme Court and asecond 3.850 Motion to the Circuit Court. He also asked the FloridaSupreme Court for a stay of execution. Then on 10/25/89, two days beforeParker’s scheduled execution date (10/27/89), he filed a Habeas petition in theUnited States District Court, and was granted a stay of execution the same day.
Parker filed a second3.850 Motion to the Circuit Court on 09/28/89. The trial court denied the3.850 Motion on 10/16/89, a decision he appealed to the Florida Supreme Courton 10/23/89. The Court, on the day the execution was stayed, issued aconsolidated opinion affirming the trial court’s ruling and denying the secondHabeas petition, saying each of the 11 issued raised by Parker in both appealswere procedurally barred. The Court also denied the request for a stay ofexecution.
Parker filed a Petitionfor Writ of Habeas Corpus to the United States District Court, SouthernDistrict on 10/25/89. The Court denied Parker’s Habeas petition on09/03/90. He filed an appeal of the decision to the United States Courtof Appeals, 11th Circuit on 10/01/90, arguing that his statements tolaw enforcement officers, which implicated him in the crimes, were inadmissibleduring the trial. The Court agreed, but found the trial court error washarmless and affirmed the lower court’s opinion 10/06/92.
Parker filed a third 3.850Motion to the Circuit Court on 06/27/94. He argued that testimony fromthe resentencing of codefendant Alphonso Cave would have had anexculpatory impact on Parker’s trial and, had he discovered it, would havechanged the outcome of his trial. The trial court agreed and granted himan evidentiary hearing on the issue. After the hearing, on 11/13/96, thetrial judge granted a new penalty phase, but denied him a new trial afterfinding that such evidence would not have resulted in a different verdict inthe guilt phase.
On 12/05/96, the Stateappealed the Circuit Court’s order for a new penalty phase to the FloridaSupreme Court. In a cross-appeal, Parker argued for a new trial. On09/03/98, the Court agreed with the trial judge’s conclusion that, givenevidence erroneously admitted during the trial along with the evidencepresented during Cave’s resentencing, confidence in the jury’s recommendationfor death had been undermined, and affirmed the trial court’s order for a newpenalty phase. The Court rejected Parker’s claim that confidence in theverdict had been undermined as well, and affirmed the trial court’s orderdenying a new trial.
Parker filed a DirectAppeal to the Florida Supreme Court on 01/24/01. His convictions and sentencewere affirmed on 01/22/04.
Parker filed a Petitionfor Writ of Certiorari to the United States Supreme Court on 07/22/04, which iswas denied on 01/10/05.
On 01/06/06, Parker fileda 3.850 Motion to the Circuit Court. The motion was amended on 09/07/06,which was denied on 06/19/08.
On 07/23/08, Parker fileda 3.851 appeal in the Florida Supreme Court. This appeal is currently pending.
InstitutionalAdjustment:
| DATE | DAYS | VIOLATION | LOCATION |
| 07/19/85 | 15 | DISRESP.TO OFFICIALS | FLORIDA STATE PRISON |
| 05/04/87 | 120 | UNARMED ASSAULT | FLORIDA STATE PRISON |
| 08/01/89 | 30 | DISOBEYING ORDER | FLORIDA STATE PRISON |
| 07/18/90 | 10 | POSS OF CONTRABAND | FLORIDA STATE PRISON |
| 07/18/90 | 10 | DISORDERLY CONDUCT | FLORIDA STATE PRISON |
| 05/10/93 | 0 | DISOBEYING ORDER | UNION C. I. |
| 12/30/93 | 0 | DISORDERLY CONDUCT | UNION C. I. |
| 01/25/95 | 0 | UNAUTH USE OF DRUGS | UNION C. I. |
| 02/05/99 | 0 | DISOBEYING ORDER | UNION C. I. |
| 10/11/99 | 0 | DISRESP.TO OFFICIALS | UNION C. I. |
| 09/26/00 | 0 | DEFACING STATE PROP. | UNION C. I. |
Report Date: 04/10/01 TB
Approved: 04/20/01 WS
Updated: 05/14/09 AEH