The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.
 

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
JohnsonEmanuel 338043CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
10/20/2010FSC10-20083.851 Appeal
1/14/2011FSC10-2008Status Report
1/18/2011FSC10-2008Status Report
2/15/2011FSC10-2008Status Report
10/20/2010FSC10-22193.851 Appeal
12/20/2010FSC10-2219Status Report
1/14/2011FSC10-2219Status Report
1/19/2011FSC10-2219Status Report
2/15/2011FSC10-2219Status Report
3/24/1997CC88-31993.850 Motion
9/15/2003CC88-3199Motion amended
12/23/2003CC88-3199Motion amended
9/21/2005CC88-3199Huff
2/22/2008CC88-3199Status Conference
3/24/1997CC88-32003.850 Motion
9/16/2008CC88-32005th Amended Motion
4/1/2009CC88-3200Status Conference
8/3/2009CC88-3200Evidentiary Hearing
10/9/2009CC88-3200Evidentiary Hearing

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
GruberMark S.Tampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Gruber88-3246Andrew OwensSarasotaMiddle  

Last Updated

2008-01-09 11:43:13.0


Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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. 

 

JOHNSON, Emanuel (B/M)

DC #   338043

DOB: 09/18/63 

 

Twelfth Judicial Circuit, Sarasota County Case, Case # 88-3199

Sentencing Judge, Trial: The Honorable Andrew Owens

Attorney, Trial: Tobey Hockett – Assistant Public Defender

Attorneys, Direct Appeal: Stephen Krosschell & Robert F.Moeller – Assistant Public 

     Defenders

Attorney, Collateral Appeals: Mark Gruber & David Hendry– CCRC-M

 

Date of Offense:        10/04/88

Date of Sentence:       06/28/91

 

 

Circumstances of Offense:

 

The police discovered the body of 73-year-old Iris White onOctober 4, 1988.  The victim was found undressed from the waist down. Shewas stabbed 24 times and the back of her head showed evidence of blunttrauma.  The fatal stab wounds penetrated her heart and lungs.  Therewere also non-fatal wounds near the genital area.  White’s body displayedevidence of defensive wounds.

 

At the crime scene, police discovered an open living roomwindow and a screen that had been cut open.  Emanuel Johnson’sfingerprints were found on that windowsill.  Two pubic hairs wererecovered from the scene.  These pubic hairs bore the same characteristicsas Johnson’s under a microscope, but an expert testified that a perfect matchwas not possible to obtain.  Several years prior to the murder, Johnsonhad been hired by White to work on her yard. 

 

Johnson was interrogated on October 12, 1988.  Duringthis session, the police obtained a taped confession.  In this confession,Johnson said that he went to White’s house to discuss lawn maintenance. When White opened the door, Johnson seized her and strangled her until she wasunconscious.  Johnson then stabbed White numerous times.  Johnsonleft the residence through the front door, locking himself out in theprocess.  He realized once he was locked out that he had neglected tosteal White’s wallet.  Approximately 20 minutes elapsed before he cut thescreen and entered the house through the living room window.  Johnsonstated that he discarded the wallet in a specific area.  A road surveyorstumbled upon the wallet at same location that Johnson said he leftit.   

 

 

Trial Summary:

 

11/04/88         Indicted with the following:

Count I:First-Degree Murder

05/24/91         Defendant was found guilty of First-Degree Murder

05/30/91         The jury recommended Death by a vote of 8-4

06/28/91         Defendant was sentenced as follows:

                                  Count I: First-Degree Murder –Death                                    

 

**Note – defendant wasalso charged and convicted of Armed Burglary and sentenced to

   life in prison (Case # 88-3198)

 

 

Additional Information:

 

The defendant was alsoindicted on 11/04/88 for the First-Degree Murder and Armed Burglary of JackieMcCahon. On 06/28/91, the defendant was sentenced to Death and Life in prison,respectively, for his crimes. 

 

 

Prior Incarceration History in the State of Florida:

 

Offense Date

Offense

Sentence Date

Case No.

