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.
LOTT, Ken Eldon (W/M)
DC# 026985
DOB: 02/14/53
Ninth Judicial Circuit, Orange County Case# 94-4667
Sentencing Judge: The Honorable Dorothy J. Russell
Attorney, Trial: Douglas T. Huie – Assistant PublicDefender
Attorney, Direct Appeal: George D.E. Burden –Assistant Public Defender
Attorney, Collateral Appeals: Christopher J. Anderson –Registry
Date of Offense: 03/27/94
Date of Sentence: 06/23/95
Circumstances of Offense:
Ken Eldon Lott was convicted of first-degree murder andsentenced to death on 06/23/95.
Rose Connors was found unclothed and murdered in the masterbedroom of her estate on the morning of 03/28/94. Connors was severelybeaten and suffered from other serious wounds such as a stab wound in the back,a fractured larynx, and a slashed throat. According to medical examiners,the actual cause of death was the injury to Connors’ neck, which severed thejugular vein. There was no real evidence of sexual battery, except a fewbruises on Connors’ thigh area, suggesting that her legs were being forcedapart.
Prior to the murder, Lott provided lawn services for Connorsat her home. On the day of the murder (which occurred some time between03/26/94-03/27/94), Lott and Raymond Fuller intended to rob Connors when theyran out of money and were not able to buy drugs. Together, they devised aplan to rob Connors whereby Fuller was the designated robber and Lott was thedesignated driver. During the robbery, Lott and Fuller were under theinfluence of “crystal meth” and cocaine. The robbery did not go asplanned once Connors escaped from Fuller and scurried out of her house. She was instantly caught and dragged back into her home by Lott, who was hidingin some bushes outside her home. According to Lott, he beat Connorsbecause she was retaliating like a “maniac” and had to kill her because shecould identify him and would be sent to prison as a result. After murderingConnors, Lott and Fuller left her home with a diamond tennis bracelet. Later in the evening, Lott returned to the scene of the crime to cleanup.
Lott was discovered a few months after the incident when hisfriend, Robert Whitman, contacted the Orange County Sheriff’s Department. According to Whitman, he met with Lott some time after the incident when Lottapproached him and offered to sell him a gold ring and a diamond tennisbracelet. During the meeting, Lott admitted to Connors’ murder withFuller as his accomplice. Lott was arrested in May of 1994, when Whitmanand the Sheriff’s Department devised a plan, in which Whitman and Lott wouldmeet regarding the stolen jewelry.
Prior to trial, Lott testified that Whitman lied in hisstory about murdering Connors. Lott further discussed that Whitman wassetting him up and sought revenge because, in the past, Whitman had gotten intotrouble with the law because of Lott. Although Lott admitted to usingConnors’ ATM card and the PIN number, Lott claimed that it was given to him byWhitman and had no knowledge that it was stolen, especially from Connors. According to the testimonies of the coworkers of Lott’s wife, Lott’s wife wasseen wearing a diamond tennis bracelet at work one day, subsequent to Connors’death.
Codefendant Information:
Raymond Fuller (DC# 625386)
Fuller was not mentioned in the course of Lott’s indictmentand there is no evidence of whether he was caught or tried for the sameoffense.
