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 on for statistical or legal purposes.
ARMSTRONG, Lancelot (B/M)
DC # 693504
DOB: 07/29/63
Seventeenth Judicial Circuit, Broward County, Case#90-5417-CF
Sentencing Judge: The Honorable Thomas M. Coker
Resentencing Judge: The Honorable Michael Gates
Trial Attorney: Edward Malavenda, Esq. – Private
Attorneys, Resentencing: Hilliard Moldof & EdwardMalavenda, Esq. – Private
Attorney, Direct Appeal: Jeffery Anderson – Assistant PublicDefender
Attorney, Collateral Appeals: Pro Se
Date of Offense: 02/17/90
Date of Sentence: 06/20/91
Circumstances of Offense:
In the early morning hours of 02/17/90, Lancelot Armstrong,the defendant, and Michael Coleman entered Church’s Fried Chicken restaurantunder the pretense of visiting Kay Allen. Allen was the assistant managerof Church’s and the former girlfriend of the defendant. Initially, Allenrefused to meet with Armstrong, but eventually accompanied him to his car outside,while Coleman stayed in the restaurant.
According to testimony, the defendant told Allen he wasgoing to rob the restaurant and that, if she did not cooperate, he might haveto kill her. All the other employees had gone home, so Armstrong, Allenand Coleman were alone. When getting the money out of the safe, Allenmanaged to pull the silent alarm.
Deputy Sheriffs Robert Sallustio and John Greeney arrived atthe scene to find Armstrong in the car and Coleman still in therestaurant. Shots fired from inside the restaurant distracted theofficers, enabling Armstrong to reach for his gun and to open fire on theofficers as well. Sallustio was struck three times and Greeney was killedinstantly. Armstrong and Coleman fled the state and were apprehended inMaryland. Investigators determined that bullets from Armstrong’s gunkilled Greeney because he suffered from shots fired at close-range.
Codefendant Information:
Michael Coleman, the codefendant, received life in prisonfor his role in the robbery and shooting.
Trial Summary:
02/27/90 The Defendant was arrested.
03/07/90 The Defendant was indicted on the following counts:
Count I: Murder inthe First-Degree
Count II: AttemptedMurder of a Law Enforcement Officer
Count III: Robbery with a Firearm
04/17/91 The jury returned a verdict of guilty on all counts.
05/09/91 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the deathpenalty.
06/20/91 The Defendant was sentenced as followed:
Count I: First-Degree Murder –Death
Count II: Attempted Murder – Life
Count III: Robbery with a Firearm –Life
10/30/03 The Florida Supreme Court vacated the defendant’s death sentence and remandedthe case for
resentencing.
04/25/07 The jury recommended the imposition of the death penalty by a vote of 9-3.
06/15/07 The defendant was resentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #78,180
642 So. 2d 730
06/26/91 Appeal filed.
08/11/94 FSC affirmed the convictions and sentence of death.
09/29/94 Rehearing denied.
10/31/94 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #94-8198
514 U.S. 1085
02/24/95 Petition filed.
04/24/95 Petition denied.
State Circuit Court – 3.850 Motion
CC #90-5417
03/18/97 Motion filed.
05/25/01 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC01-1874
862 So.2d 705
08/27/01 Appeal filed.
10/30/03 FSC affirmed the denial of Armstrong’s 3.850 Motion in part, vacated Armstrong’sdeath sentence
and remanded for anew penalty phase.
12/19/03 Armstrong’s Motion for Rehearing denied.
12/19/03 Motion for Rehearing filed by the State denied.
02/20/04 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #SC02-1122
862 So.2d 705
05/15/02 Petition filed.
10/30/03 Petition denied.
12/19/03 Rehearing denied.
02/20/04 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 03-1198
541 U.S. 1056
02/18/04 Petition filed.
05/17/04 Petition denied.
State Circuit Court – Resentencing
CC #90-5417
06/15/07 Defendant resentenced to death.
Florida Supreme Court – Direct appeal, Resentencing
FSC# 09-1659
(Pending)
09/09/09 Appeal filed.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Armstrong’s Direct Appeal took over three years tocomplete. Also, in consideration of the financial state of the CCR, amotion to toll time was granted regarding the filing of a 3.850 Motion until09/01/97. His 3.850 Motion took over fours years in the State CircuitCourt.
Case Information:
On 06/26/91, Armstrong filed a Direct Appeal in the FloridaSupreme Court. Among the 24 issues raised in that appeal, four pointswere particularly noteworthy. First, Armstrong believed a new trial wasneeded because Allen lied about material facts at trial. Secondly,Armstrong contends that the State submitted inadmissible evidence in order torefresh the memory of a witness. In the penalty phase, the defendantclaimed that the judge arrived at a sentencing decision prior to Armstrongbeing given the opportunity to speak on his behalf. Lastly, Armstrongbelieves that some of the aggravating factors applied to his case wereduplicative. The Supreme Court affirmed the conviction and sentence ofdeath on 08/11/94.
On 02/24/95, Armstrong filed a Petition for Writ ofCertiorari in the United States Supreme Court, which was denied on 04/24/95.
On 03/18/97, Armstrong filed a 3.850 Motion in the CircuitCourt, which was denied on 05/25/01. On 08/27/01, Armstrong filed an appeal ofhis 3.850 Motion in the Florida Supreme Court. On 10/30/03, the FloridaSupreme Court affirmed the denial of Armstrong’s 3.850 Motion in part, vacatedhis death sentence and remanded for a new penalty phase. In lieu of oneof Armstrong’s prior felony convictions being vacated, which was used as anaggravating circumstance during his original penalty phase, the Florida SupremeCourt remanded the case for resentencing.
On 08/27/01, Armstrong filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court, which was denied on 10/30/03.
On 02/18/04, Armstrong filed a Petition for Writ ofCertiorari with the United States Supreme Court, which was denied on 05/17/04.
On 06/15/07, Armstrong was again sentenced to death.
On 09/09/09, Armstrong filed his second Direct Appeal in theFlorida Supreme Court, which is pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
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02/22/00 0 POSS OFCONTRABAND UNION C.I.
________________________________________________________________________
10/30/01 – ew
10/30/01 – approved – ws
08/25/10 – updated – kkr