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.
POOLE, Mark Anthony (B/M)
DOB: 01/04/63
Tenth Judicial Circuit, Polk County Case# CF01-7078A-XX
Sentencing Judge: The Honorable J. Dale Durrance
Attorney, Trial: Julia Jester – Assistant PublicDefender
Attorney, Direct Appeal: Howard L. Dimmig – AssistantPublic Defender
Attorney, Second Penalty Phase: TBA
Date of Offense: 10/12/01
Date of Sentence (1st): 08/25/05
Date of Sentence (2nd): TBA
Circumstances of Offense:
On 08/25/05, Mark AnthonyPoole was sentenced to death for the murder of Noah Scott and to life in prisonfor the attempted murder Scott’s fiancée.
Noah Scott, 24, and his fiancée, whose name is intentionallyomitted, were living in the Orangewood Village Mobile Home Park in Lakeland,Florida. At the time, Scott’s fiancée was about five months pregnant withthe couple’s first child. On the evening of 10/12/01, Poole broke intothe couple’s home as they were sleeping. His fiancée awoke in the middleof the night with a pillow being placed over her face and an intruder sittingon top of her. Poole began to rape her and sexually assault her,demanding to know where the money was. She resisted and begged Poole notto hurt her because of her pregnancy, but Poole repeatedly struck her with atire iron, severing two of her fingers and causing her to move in and out ofconsciousness. During the attack, Scott attempted to stop Poole but wasrepeatedly struck in the head with the tire iron, rendering himunconscious. At some point after the attack, Poole left the bedroom tocollect a cache of video games and game equipment. Before leaving, Poolere-entered the bedroom, touched her vaginal area and said “thank you.”
The female victim fully regained consciousness the nextmorning at the sound of her alarm. She retrieved her cell phone andcalled 911. Shortly thereafter, police officers were dispatched to thehome. Scott was pronounced dead at the scene. His fiancée was foundseverely injured in the hallway adjacent to the bedroom with multiple face andhead wounds and missing part of her fingers. She was rushed to LakelandRegional Medical Center where doctors treated nine lacerations to herhead. Some were so deep they exposed her skull. Medical reportsindicated that Scott was struck at least 13 times in the head.
Several witnesses told police officers that they saw Pooleor a man matching Poole’s description near the victims’ home on the night ofthe attacks. Pamela Johnson, Poole’s girlfriend, testified that on thatevening, Poole left his house sometime in the evening and did not return until4:50 a.m. Scott’s fiancée testified that Scott had owned a Sega Genesis,Sega Dreamcast, and a Super Nintendo. The night of the attacks, Poolesold the gaming systems to Ventura Rico, a man who lived in the same mobilehome park as the victims. Melissa Nixon, girlfriend to Rico’s cousin, hadwitnessed the exchange. Nixon testified that the next morning, her sonnoticed blood on one of the gaming systems. DNA analysis confirmed thatthe blood found on the Sega Genesis box, Sega Dreamcast box, and the SuperNintendo matched the DNA profile of Scott. A vaginal swab confirmed thatthe semen found in the female victim was that of Mark Poole. From Poole’shome, police retrieved a blue polo shirt and the pair of Vans shoes Poole saidhe had been wearing on the night of the murder. A stain found on the leftsleeve of one of Poole’s shirts matched the female victim’s blood type. Afootwear examination revealed that one of the two footwear impressions found ona notebook in the victim’s trailer matched Poole’s left Vans shoe. Thetire iron used in the crimes was found underneath a motor home near thevictims’ home.
After surviving theattack, Scott’s fiancée gave birth to a baby boy.
Additional Information:
Poole’s sexual batterycase was treated separately (CC# 01-4708) for which he was sentenced to life inprison.
Poole has criminalhistories in Texas, Louisiana, Mississippi, Georgia, South Carolina andFlorida.
Two mental health experts were hired by the defense. Both examiners testified that, although Poole is not insane, he does have lowintellect, a substance-abuse problem, and moderate brain damage.
Trial Summary:
11/01/01 Indicted as follows:
Count I: First-Degree Murder (Noah Scott)
Count II: AttemptedFirst-Degree Murder
Count III: Armed Burglary
Count IV: Armed Robbery
04/27/05 Jury returned guilty verdicts on all counts of the indictment
05/04/05 Jury recommended death by a vote of 12-0
08/25/05 Sentenced as follows:
Count I: First-Degree Murder (Noah Scott) – Death
Count II: AttemptedFirst-Degree Murder – Life in Prison
Count III: Armed Burglary – Life inPrison
Count IV: Armed Robbery – Life inPrison
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 05-1770
997So.2d 382
09/22/05 Appealfiled
04/09/08 OralArguments held
12/11/08 Convictionaffirmed, Sentence vacated; Case remanded to trial court for new penalty phase
01/05/09 Mandateentered
Case Information:
On 09/22/05, Poole fileda Direct Appeal to the Florida Supreme Court citing the following issues: (1)the trial court erred in denying the appellant’s motion for mistrial based upona single comment which implicated the appellant’s right to remain silent, (2)the prosecution erred in cross-examining the defense character witness on thedefendant’s tattoos, prior arrests, and lack of remorse, (3) the trial courterred in denying a mistrial based upon a comment made on the jury’s duty torecommend the death penalty, and (4) the Florida death penalty statue isunconstitutional. On 12/11/08, the Florida Supreme Court affirmed theconviction but vacated the sentence of death based on the third issue raised inthe appeal. They remanded the case to the trial court to conduct a newpenalty phase. This ruling is not final until time expires to file amotion for rehearing (12/26/08). The Florida Supreme Court entered a mandatein the case on 01/05/09.
Institutional Adjustment:
Information unavailableat this time.
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Report Date: 12/12/08 AEH
Approved: 12/12/08 RM
Update: 04/28/09 AEH