Prior Incarceration History in the State of Florida:
| Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 03/16/1984 | GRAND THEFT MOTOR VEHICLE | 06/25/1985 | POLK | 8401028 | 5Y 0M 0D | | |
| 12/02/1984 | ROBB. GUN/DEADLY WPN | 06/25/1985 | POLK | 8404198 | 20Y 0M 0D | | |
| 12/02/1984 | ROBB. GUN/DEADLY WPN | 06/25/1985 | POLK | 8404199 | 20Y 0M 0D | | |
| Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length | | |
| 03/16/1984 | GRAND THEFT MOTOR VEHICLE | 10/25/1984 | POLK | 8401028 | 2Y 0M 0D | | |
| 03/16/1984 | GRAND THEFT,$300 LESS &20,000 | 06/25/1985 | POLK | 8401028 | 5Y 0M 0D | | |
| 03/16/1984 | GRAND THEFT,$300 LESS &20,000 | 06/25/1985 | POLK | 8401028 | 5Y 0M 0D | | |
Trial Summary:
05/20/94 Lott was indicted as follows:
Count I: First-DegreeMurder
04/28/95 Jury returned guilty verdicts on all counts of the indictment
04/28/95 Jury recommended death by a vote of 12-0
06/23/95 Lott was sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 86,108
695 So 2d 1239
07/20/95 Appeal filed
05/22/97 FSC affirmed convictions and death sentence
06/03/97 Rehearing filed
06/20/97 Rehearing denied
07/21/97 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 97-6099
522 U.S. 986
09/18/97 Petition filed
11/17/97 Petition denied
State Circuit Court – 3.850 Motion
CC# 94-4667
09/21/98 Motion filed
10/31/01 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 02-112
839 So. 2d 698
01/16/02 Appeal filed
02/19/03 Appeal reversed and remanded
State Circuit Court – 3.853 Motion (DNA)
CC# 94-4667
05/23/03 Motion filed
12/04/03 Motion denied
State Circuit Court – 3.850 Motion (on remand)
CC# 94-4667
07/28/04 Evidentiary hearing held
08/04/04 Motion denied
Florida Supreme Court – 3.850 Appeal (combined with3.853 Appeal (DNA)
FSC# 04-1814
931 So.2d 807 (2006)
09/13/04 Appeal filed
04/13/06 FSC affirmed the trial court’s denial of Lott’s 3.850 Motion and 3.853 Motion(DNA)
06/02/06 Rehearing denied
06/19/06 Mandate issued
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 06-778
06/08/06 Petition filed
07/20/09 Petition denied
09/03/09 Application for Certificate ofAppealability filed
10/07/09 Application denied
United States Court of Appeals, 11th Circuit – HabeasCorpus Appeal
USCA# 09-14196
594 F.3d 1296
08/10/09 Appeal filed
01/25/10 Certificate of Appealability denied
Factors Contributing to the Delay in Imposition of theSentence:
Lott’s initial 3.850 Motion was under consideration forthree years before it was disposed. Furthermore, the appeal requirednearly an additional year as the Florida Supreme Court reversed the denial andremanded case for the purpose of conducting an evidentiary hearing on allissues raised on Direct Appeal.
Case Information:
During his Direct Appeal on 07/20/95, Lott’s sentence andconviction were affirmed by the Florida Supreme Court. The Court denied arehearing on 06/20/97 and issued a mandate on 07/21/97.
On 09/18/97, Lott filed a Petition for Writ of Certiorari tothe United States Supreme Court, which was denied on 11/17/97.
Lott filed a 3.850 Motion to the Circuit Court on 09/21/98,which was denied on 10/31/01.
On 01/16/02, Lott filed a 3.850 Appeal, which was reversedand remanded on 02/19/03 by the Florida Supreme Court. The Court reversedthe order and remanded the case for the purpose of conducting an evidentiary hearingon all issues raised on appeal.
On 05/23/03, Lott filed a 3.853 Motion (DNA) to the CircuitCourt. Lott requested a DNA testing of (1) hairs found on the victim’sshower drain and bed pillow; (2) the victim’s fingernails; (3) the pliers foundat the scene; and (4) the sheets, pillows, panties, vaginal and anal swabs ofthe victim, and fecal matter, primarily in search for sperm. The CircuitCourt denied the Motion on 12/04/03.
Lott filed a 3.850 Motion to the Circuit Court. Evidentiary hearing was held on 07/28/04. The motion was denied on08/04/04.
On 09/13/04, Lott filed a 3.850 Appeal to the FloridaSupreme Court, which was combined with the Lott’s 3.853 Appeal (DNA). On04/13/06, the Court affirmed the trial court’s denial of Lott’s 3.850 Motion,and the Court affirmed the trial court’s ruling that Lott cannot obtain DNAtesting based on the speculative allegations in his 3.853 Motion. On06/02/06, the rehearing was denied. The mandate was issued on 06/19/06.
On 06/08/06, Lott filed a Petition for Writ of Habeas Corpusto the United States District Court, Middle District. This petition wasdenied on 07/20/09. An application for a Certificate of Appealability was filedon 09/03/09, and it was denied on 10/07/09.
Lott filed a Habeas Corpus Appeal in the United States Courtof Appeals on 08/10/09. Lott’s Certificate of Appealability was denied on01/25/10.
Institutional Adjustment:
| DATE | DAYS | VIOLATION | LOCATION |
| 09/05/00 | 90 | UNAUTH PHY. CONTACT | UNION C. I. |
| 05/23/01 | 60 | DISOBEYING ORDER | UNION C. I. |
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Report Date: 11/10/04 NRC
Approved: 11/10/04 JFL
Updated: 12/07/10 EMJ