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.
KELLEY, William Harold (W/M)
DC# 093417
DOB: 12/08/42
Tenth Judicial Circuit, Highlands County Case# CR81-535
Sentencing Judge: The Honorable E. Randolph Bentley,Jr.
Attorney, Trial: William Kunstler,Jack Edmund – Assistant Public Defender
Attorney, Direct Appeal: Barry Haight,Donald Ferguson – Private
Attorney, Collateral Appeals: Christine R. Davis &David Loftis – Private
Date of Offense: 10/03/66
Date of Sentence: 04/02/84
Circumstances of the Offense:
William Harold Kelley was convicted of the murder of CharlesVon Maxcy. He was hired to kill him by CharlesVon Maxcy’s wife, Irene Von Maxcyand her lover, John Sweet. On 10/03/66, Charles Von Maxcywas fatally stabbed and shot in his residence by Kelley. Irene Von Maxcy and Sweet planned to live together off of thevictim’s inheritance, which was over a million dollars.
After Sweet was released due to insufficient evidence, thecase remained dormant for over 10 years. In 1981, Sweet became involvedin illegal mob activity in Massachusetts. Upon being questioned by thepolice, Sweet offered testimony on the murder of Von Maxcyin return for immunity. Kelley’s prosecution was based mainly on thistestimony.
Kelley’s first trial ended in a mistrial because the jurywas unable to reach a verdict. Kelley’s second trial began in March of1984 and resulted in a guilty verdict on first-degree murder, with arecommendation for the death penalty.
Codefendant Information:
Sweet was originally indicted and tried for the murder ofCharles Von Maxcy. His first trial ended in amistrial. In the second trial, he was convicted and sentenced to lifeimprisonment. Irene Von Maxcy later recantedher testimony regarding Sweet’s involvement in the murder, and Sweet’s sentencewas reversed on appeal. Irene Von Maxcy servedfour and a half years for perjury.
Trial Summary:
12/16/81 Indicted as follows:
Count I: First-Degree Murder (Charles Von Maxcy)
03/30/84 Jury returned guilty verdicts on all counts of the indictment.
04/02/84 Jury recommended death by a vote of 8-4.
04/02/84 Sentenced as follows:
Count I: First-Degree Murder (Charles Von Maxcy) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 65,134
486 So.2d 578 (Fla. 1986)
04/02/84 Appeal filed
04/10/86 FSC affirmed the convictions and sentence
05/19/86 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 86-106
486 So 2d 578
07/09/86 Petition filed
10/06/86 Petition denied
State Circuit Court – 3.850 Motion
CC# CR81-535
11/30/87 Motion filed
09/06/88 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 73,088
569 So. 2d 754 (Fla. 1990)
09/08/88 Appeal filed
09/06/90 Denial of 3.850 affirmed
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 77,708
597 So. 2d 262 (Fla. 1992)
04/08/91 Petition filed
03/12/92 Petition denied
05/26/92 Rehearing denied
United States District Court, Southern District –Petition for Writ of Habeas Corpus
USDC# 92-14246
222 F. Supp.2d 1357 (2002)
10/02/92 Petition filed
09/19/02 Petition granted, remanded for retrial
United States Court of Appeals – Petition for Writ ofHabeas Corpus Appeal
USCA# 03-10513
377 F.3d 1317
08/15/03 Appeal filed
06/23/04 Reversed USDC’s decision granting Habeas petition
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-1903
874 So.2d 1192 (Fla. 2004)
10/24/03 Petition filed
05/04/04 Petition denied
State Circuit Court – 3.853 Motion(DNA)
CC# CR81-535
01/18/06 Motion filed
06/06/06 Evidentiary hearing held
06/29/06 Order denying Kelley’s 3.853 Motion.
Florida Supreme Court – 3.853 Appeal
FSC# 06-1574
974 So.2d 1047
08/08/06 Appeal filed
10/25/07 Denial affirmed
11/09/07 Motion for Rehearing filed
02/04/08 Rehearing denied
02/20/08 Mandate issued
State Circuit Court – 3.851 Motion
CC# CR81-535
05/09/07 Motion filed
12/20/07 Motion denied
01/04/08 Motion for Rehearing filed
02/05/08 Rehearing denied
Florida Supreme Court – 3.851 Appeal
FSC# 08-608
3 So.3d 970
03/27/08 Appeal filed
01/22/09 Disposition affirmed, Appeal denied
02/06/09 Motion for Rehearing filed
02/25/09 Rehearing denied
03/13/09 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 08-1083
3 So.3d 970
06/10/08 Petition filed
01/22/09 Petition denied
02/06/09 Motion for Rehearing filed
02/25/09 Rehearing denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 09-53
130 S.Ct.397
07/17/09 Petition filed
10/13/09 Petition denied
Clemency Hearing:
02/10/88 Denied
Factors Contributing to Delay in the Imposition of theSentence:
It took approximately ten years for the United StatesDistrict Court to grant Kelley’s Habeas petition. The delay was due toKelley’s abundant amount of hearings, three changes of attorney and motions toextend time.
