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.
BUZIA, John (W/M)
DOB: 06/06/60
Eighteenth Judicial Circuit, Seminole County Case # 00-923
Sentencing Judge: The Honorable Kenneth Lester
Attorney, Trial: Timothy Caudill & James Figgatt – Assistant Public Defender
Attorney, Direct Appeal: George D.E. Burden – AssistantPublic Defender
Attorney, Collateral Appeals: Hunter Harris Chamberlin –CCRC-M
Date of Offense: 03/14/00
Date of Sentence: 03/11/04
Circumstances ofOffense:
John Buzia performed odd jobsaround the residence and rental properties of Charles and TheaKersch. On the morning of 03/14/00, Buzia did not arrive at the Kerschresidence to work as scheduled. In a later police interview, Buzia stated that he intended to resolve a “money issue”with the Kersches by stealing money from them.
When Mrs. Kersch arrived at herresidence around 4:00 on the 14th, Buzia was waitingfor her. He told her that he needed to talk to her husband. After abrief conversation and without warning, Buzia struckMrs. Kersch several times with his fist, causingblood to spray from her nose. After he knocked her down, he kicked her,and she lost consciousness. He took her keys and removed $80 from herpurse, then dragged her into the back bedroom and covered her with ablanket. Buzia then searched the house andremoved a Mastercard from her purse.
Buzia heard the garage door openand assumed that Mr. Kersch had arrived. As Mr.Kersch entered the house through the garage entrance,Buzia struck him with his fist, causing Mr. Kersch to fall to the floor and hit his head on thetile. Mr. Kersch attempted to rise, Buzia struck him again with his fist, and Mr. Kersch again fell to the floor. Buziaremoved $100 from Mr. Kersch’s wallet.
Buzia removed an axe (eithersingle or double-edged) from the garage and struck Mr. Kerschonce in the head with the flat side of the axe. After hearing Mrs. Kersch groaning from the back bedroom, Buziawent to the back bedroom and also struck her once in the head with the flatside of the axe. During police questioning after his arrest, Buzia claimed that he struck the Kerscheswith the axe to allow himself more time to escape.
After attempting to clean up the house, Buziatook Mr. Kersch’s car keys and one of hist-shirts. Buzia then changed shirts and droveaway in Mr. Kersch’s car. Mrs. Kersch had called 911 after Buzia’sinitial attack, and a sheriff’s deputy responded after Buziafled. Mrs. Kersch identified Buzia as the attacker. Paramedics later arrived andtreated Mrs. Kersch for her injuries, but Mr. Kersch died from blunt force trauma to his head.
The following morning, Buzia wasarrested as he attempted to cash an $830 check from Mr. Kersch’saccount. Bank employees recognized the car’s description and licenseplate from television and newspaper reports regarding the Kersch’smissing car and called police, who arrested Buzia atthe bank.
Trial Summary:
04/04/00 Indicted as follows:
Count I: First-Degree Murder
Count II: AttemptedFirst-Degree Murder
Count III: Armed Burglary withAssault
Count IV: Armed Robbery
03/28/03 Jury returned guilty verdicts on all counts of the indictment
04/04/03 Jury recommended death by a vote of 8-4
03/11/04 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: AttemptedFirst-Degree Murder – Life Imprisonment
Count III: Armed Burglary withAssault – Life Imprisonment
Count IV: Armed Robbery – LifeImprisonment
Appeal Summary:
Florida SupremeCourt – Direct Appeal
FSC# 04-582
926 So. 2d 1203
04/01/04 Appeal filed
03/23/06 FSC affirmed convictions and sentences
04/13/06 Mandate issued
U.S. Supreme Court– Petition for Writ of Certiorari
USSC# 05-11730
127 S. Ct. 184
06/21/06 Petition filed
10/02/06 USSC denied petition
State CircuitCourt – 3.850 Motion
CC# 00-00923
08/30/07 Motionfiled
12/18/07 Motionamended
02/01/08 Motionamended
10/01/09 Motiondenied
Florida SupremeCourt – 3.850 Motion
FSC# 08-58
980 So.2d 1070
01/22/08 Emergencypetition filed
01/22/08 Motionfor stay of proceedings
04/03/08 Dismissedas moot
Florida SupremeCourt – 3.850 Motion Appeal
FSC #10-31
(Pending)
01/11/10 Appealfiled
Florida SupremeCourt – Petition for Writ of Habeas Corpus
FSC #10-1645
(Pending)
8/23/10 PetitionFiled
Factors Contributingto the Delay in Imposition of Sentence:
Four years elapsed between the offense date and sentencedate. The offense occurred on 03/14/00, yet the sentence was handed downon 03/11/04.
Case Information:
On 04/01/04, Buzia filed a DirectAppeal in the Florida Supreme Court, citing the following errors: finding the aggravatingcircumstances of avoiding arrest, HAC (heinous, atrocious, cruel), and CCP(cold, calculated, premeditated); finding that the death penalty is warranted;and using a sentencing procedure that violates Ring. On 03/23/06, the FSCaffirmed the convictions and sentences.
On 06/21/06, Buzia filed aPetition for Writ of Certiorari in the U.S. Supreme Court, which was denied on10/02/06.
On 08/30/07, Buzia filed a Motionfor Post-Conviction Relief in the State Circuit Court, which was denied on 10/01/09.
On 01/11/10, Buzia filed a 3.850Motion Appeal with the Florida Supreme Court, which is pending.
On 8/23/10, Buzia filed a Petitionfor Writ of Habeas Corpus with the Florida Supreme Court, which is pending.
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Report Date: 03/16/07 JFL
Updated: 10/18/10 JJK