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.
SIRECI, Henry P., Jr. ; AKA Butch Blackstone (W/M)
DC # 056338
DOB: 07/17/48
Ninth Judicial Circuit, Orange County Case #76-532
(Transferred to Seventh Judicial Circuit on 01/16/84)
Sentencing Judge: The Honorable Maurice M. Paul
Attorney, Trial: Edward Kirkland, Esq.
Attorney, Direct Appeal: Craig S. Barnard & RichardB.Greene – Assistant Public Defenders
After resentencing: Larry B. Henderson – Assistant PublicDefenders
Attorneys, Collateral Appeals: Marie Parmer – CCRC-M
Date of Offense: 12/03/75
Date of Sentence: 11/15/76
Date of Resentence: 05/04/90
Circumstances of Offense:
On 12/03/75, Sireci went to a used car lot, entered theoffice, and discussed buying a car with the owner of the car lot, HowardPoteet. Sireci argued in court that the purpose of the visit was to takesome keys so he could come back later and steal a car. The state arguedin court that the purpose of the visit was to rob the owner.
Sireci was armed with a wrench and a knife and a struggleensued. According to forensic evidence, Poteet suffered multiple stabwounds, lacerations, and abrasions. Poteet’s body had a total offifty-five stab and incision wounds, all located on the chest, back, head, andextremities. In addition, the neck was slit. Massive internal andexternal hemorrhages were the cause of death. According to latertestimony, Sireci hit Poteet with the wrench and stabbed him sixty times.
Trial Summary:
02/27/76 Sireci was indicted on the following:
Count I: First-DegreeMurder (Howard Poteet)
10/22/76 Sireci was found guilty on Count I of theindictment.
11/05/76 Jury recommended the death penalty by amajority vote.
11/15/76 Sireci was sentenced as follows:
Count I: First-DegreeMurder (Howard Poteet) – Death
05/28-29/87 Evidentiary hearing held.
08/21/87 The trial court vacated the deathsentence.
05/04/90 Resentenced to death. Upon advisorysentencing, the jury voted for the death penalty by an 11-1 majority.
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #50,905
399 So.2d 964 (Fla. 1981)
01/14/77 Appeal filed.
04/09/81 FSC affirmed conviction and sentence.
06/10/81 Rehearing denied.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #81-5379
456 U.S. 984 (U.S. 1982)
09/08/81 Petition filed.
05/17/82 USSC denied Petition.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus and Stay of Execution
USDC #82-468-Orl-Civ-ER
09/07/82 Petition and Stay filed.
09/16/82 USDC dismissed Petition and denied Stay of Execution.
Circuit Court – 3.850 Motion
CC #76-532
09/08/82 Motion filed.
11/03/83 Trial court denied Motion.
Florida Supreme Court – 3.850 Motion Appeal
FSC #64,728
469 So.2d 119 (Fla. 1985)
01/06/84 Appeal filed.
03/21/85 FSC affirmed denial of 3.850 Motion.
06/07/85 Rehearing denied.
07/31/85 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #84-6895
478 U.S. 1010 (U.S. 1986)
06/12/85 Petition filed.
06/30/86 USSC denied Petition.
Circuit Court – 3.850 Motion
CC #76-532
07/28/86 Motion filed.
09/26/86 Court orders evidentiary hearing to be held and execution stayed.
08/21/87 Trial court granted Motion - sentence vacated.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #69,380
502 So.2d 1221 (Fla. 1987)
09/25/86 Petition filed.
01/05/87 FSC denied Petition.
03/18/87 Rehearing denied.
04/22/87 Mandate issued.
Florida Supreme Court – Trial Court Order Appeal(filed by state)
FSC #69,386
502 So.2d 1221 (Fla. 1987)
09/26/86 Appeal filed.
01/05/87 FSC affirmed trial court order.
03/18/87 Rehearing denied.
04/22/87 Mandate issued.
Florida Supreme Court – 3.850 Motion Appeal (filed bystate)
FSC #70,937
536 So.2d 231 (Fla. 1988)
07/24/87 Appeal filed.
12/22/88 FSC affirmed 3.850 Motion and vacating of sentence.
01/13/89 Mandate issued.
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC #76,087
587 So.2d 450 (Fla. 1991)
05/16/90 Appeal filed.
09/19/91 FSC affirmed sentence.
