The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.
HENRY, John (B/M)
DC # 053105
DOB: 01/16/51
Sixth Judicial Circuit, Pasco County Case # 85-2685
Sentencing Judge: The Honorable Ray Ulmer
Trial Attorney: Robert Focht
Attorney, Direct Appeal: A. Anne Owens – Assistant PublicDefender
Attorney, Collateral Appeals: Baya Harrison – Registry
Date of Offense: 12/22/85
Date of Sentence: 05/08/87
Date Resentenced: 10/18/91
Circumstances of the Offense:
John Henry murdered Suzanne Henry on December 22,1985. Henry was married to Suzanne, however, was living with a differentwoman. On the day of the murder, Henry went to the house he had sharedwith Suzanne in Pasco County to discuss what presents he would get for EugeneChristian, her 5-year-old child from a previous marriage. An argumentensued concerning Henry’s present living situation and resulted in Henrystabbing Suzanne with a kitchen knife numerous times in the throat. Heleft the Pasco County house and took Christian with him. Henry drove toHillsborough County with the child and, approximately nine hours later, killedChristian by stabbing him repeatedly in the throat with the same knife hekilled Christian’s mother.
Henry was first arrested for the murder of Suzanne and, whenapprehended, admitted to knowing where Christian’s body was. Henryconfessed to both murders and led police to the place in Hillsborough Countywhere they found the child’s body.
Additional Information:
Henry had previously been convicted of second-degree murderin the stabbing death of his first wife and sentenced to 15 years in prison.
Trial Summary:
01/16/86 Indicted with one count of First-Degree Murder
04/22/87 Defendant was found guilty by the trial jury
04/24/87 The jury recommended death by a vote of 12-0
05/08/87 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
01/03/91 FSC remanded to trial court for new trial
Retrial Summary:
10/11/91 Defendant was found guilty by the trial jury
10/11/91 The jury recommended Death by a vote of 12-0
10/18/91 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC#70,816
574 So. 2d 73
07/06/87 Appeal filed.
01/03/91 FSC reversed the conviction and sentence and remanded for a new trial.
02/04/91 Mandate issued.
Florida Supreme Court – Direct Appeal (resentencing)
FSC#78,934
649 So. 2d 1366
11/18/91 Appeal filed.
12/15/94 FSC affirmed the conviction and sentence.
02/09/95 Rehearing denied.
03/15/95 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC#94-9296
516 U.S. 830
05/03/95 Petition filed.
10/02/95 Petition denied.
State Circuit Court – 3.850 Motion
CC#85-2685
03/31/97 Motion filed.
03/21/02 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC#02-1158
862 So. 2d 679
05/24/02 Appeal filed.
10/09/03 FSC affirmed trial court’s denial of 3.850.
12/19/03 Rehearing denied.
01/20/04 Mandate issued.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC#04-168
01/29/04 Petition filed.
05/24/06 USDC denied petition.
United States Court of Appeals, 11th Circuit—HabeasAppeal
USCA # 06-13821
490 F.3d 835
06/12/06 Appeal filed.
07/31/07 Appeal denied.
Factors Contributing to the Delay in Imposition ofSentence:
The Direct Appeal took three years for a decision to berendered. The second Direct Appeal, which resulted from a new trial, tookfour years for a decision to be rendered. The Circuit Court 3.850 motiontook five years for a decision to be rendered.
Case Information:
A Direct Appeal was filed on 07/06/87. Issues that wereraised included whether the trial court erred in not granting his motion foracquittal because the state failed to present sufficient evidence ofpremeditation; whether the trial court erred in not suppressing Henry’sconfession because during the course of the investigation he told one policeofficer that he did not wish to speak to him; whether the trial court erred inadmitting extensive testimony and documentary evidence concerning the killingof Eugene Christian. The Florida Supreme Court found most of the claimseither without merit or harmless. However, the Florida Supreme Courtruled that it was unnecessary to admit the abundant information concerningChristian’s murder and therefore reversed the conviction and sentence of deathon 01/03/91 remanded the case for a new trial.
A second Direct Appeal was filed on 11/18/91. Issuesthat were raised included whether the trial court erred by allowing certainhearsay testimony relating to the murder of Henry’s first wife, whether thetrial court erred in the instructing the jury on felony murder even though thetrial court found that the murder was not committed during the course of afelony, and whether the trial court erred by failing to properly consider allmitigating evidence provided by the defense. The Florida Supreme Courtfound all claims either harmless or without merit and affirmed the convictionand sentence of death on 12/15/94.
A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 05/03/95 and denied on 10/02/95.
The 3.850 Motion was filed with the circuit court on03/31/97 and was denied on 03/21/02.
A 3.850 Appeal was filed with the Florida Supreme Court on05/24/02 and denied on 10/09/03.
