Commission On Capital Cases

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 Name	First Name	Picture	DC Number	Agency	Case Summary
Hayward	Steven		106576	CCRC-S	Case Summary

Last Action

Date	Court	Case Number	Last Action
2/2/2011	CC	05-0463	Status Conference
5/13/2011	CC	05-0463	Status Conference
7/2/2007	FSC	07-1234	Direct Appeal
5/8/2008	FSC	07-1234	Initial
8/7/2008	FSC	07-1234	Answer
8/7/2008	FSC	07-1234	Reply
9/17/2008	FSC	07-1234	Supplemental initial brief
10/13/2008	FSC	07-1234	Reply
10/13/2008	FSC	07-1234	Supplemental Answer brief
12/22/2008	FSC	07-1234	Reply
4/7/2009	FSC	07-1234	Oral Arguments
8/27/2009	FSC	07-1234	FSC Affirmed Conviction and Sentence
9/9/2009	FSC	07-1234	Motion-Rehearing
12/10/2009	FSC	07-1234	Rehearing denied
12/30/2009	FSC	07-1234	Mandate
3/2/2010	USSC	09-9416	Petition for Writ of Certiorari
4/26/2010	USSC	09-9416	Denied

Current Attorney

Cases

Last Updated

2008-01-09 11:43:13.0

Case Summary
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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.

HAYWARD, Steven Douglas (Black/Male)

DC# 106576

DOB: 01/17/69

Nineteenth Judicial Circuit, St. Lucie County, Case#05-0463-CF-A

Sentencing Judge: The Honorable Hanes W. McCann

Attorney, Trial: Jerome Stone Udell

Attorney, Direct Appeal: Gary Caldwell – Assistant PublicDefender

Attorney, Collateral Appeals: Paul Kalil – CCRC-S

Date of Offense: 02/01/05

Date of Sentence: 06/01/07

Circumstances of Offense:

Steven Douglas Hayward was convicted and sentenced to deathfor the murder of Daniel Destefano. Hayward was also convicted of robberywith a deadly weapon, burglary of a conveyance while armed, and possession of afirearm by a convicted felon.

After arriving at a convenience store on the early morningof February 1, 2005, Daniel Destefano began filling a vending machine withnewspapers. Destefano carried a silver revolver and had a concealedweapons permit. McDowell, a resident in the nearby rooming house, heard loudnoises, followed by Destefano shouting, “I don’t have no more. I don’t have nomore.” Then, McDowell said he heard two gunshots, followed by one more gunshot,which was louder. After opening the door and continuing to hear, “I don’thave no more,” he saw Hayward proceeding to search a nearby car. Haywardthen walked to a corner with a street light overhead. McDowell saw himexamining his left hand, which was bleeding. Hayward left, and Destefanolimped away.

The 911 call came in shortly after 4 a.m. from someone whohad found Destefano a block away. Officer Grecco arrived at the scene beforethe paramedics, and, after Destefano described what had happened to theofficer, he died shortly thereafter. Hayward’s girlfriend, Dorothy Smith,lived nearby and, according to her, Hayward came to her room with an injury tohis hand. Hayward told her that two others had robbed and shot him. After resisting Smith’s attempts to call for medical support, even to theextent of unplugging the telephone, Hayward asked nearby neighbors to sew uphis hand, but no one did. Smith heard about the shooting on TV and founda bloody ten-dollar bill of Hayward’s that he had placed in a drawer thatmorning. She convinced him to stay, and then Hayward sold Destefano’ssilver handgun for $100.

Two days later, the police responded to a call reporting aman with a gunshot wound seeking residents to sew it up. The officersarrived at the house, and Smith answered the door. After the officerswere allowed entry into the Smith residence, the officers asked Hayward if theycould look at his wound. The bandage was removed. Hayward and Smithclaimed that Smith had “cut” Hayward with a knife. Hayward was thenescorted to a police car to talk about the “cut” and, just before entering thecar, Hayward stated he had been robbed instead of being cut. Hayward wasarrested at the police station.

A month or two later, the murder weapon, a black .22-caliberrevolver was found hidden in a common laundry room in Smith’s roomingresidence. Hayward’s blood was found inside the gun’s firingchambers. Medical Examiner Dr. Charles Diggs testified that thehorizontal entry of the bullet into the thigh was consistent with Destefanostanding up. Destefano was most likely kneeling as the second bullet enteredhis upper left chest area, traveled downward at a 45-degree angle, and came torest in his lower intestine. Official cause of death was internalbleeding primarily caused by the second bullet.

No blood of Destefano was found at the crime scene.Hayward’s blood, however, was found at the crime scene on several items inDestefano’s car and on the door frame. Hayward’s jacket had heavy bloodtransfer stains, and the jacket pocket with a tear also had some blood init. According to Criminalist Earl Ritzline, the tear providedenough room to hide two guns. Hayward’s blood transfer stains also showedup on Destefano’s back pockets. Ritzline opined that Hayward possiblypushed his bloody hand into Destefano’s pockets to search them.

The jury was allowed to hear portions of two taped telephonecalls between Hayward and Smith. The conversations involved code talk toget rid of the murder weapon. The jury vote for the death penalty was(8-4).