11/04/91 Rehearing denied.
12/04/91 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #91-7177
503 U.S. 946 (U.S. 1992)
01/24/92 Petition filed.
03/23/92 USSC denied petition.
Circuit Court – 3.850 Motion
CC #76-532
06/21/93 Motion filed.
02/09/99 Trial court denied Motion.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC #97-468-Orl-Civ-18
05/09/97 Petition filed.
03/01/99 USDC denied Petition.
Florida Supreme Court – 3.850 Motion Appeal
FSC #95,116
773 So.2d 34 (Fla. 2000)
03/19/99 Appeal filed.
09/07/00 FSC affirmed denial of 3.850 Motion.
11/14/00 Rehearing denied.
Circuit Court – 3.850 Motion
CC #76-532
12/06/00 Motion filed.
10/10/01 Trial court denied Motion.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# SC01-1399
825 So. 2d 882 (Fla. 2002)
06/25/01 Petition filed.
02/28/02 FSC denied the petition.
04/15/02 Rehearing denied.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 02-01160
10/03/02 Petition filed.
10/16/02 Case administratively closed pendingexhaustion of state remedies.
03/05/03 Case reopened.
08/04/03 Motion filed to stay proceedings until DNAtesting is settled in state court.
08/12/03 Order directing administrative closurepending resolution of state proceedings.
01/11/06 Case reopened.
07/24/06 Amended Habeas Petition filed.
03/12/09 Petition denied; Case dismissed withprejudice.
03/20/09 Motion to alter judgment filed.
07/28/09 Motion denied.
Circuit Court – 3.850 Motion
CC #76-532
10/08/02 Motion filed.
01/10/03 Motion denied.
Circuit Court – 3.853 Motion
CC #76-532
03/18/03 Motion filed.
07/15/03 Motion denied.
Florida Supreme Court – 3.853 (DNA) Motion Appeal
FSC #03-1554
908 So.2d 321 (Fla. 2005)
09/02/03 Appeal filed.
04/28/05 FSC affirmed the denial of Sireci’s 3.853 Motion.
07/15/05 Rehearing denied.
08/01/05 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 05-6987
546 U.S. 1077
10/12/05 Petition filed.
12/12/05 Petition denied.
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 09-14402
(Pending)
08/26/09 Appeal filed.
Death Warrant Information:
08/25/82 Governor Graham signed death warrant.
09/17/82 Stay of execution granted by trial court.
09/10/86 Governor Graham signed death warrant.
09/26/86 Stay of execution granted by trial court.
Clemency Hearing:
03/11/82 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition ofSentence:
The delay appears to arise from the length of time (fouryears) taken to decide the original Direct Appeal, as well as thefive-and-a-half years (06/21/93 – 02/09/99) to decide a 3.850 Motion.
Case Information:
Sireci filed a Direct Appeal in the Florida Supreme Court on01/14/77 citing fifteen issues. The FSC affirmed the conviction andsentence on 04/09/81.
Sireci filed a Petition for Writ of Certiorari in the U.S. SupremeCourt on 09/08/81, which was denied on 05/17/82.
On 08/25/82, Governor Graham signed a death warrantscheduling the execution for 09/24/82.
Sireci filed a federal Petition for Writ of Habeas Corpusand Stay of Execution in the U.S. District Court on 09/07/82. The USDCdismissed the Petition and denied the stay on 09/16/82.
Sireci filed a 3.850 Motion in the Circuit Court on09/08/82. A Stay of Execution was ordered on 09/17/82 and was vacated on03/20/84. The 3.850 Motion was denied on 11/03/83.
Sireci filed a 3.850 Motion Appeal in the Florida SupremeCourt on 01/06/84, citing the following issues: exclusion of non-statutorymitigating circumstances, racial discrimination, ineffective assistance ofcounsel, and an unconstitutional sentencing system. The FSC affirmed thedenial of the 3.850 Motion on 03/21/85.
Sireci filed a Petition for Writ of Certiorari in the U.S.Supreme Court on 06/12/85, which was denied on 06/30/86.
On 09/10/86, Governor Graham signed a death warrant, and theexecution was scheduled for 10/07/86.
Sireci filed a 3.850 Motion in the Circuit Court on07/28/86. On 09/26/86, the trial court ordered an evidentiary hearing tobe held and stayed the execution pending the outcome of the hearing. On08/21/87, the trial court vacated the death sentence.