Case Information:
Kelley filed his Direct Appeal to the Florida Supreme Courton 04/02/84. Kelley contended that evidence that could have been used inhis defense was destroyed five years before his indictment which violated hisdue procedural rights. Error occurred in allowing a witness to testifyabout an alleged conversation, failing to answer a question addressed to thecourt by the jury during its deliberations, and violating his sixth amendmentright of effective assistance of counsel. Kelly also contended improperinstruction to jurors regarding note-taking, violations of his Miranda rightsand that misleading comments were made by the judge during jurors’ deadlockinstructions. The Florida Supreme Court affirmed the conviction andsentence on 04/10/86.
On 07/09/86, Kelley filed a petition for Writ of Certiorarito the United States Supreme Court. The petition was denied on 10/06/86.
Kelley filed a 3.850 Motion to the Circuit Court on11/30/87. On 09/06/88, the motion was denied.
On 09/08/88, Kelley filed a 3.850 Appeal to the FloridaSupreme Court, which was denied on 09/06/90.
On 04/08/91, a Petition for Writ of Habeas Corpus was filedto the Florida Supreme Court. On 03/12/92, the petition was denied. A motion for rehearing was denied on 05/26/92.
On 10/02/92, a Petition for Writ of Habeas Corpus was filedto the United States District Court, Southern District. The petition wasgranted because of numerous nondisclosures of material and exculpatory evidenceby the state which was needed to establish Brady violations. Thecumulative effect of the Brady violations prejudiced Kelley and warranted a newtrial. On 09/19/02, the petition was granted and the case was remandedfor a new trial.
On 08/15/03, the State appealed the decision of the UnitedStates District Court to the United States Court of Appeals. The Courtheld that the failure to disclose certain documents did not violate Brady,individually or cumulatively, and therefore reversed the United States DistrictCourt’s decision granting habeas petition on 07/23/04.
On 10/24/03, a Petition for Writ of Habeas Corpus was filedto the Florida Supreme Court. The petition was denied on 05/04/04.
On 01/19/06, Kelley filed a 3.853 Motion (DNA) to theCircuit Court. The evidentiary hearing was held on 06/06/06. On06/29/06, the lower court issued an order, denying Kelley’s 3.853 Motion.
On 08/08/06, Kelley filed a 3.853 Appeal to the FloridaSupreme Court. On 10/25/07, the Florida Supreme Court issued an opinionaffirming the circuit court’s denial of Kelley’s motion for postconvictionDNA testing. Kelley filed a Motion for Rehearing in the Florida SupremeCourt on 11/09/07 which was denied on 02/04/08. On 02/20/08, the FloridaSupreme Court issued a mandate commanding proceedings be had in accordance withthe 10/25/07 opinion.
On 05/09/07, Kelley filed a 3.851 Motion in the StateCircuit Court. This motion was denied on 12/20/07. On 01/04/08,Kelley filed a Motion for Rehearing, which was denied on 02/05/08.
On 03/27/08, Kelley filed a 3.851 Appeal to the FloridaSupreme Court. On 01/22/09, the Florida Supreme Court affirmed thedisposition of the lower court and denied the appeal. On 02/06/09, Kelleyfiled a Motion for Rehearing, which was denied on 02/25/09. The FloridaSupreme Court issued a mandate in this case on 03/13/09.
On 06/10/08, Kelley filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. On 01/22/09, the Florida SupremeCourt denied the Habeas Petition. On 02/06/09, Kelley filed a Motion forRehearing, which was denied on 02/25/09.
On 07/10/09, Kelly filed a Petition for Writ of Certiorariin the United States Supreme Court. This petition was denied on 10/13/09.
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Report Date: 10/08/04 DDK
Approved: 10/08/04 JFL
Updated: 02/02/10 EMJ