Prison Sentence

01/17/1988

1st Deg Murder (Attempted)

06/28/1991

88-3202

Life sentence

01/17/1988

Armed Burglary

06/28/1991

88-3202

Life sentence

01/17/1988

Robbery w/ a Deadly Weapon

06/28/1991

88-3202

Life sentence

05/28/1988

Burglary

06/28/1991

88-3246

15Y 0M 0D

05/28/1988

Robbery with a Deadly Weapon

06/28/1991

88-3246

15Y 0M 0D

 

 

Appeal Summary:

 

Florida Supreme Court, Direct Appeal

FSC# 78,336 

660 So. 2d 637

 

07/29/91         Appeal filed

07/13/95         Conviction and sentence ofDeath affirmed

09/22/95         Rehearing denied

10/23/95         Mandate issued

United States Supreme Court, Petition for Writ forCertiorari

USSC# 95-7969

517 U.S. 1159

 

02/21/96         Petition filed

04/22/96         Petition denied

 

State Circuit Court, 3.850 Motion

CC# 88-3199

(pending)

 

03/24/97         Motion filed.

09/15/03         Motion amended.

12/23/03         Motion amended.

 

 

Factors Contributing to the Delay in Execution ofSentence:

 

The Direct Appeal tookfour years from the date of filing for a decision to be rendered and the 3.850Motion has been pending since 1997.

 

 

Case Information:

 

A Direct Appeal was filedwith the Florida Supreme Court on 07/29/91.  Issues that were raisedincluded whether the defendant’s confession was involuntary and whether thetrial court erred in allowing the confession to be admitted as evidence. The Florida Supreme Court found all of the claims either harmless or withouterror and affirmed the conviction and sentence of Death on 07/13/95. 

 

A Petition for a Writ ofCertiorari was filed with the United States Supreme Court on 02/21/96 and wasdenied on 04/22/96. 

 

A 3.850 Motion was filedwith the State Circuit Court on 03/24/97 and was amended on 09/15/03 and12/23/03.  The Motion is currently pending.

 

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. 

 

JOHNSON, Emanuel (B/M)

DC #   338043

DOB: 09/18/63 

 

­­­­Twelfth Judicial Circuit, Sarasota County, Case # 88-3200

Sentencing Judge, Trial: The Honorable Andrew Owens

Attorney, Trial: Tobey Hockett – Assistant Public Defender

Attorneys, Direct Appeal: Stephen Krosschell & Robert F.Moeller – Assistant Public 

     Defenders

Attorney, Collateral Appeals: Mark Gruber & David Hendry– CCRC-M

 

Date of Offense:        09/22/88

Date of Sentence:       06/28/91

 

 

Circumstances of Offense:

 

Sarasota police found the victim, Jackie McCahon, lying onthe sidewalk in front of her residence on September 22, 1988.  McCahon hadbeen stabbed 19 times. Twelve of the stab wounds independently could have beenthe cause of death.  A part of the knife blade had broken off and waslodged in the victim’s body.  An expert on blood spatter evidence surmisedthat McCahon was attacked either in her doorway or while she was inside thebathroom. 

 

The police began looking at several suspects, but focusedtheir attention on Emanuel Johnson, who was one of the victim’s tenants. At the first questioning, Johnson asserted that when he heard police cars, hewent to see what the disturbance was, but that he had no knowledge that McCahonwas the victim until he was told the next day. 

 

Johnson later confessed to the murder after a lengthy policeinterrogation.  Johnson stated that he went to McCahon’s residence to useher telephone under the false pretense that his wife was in labor. McCahon was aware of the pregnancy and allowed Johnson to enter her home. Once inside, Johnson choked the victim until she was only partlyconscious.  Johnson grabbed a knife and stabbed the victim several timesbefore cutting the phone cord.  Johnson stole 20 dollars that he foundbefore leaving the scene.  After Johnson returned to his apartment acrossthe street, he saw McCahon stumble out of her home and down to thesidewalk.  Johnson obtained a knife from his own apartment and stabbed thevictim repeatedly.  Police discovered the broken handle of a knife in thelocation where Johnson confessed to discarding it.  The knife handle was amatch to the broken blade found in the victim’s body.       