Prior Incarceration History in the State of Florida:

^{Prior Prison History:}^{(Note: Data reflected covers periods of incarceration with the Florida Dept.of Corrections since January of 1983)}
^{Offense Date}	^Offense	^{Sentence Date}	^County	^{Case No.}	^{Prison Sentence Length}
^08/14/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^02/26/1987	^{ST. LUCIE}	^8602060	^{1Y 6M 0D}
^08/13/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^02/26/1987	^{ST. LUCIE}	^8602232	^{1Y 6M 0D}
^08/13/1986	^{BURGLARY,ARMED W/EXP. OR WEAPO}	^02/26/1987	^{ST. LUCIE}	^8602245	^{1Y 6M 0D}
^08/16/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^02/26/1987	^{ST. LUCIE}	^8602246	^{1Y 6M 0D}
^08/16/1986	^{GRAND THEFT,$300 LESS &20,000}	^02/26/1987	^{ST. LUCIE}	^8602246	^{1Y 6M 0D}
^08/14/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^02/26/1987	^{ST. LUCIE}	^8602415	^{1Y 6M 0D}
^08/14/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^08/02/1988	^{ST. LUCIE}	^8602060	^{5Y 0M 0D}
^08/13/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^08/02/1988	^{ST. LUCIE}	^8602232	^{5Y 0M 0D}
^08/13/1986	^{BURGUNOCCSTRUC/CV OR ATT.(ATTEMPTED)}	^08/02/1988	^{ST. LUCIE}	^8602245	^{5Y 0M 0D}
^08/16/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^08/02/1988	^{ST. LUCIE}	^8602246	^{5Y 0M 0D}
^08/16/1986	^{THEFT STATE FUNDS $20K-100K}	^08/02/1988	^{ST. LUCIE}	^8602246	^{5Y 0M 0D}
^08/14/1986	^{BURGUNOCCSTRUC/CV OR ATT.}	^08/02/1988	^{ST. LUCIE}	^8602415	^{5Y 0M 0D}
^03/01/1988	^{BURGLARY TOOLS-POSSESS}	^08/02/1988	^{ST. LUCIE}	^8800509	^{5Y 0M 0D}
^03/01/1988	^{BURGUNOCCSTRUC/CV OR ATT.(ATTEMPTED)}	^08/02/1988	^{ST. LUCIE}	^8800509	^{5Y 0M 0D}
^02/21/1988	^{2ND DEG.MURD,DANGEROUS ACT}	^08/02/1988	^{ST. LUCIE}	^8800564	^{35Y 0M 0D}
^02/21/1988	^{ROBB. GUN/DEADLY WPN}	^08/02/1988	^{ST. LUCIE}	^8800564	^{35Y 0M 0D}

Trial Summary:

03/22/05 Indicted as follows:

Count I: First-Degree Murder

Count II: Robbery

Count III: Burglary

Count IV: Possession of Firearm byConvicted Felon

03/14/07 Jury returned guilty verdicts on all counts of the indictment

03/20/07 Jury recommended death by a vote of 8-4

06/01/07 Sentenced as follows:

Count I: First-Degree Murder – Death

Count II: Robbery – Life

Count III: Burglary – Life

CountIV: Possession of Firearm byConvicted Felon – 15years

^{Current Prison Sentence History:}
^{Offense Date}	^Offense	^{Sentence Date}	^County	^{Case No.}	^{Prison Sentence Length}
^02/01/2005	^{1ST DG MUR/PREMED. OR ATT.}	^06/01/2007	^{ST. LUCIE}	^0500463	^{DEATH SENTENCE}
^02/01/2005	^{ROBB. GUN/DEADLY WPN}	^06/01/2007	^{ST. LUCIE}	^0500463	^{SENTENCED TO LIFE}
^02/01/2005	^{BURGLARY,ARMED W/EXP. OR WEAPO}	^06/01/2007	^{ST. LUCIE}	^0500463	^{SENTENCED TO LIFE}
^02/01/2005	^{FELON W/GUN/CONC.WPN/AMMO.}	^06/01/2007	^{ST. LUCIE}	^0500463	^{15Y 0M 0D}

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 07-1234

2009 So. 3d WL 2612524 (Fla. 2009)

07/02/07 Appeal filed.
08/27/09 FSC affirmed theconvictions and sentence

09/09/09 Motion for Rehearing

12/10/09 Rehearing denied

12/30/09 Mandate

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-9416

03/02/10 Petition filed.

04/26/10 Petition denied.

Case Information:

On 07/02/07, Hayward filed a Direct Appeal to the FloridaSupreme Court. The following issues were raised: prosecutorial misconductamounting to fundamental error, the statements of the murder victim to policedescribing his attacker were improperly admitted under the excited utteranceand dying declaration hearsay exceptions, and in violation of the ConfrontationClause; and, in the penalty phase’s closing arguments, the prosecutor comparedthe goals, choices, and worth of the offender and defender. However, asan objection was not raised at the time, and the Florida Supreme court believedthe error to be harmless and not a fundamental error requiring a new penaltyphase. On 08/27/09 the Florida Supreme Court affirmed the convictions andsentence of the lower court. A motion for rehearing was submitted on09/09/09. Rehearing was denied on 12/10/09. The Florida Supreme Courtissued a mandate on 12/30/09.

On 03/02/10, Hayward filed a Petition for Writ of Certiorarito the United States Supreme Court. This petition was denied 04/26/10.

________________________________________________________________________

Report Date: 09/15/09 CAR

Approved: 10/16/09 CAR

Updated: 03/14/11 CAR