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.

JENNINGS, Brandy (W/M)

DC #   721097

DOB: 06/30/69

Twentieth Judicial Circuit, Collier County Case # 95-2284

Sentencing Judge: The Honorable William L. Blackwell

Trial Attorney: Thomas B. Osteen – Assistant Public Defender

Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender

Attorney, Collateral Appeals: Kenneth Malnik & PaulKalil – CCRC-S

Date of Offense:        11/15/95

Date of Sentence:       12/02/96

Circumstances of the Offense:

The following is an account of the circumstances that led tothe conviction and sentence of Brandy Jennings and codefendant, Jason Graves.

Vicki Smith, Jason Wiggins, and Dorothy Siddle wereemployees at the Cracker Barrel Restaurant in Naples, Florida when they werekilled on the morning of November 15, 1995, during the commission of arobbery.  Police found the victims on the floor of the freezer and all threevictims had their throats slit.  Siddle was found with her hands boundwith electrical tape behind her back.  Both Wiggins and Smith still hadelectrical tape hanging from their left wrists, however; it appeared to havecome free from their right hands. 

Bloody shoe prints led from the freezer, through thekitchen, and ended up in the office.  The office safe was found open andwas surrounded by cash and plastic containers.  Behind the restaurantthere were scattered bills, a knife, a knife case, a pair of bloodstainedgloves, an air pistol, and shoe prints leading away from the restaurant. 

Brandy Jennings and Jason Graves knew the victims throughtheir previous employment at Cracker Barrel.  Three weeks after themurders, Jennings and Graves were apprehended and jailed in Las Vegas, Nevadafor the robbery and murders.  Jennings initially blamed Graves for themurders, but admitted his participation in the planning and in the perpetrationof the robbery itself.  Jennings admitted wearing gloves during thecommission of the robbery.  Jennings acknowledged that he used his Buckknife to cut the electrical tape after binding the victims’ hands, but claimedthat he must have put the knife down after using it because he does not recallseeing it after that point.  Jennings stated that he saw the dead victimson the floor of the freezer and that he slipped in the blood, but he does notrecall falling, getting his clothing and hands bloody, or subsequently washingthe blood off of his hands in the kitchen sink.  Jennings told the policethat it was Graves’ air pistol and Jennings then directed the police to thecanal when evidence of the crime had been discarded.  Items eventuallyrecovered from the canal included: gloves, clothes, shoes, socks, packaging froma pellet air gun, a money bag marked “Cracker Barrel”, money bands, a cleargarbage bag, and rocks which were weighing down the bundle of evidence. An expert testified that the bloody footprints in and around the Cracker Barrelmatched the prints on the shoes that belonged to Jennings, which were pulledout of the canal.  

After being confronted by police with inconsistencies in hisstory, Jennings stated in a taped interview that, “I think I could have beenthe killer. In my mind I think I could have killed them, but in my heart Idon’t think I could have.”

Jennings made comments to several people about his dislikeof victim, Siddle.  Jennings also previously made comments about robberyand witness elimination.  Jennings had stated that robbery was an easy wayto get money and the best way to get away with it was not to leave witnesses.

Codefendant Information:

Jennings accomplice, Charles J. Graves, was convicted ofthree counts of First-Degree Murder and one count of Robbery With a DeadlyWeapon.  Graves is serving three life sentences for the convictions ofFirst-Degree Murder and 15 years for the conviction of Robbery.

Trial Summary:

02/20/95         Defendant indicted with the following:

Count I:          First-DegreeMurder 

Count II:        First-Degree Murder 

                       Count III:       First-Degree Murder 

CountIV:        Robbery With a DeadlyWeapon 

10/31/96         Defendant was found guilty on all counts  

11/01/96         The jury recommended Death by a vote of 10 to 2 for Counts I, II, and III

12/02/96         Defendant was sentenced as follows:

                      Count I:           First-DegreeMurder – Death

Count II:        First-Degree Murder – Death

Count III:       First-Degree Murder – Death

Count IV:       Robbery With a Deadly Weapon – 15 years

Appeal Summary:

Florida State Supreme Court - Direct Appeal

FSC #89,550

718 So. 2d 144

12/17/96         Appeal filed.

09/10/98          FSCaffirmed the convictions and the sentences of Death.

01/25/99         Rehearing denied.

02/24/99         Mandate issued.

United States Supreme Court - Petition for Writ ofCertiorari

USSC #98-9152

527 U.S. 1042

04/26/99         Petition filed.

06/24/99         Petition denied.

State Circuit Court - 3.850 Motion

CC #95-2284

03/20/00         Motion filed.

06/23/00         Motion amended.

08/04/09         Motion amended.

01/31/11          Motion denied.

Factors Contributing to the Delay in Imposition of Sentence:

The Direct Appeal was pending for three years prior to adecision being rendered.

3.850 Motion is still pending after almost nine years.

Case Information:

A Direct Appeal was filed on 12/17/96. Issues that wereraised included whether the trial court erred in failing to grant Jennings’motion to suppress the statements made to Florida law enforcement officerswhile in custody in Las Vegas and whether the trial court erred in finding theflight to avoid arrest aggravator.  The Florida Supreme Court found all ofthese claims either without merit or harmless and affirmed the conviction andsentence of death on 09/10/98.

A Petition for Writ of Certiorari was filed on 04/26/99 anddenied on 06/24/99. 

A 3.850 motion was filed with the circuit court on 03/20/00and was amended on 06/23/00.  The motion was denied on 01/31/11.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONSAGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIMEDAYS LOST.

DATE     DAYS                      VIOLATION                                 LOCATION       

04/14/97      0                     DEST. OF ST. PROP.             FLORIDA STATE PRISON

________________________________________________________________________

Report Date:  03/27/02          cc

Approved:      04/15/02          ws

Updated:         05/02/11         car