Sireci filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 09/25/86, again citing racial discrimination insentencing. The FSC denied the Petition on 01/05/87.
On 09/26/87, the state filed an appeal of the trial court’sorder for an evidentiary hearing. The FSC affirmed the lower court’sorder on 01/05/87.
The State filed a 3.850 Motion Appeal on 07/24/87, appealingthe vacating of the death sentence. The FSC affirmed the trial court’s grantingof the 3.850 Motion and the vacating of the sentence on 12/22/88.
On 05/04/90, Sireci was resentenced to death. The juryrecommended the death penalty by a vote of 11 to 1.
Sireci filed a Direct Appeal with the Florida Supreme Courton 05/16/90. Sireci contended the following issues: the trial court erred bynot allowing Sireci to waive the jury sentence recommendation; the trial courterred in denying a motion for mistrial; the use of the cold, calculated andpremeditated aggravating circumstance was ex post facto; the trial court erredin rejecting mitigating circumstances; the jury’s death penalty recommendationwas unreliable; and Florida’s sentencing statute was unconstitutional. The FSC affirmed the death sentence on 09/19/91.
Sireci filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 01/24/92. The Petition was denied on 03/23/92.
Sireci filed a 3.850 Motion in the Circuit Court on 06/21/93.He raised thirty-three claims. The Motion was denied on 02/09/99.
Sireci filed a federal Petition for Writ of Habeas Corpus inthe United States District Court on 05/09/97. The Petition was denied on03/01/99.
Sireci filed a 3.850 Motion Appeal in the Florida SupremeCourt on 03/19/99, citing twenty-nine claims. The Motion was denied on09/07/00.
Sireci filed a 3.850 Motion in the Circuit Court on12/06/00, which was denied on 10/10/01.
Sireci filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 06/25/01. Sireci contended the following issues:claims of ineffective assistance of counsel, challenging the constitutionalityof the death penalty statute of Florida, and cruel and unusualpunishment. The FSC denied the Petition on 02/28/02.
Sireci filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Middle District of Florida, on 10/03/02. On10/16/02, the case was administratively closed pending exhaustion of stateremedies. On 03/05/03, the case was reopened. On 08/04/03, Sirecifiled a motion to stay proceedings until a DNA testing request was is settledin state court. The Florida Supreme Court issued an order directingadministrative closure pending resolution of state proceedings on 08/12/03. On 01/11/06, the case was reopened. On 07/24/06, Sireci filed an AmendedPetition for Habeas Corpus. On 03/12/09, an order was issued denying Sireci’sHabeas Petition and dismissing the case with prejudice. On 03/20/09, Sirecifiled a Motion to Alter Judgment. This Motion was denied on 07/28/09.
Sireci filed a 3.850 Motion in the Circuit Court on10/08/02. Sireci contended issues raised in the United States Supreme Courtcase of Ring v. Arizona. The Trial Court denied the Motion on 01/10/03.
Sireci filed a 3.853 Motion in the Circuit Court on03/18/03, based on DNA testing of evidence. The Trial Court denied the Motionon 07/15/03.
Sireci filed a 3.853 Motion Appeal in the Florida SupremeCourt on 09/02/03. On 04/28/05, the Florida Supreme Court affirmed thedenial of Sireci’s 3.853 Motion.
On 10/12/05, Sireci filed a Petition for Writ of Certiorariin the United States Supreme Court. The petition was denied on12/12/05.
On 08/26/09, Sireci filed a Habeas Corpus Appeal in theUnited States Court of Appeals. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
06/30/79 30 POSS OF NARCOTICS FSP
12/14/80 30 DISOBEYING ORDER FSP
09/21/82 0 POSS OF NARCOTICS CENTRALOFFICE
03/18/83 0 POSS OF CONTRABAND FSP - WORK CAMP
08/30/91 30 POSS OF NEGOTIABLES FSP
09/17/97 180 REF. SUB. ABUSE TEST UNION C.I.
11/13/97 43 REF. SUB. ABUSE TEST UNION C.I.
12/04/97 0 POSS OF CONTRABAND UNION C.I.
________________________________________________________________________
Report Date: 06/22/01 JFL
Approved: 09/20/01 WS
Updated: 09/14/09 EMJ