 

 

Additional Information:

 

The defendant was alsoindicted on 11/04/88 for the First-Degree Murder and Armed Burglary of IrisWhite. On 06/28/91, the defendant was sentenced to Death and life in prison,respectively, for his crimes. 

 

 

Prior Incarceration History in the State of Florida:

 

Offense Date

Offense

Sentence Date

Case No.

Prison Sentence

01/17/1988

1st Deg Murder (Attempted)

06/28/1991

88-3202

Life sentence

01/17/1988

Armed Burglary

06/28/1991

88-3202

Life sentence

01/17/1988

Robbery w/ a Deadly Weapon

06/28/1991

88-3202

Life sentence

05/28/1988

Burglary

06/28/1991

88-3246

15Y 0M 0D

05/28/1988

Robbery with a Deadly Weapon

06/28/1991

88-3246

15Y 0M 0D

 

 

Trial Summary:

 

11/04/88         Defendant indicted with the following:

CountI:           First-DegreeMurder  

06/07/91         Defendant was found guilty of First-Degree Murder

06/18/91         The jury recommended Death by a vote of 10 to 2

06/28/91         Defendant was sentenced as follows:

                                  Count I:          First-Degree Murder –Death                          

 

**Note – defendant wasalso charged and convicted of Armed Burglary and sentenced to

   life in prison (Case # 88-3438)

 

 

Appeal Summary:

 

Florida Supreme Court - Direct Appeal

FSC #78,337 

660 So. 2d 648

 

07/29/91         Appeal filed.

07/13/95         Conviction and sentence ofDeath affirmed.

09/22/95         Rehearing denied.

10/23/95         Mandate issued.

 

United States Supreme Court - Petition for Writ forCertiorari

USSC #95-7970

517 U.S. 1159

 

02/21/96         Petition filed.

04/22/96         Petition denied.

 

State Circuit Court - 3.850 Motion

CC #88-3200

(Pending)

 

03/24/97         Motion filed.

09/15/03         Motion amended. 

12/23/03         Motion amended.

 

Florida Supreme Court – 3.851 Appeal

FSC #10-2008

(Pending)

 

10/20/10          Appealfiled. 

 

Florida Supreme Court – 3.851 Appeal

FSC #10-2219

(Pending)

 

10/20/10          Appealfiled. 

 

Factors Contributing to the Delay in Imposition ofSentence:

 

The Direct Appeal tookfour years from the date of filing for a decision to be rendered and the 3.850Motion has been pending since 1997.

 

 

Case Information:

 

A Direct Appeal was filedwith the Florida Supreme Court on 07/29/91.  Issues that were raisedincluded whether the arrest warrant was valid, whether the arrest itself was legal,and whether the trial court erred in allowing the defendant’s confession to beadmitted as evidence.  The Florida Supreme Court found all of the claimseither harmless or without error and affirmed the conviction and sentence ofDeath on 07/13/95. 

 

A Petition for a Writ ofCertiorari was filed with the United States Supreme Court on 02/21/96 and wasdenied on 04/22/96. 

 

A 3.850 Motion was filedwith the State Circuit Court on 03/24/97 and was amended on 09/15/03 and12/23/03.  The Motion is currently pending.

 

Two 3.851 Appeals werefiled with the Florida Supreme Court on 10/20/10.  These appeals are currentlypending.

  

Institutional Adjustment:

 

THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

                                                                    

DATE    DAYS                  VIOLATION                                      LOCATION      

07/05/93     0                     DISRESP.TOOFFICIALS                UNION C. I.        

11/28/00     0                     DISORDERLY CONDUCT              UNION C. I.     

­­­­­­­­­­­­­­­­­

 

 

Report Date:  06/14/02          cc

Approved:      07/22/02          ws

Updated:        11/29/10          CAR