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. 

BRANT, Charles (W/M)

DC#    588873

DOB:  10/23/65

Thirteenth Judicial Circuit, Hillsborough County Case #04-CF-012631

Sentencing Judge: The Honorable William Fuente

Attorney, Trial: Robert Fraser - Private

Attorney, Direct Appeal: John C. Fisher - Assistant PublicDefender

Attorney, Collateral Appeals:  Marie-Louise SamuelsParmer – Private

Date of Offense: 07/01/04

Date of Sentence: 08/13/07

Circumstances of Offense:

Charles Brant was convicted and sentenced to death for themurder of Sara Radfar, which occurred on 07/01/04. On07/02/04, law enforcement officers found Radfar deadin her home.

Brant told officers he went to Radfar’shome on 07/01/04 to take pictures of her tile floor, which he had installed,for his portfolio. Radfar let him in, and while hewas taking photographs of the tile, Radfar walkedinto the bathroom. Brant grabbed Radfar, dragged herinto one of the bedrooms, and sexually assaulted her. Brant stated that he puta sock in Radfar’s mouth to quiet her and thenstarted to choke and suffocate her. He explained that, when he thought Radfar had either lost consciousness or died, he startedwalking around in the house. She regained consciousness, however, and ran tothe front door. Brant then dragged her back into the bedroom. At that point,Brant again began to choke and suffocate her. He stated that the choking andsuffocation went on for some time.

Brant next took Radfar to thebathroom. He said that she was breathing as he put her in the tub. Brant thengrabbed a stocking, a dog leash, and an electrical cord from a heating pad, andwrapped those items around Radfar’s neck. Brantstated that Radfar died while in the tub. He alsostated that, after her death, he started to clean up the duplex, changed intoclothing he found in the home, left through the front door, moved Radfar’s car out of the driveway, and walked home. Brantfurther explained that, on the next day, he went back into Radfar’sresidence and tried to wipe down any fingerprints he may have left.

Detective Kathy Smith testified that, as part of thehomicide investigation, law enforcement officers collected garbage from Brant’sporch and from a garbage can by Brant’s mailbox. The officers retrieved, amongother items, a debit card with the victim’s name and photograph on it, fourlatex gloves, and a box that had contained women’s stockings.   

Jacqueline Lee, M.D., associate medical examiner, testified thatbruises on the victim’s body could be interpreted as defensive wounds and thathemorrhages involving the eyes and eyelids were indicative of strangulation.She testified that the cause of death was strangulation and suffocation.Analysis of Sara Radfar’s vaginal swab taken from therape kit at the Medical Examiner’s Office demonstrated the presence of sementhat matched the defendant’s DNA.

Trial Summary:

07/14/04         Indicted as follows:

                                   Count I:          First-Degree Murder (Sara Radfar)

                                   Count II:         Sexual Battery

                                   Count III:        Kidnapping

                                   Count IV:        Grand Theft of a MotorVehicle

                                   Count V:         Burglary of a Dwellingwith Assault or Battery

08/13/07         Jury returned guilty verdicts on all counts of the indictment

08/22/07         Brant waived his right to a penalty-phase jury

11/30/07         Sentenced as follows:

                                   Count I:          First-Degree Murder (Sara Radfar) – Death

                                   Count II:         Sexual Battery – Life

                                   Count III:        Kidnapping – Life

                                   Count IV:        Grand Theft of a MotorVehicle – 5 Years

                                   Count V:         Burglary of a Dwellingwith Assault or Battery –

Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 07-2412

21 So.3d 1276

12/26/07         Appeal filed

11/12/09         FSC affirmed the conviction and sentence

12/07/09         Mandate issued

Circuit Court – 3.850Motion

CC# 04-12631

(Pending)

02/09/11          Motionfiled

Case Information:

Brant filed a Direct Appeal in the Florida Supreme Court on12/26/07. On appeal, Brant argued that his death sentence was disproportionate.He did not raise any claims regarding the propriety of his pleas or hispenalty-phase trial. However, in all direct appeals where the death penalty hasbeen imposed, the Florida Supreme Court reviews the record to determine whetherthe evidence is sufficient to support the murder conviction. The FloridaSupreme Court did not find errors that warranted reversing the conviction orsentence. The Florida Supreme Court affirmed the conviction and sentence on11/12/09.

On 02/09/11, Brant filed a 3.850 motion in the circuitcourt. That motion is pending.

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Report Date:   11/12/09          KKR

Approved:       12/04/09          RM

Updated:         03/15/11          JJK