A Petition for Writ of Habeas Corpus was filed with theUnited States District Court, Middle District on 01/29/04. On 05/24/06,the USDC denied the petition.
On 06/12/06, Henry filed a Habeas Appeal in the UnitedStates Court of Appeals, 11th Circuit, which was denied on 07/31/07.
The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.
HENRY, John (B/M)
DC# 053105
DOB: 01/16/51
Thirteenth Judicial Circuit, Hillsborough County Case #85-14273
Sentencing Judge: The Honorable Donald C. Evans
Trial Attorneys: Brian Donerly, Raybun Stone – AssistantPublic Defenders
Attorney, Direct Appeal: Robert Moeller – Assistant PublicDefender
Attorney, Collateral Appeals: Baya Harrison & BjornBrunvand – Registry
Date of Offense: 12/22/85
Date of Sentence: 04/15/87
Date Resentenced: 10/16/92
Circumstances of the Offense:
John Henry murdered his stepson, Eugene Christian onDecember 22, 1985. Henry was married to Suzanne Henry, but was livingwith a different woman. On the day of the murder, Henry went to the househe had shared with Suzanne in Pasco County to discuss what presents he wouldget for Christian, her 5-year-old child from a previous marriage. Anargument ensued concerning Henry’s present living situation, which resulted inHenry stabbing Suzanne with a kitchen knife numerous times in the throat. He left the Pasco County house and took Christian with him.
Henry drove to Hillsborough County with Christian andstopped along the way to buy the child a snack and then to buy some cocaine forhimself. At one point, Henry stated that he thought he saw flashinglights behind his vehicle, and he proceeded to pull over into an isolatedarea. Henry smoked cocaine while Christian was sitting on his knee, andapproximately nine hours later, Henry killed Christian by stabbing himrepeatedly in the throat with the same knife he killed used to kill Christian’smother.
Henry was first arrested for the murder of Suzanne, and whenapprehended, admitted to knowing where Christian’s body was. Henryconfessed to both murders and led police to the place in Hillsborough Countywhere they found the child’s body.
Additional Information:
Henry had previously been convicted of second-degree murderin the stabbing death of his first wife and sentenced to 15 years in prison.
Trial Summary:
01/15/86 Indictedwith one count of First-Degree Murder
04/11/87 Defendant was found guilty by the trial jury
04/13/87 The jury recommended Death by a vote of 10-2
04/15/87 Defendant was sentenced as follows:
Count I: First-Degree Murder –Death
01/03/91 FSC remanded case to trial court for new trial
Trial II Summary:
08/28/92 Defendant was found guilty by the trial jury
08/31/92 The jury recommended death by a vote of 11-1
10/16/92 Defendant was sentenced as follows:
Count I: First-Degree Murder –Death
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC#70,554
574 So. 2d 66
05/18/87 Appeal filed.
01/03/91 FSC reversed the conviction and sentence and remanded for a new trial.
02/27/91 Rehearing denied.
04/01/91 Mandate issued.
Florida Supreme Court – Direct Appeal (resentencing)
FSC#80,941
649 So. 2d 1361
12/21/92 Appeal filed.
12/15/94 FSC affirmed the conviction and sentence.
02/14/95 Rehearing denied.
03/16/95 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC#94-9113
515 U.S. 1148
05/15/95 Petition filed
06/19/95 Petition denied
State Circuit Court – 3.850 Motion
CC#85-14273
03/31/97 Motion filed.
12/23/03 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-153
948 So.2d 609
02/02/04 Appeal filed.
10/12/06 FSC affirmed denial of the motion.
01/25/07 Rehearing denied.
02/12/07 Mandate issued.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC#07-406
03/06/07 Petition filed.
02/04/11 Petition denied.
Factors Contributing to the Delay in Imposition ofSentence:
The Direct Appeal took four years for a decision to berendered. The second Direct Appeal, which was filed after a new trial,took three years for a decision to be rendered. The 3.850 motion waspending for six years.
Case Information:
A direct appeal was filed on 05/18/87. Issues that were raisedincluded whether the trial court erred in not suppressing Henry’s confessionbecause during the course of the investigation he told one police officer thathe was not “saying nothing” to him; whether the trial court erred in strikingthe insanity defense, and whether the trial court had sufficient evidence toshow a kidnapping of Christian by Henry. The Florida Supreme Court foundmost of the claims either without merit or harmless. The Florida SupremeCourt however, ruled that because a majority of the justices believe thatreversible error was committed, albeit for different reasons, they found itnecessary to reverse the conviction and sentence of death on 01/03/91 andremanded the case for a new trial.
A second Direct Appeal was filed on 12/21/92. Issuesthat were raised included whether the trial court erred in admitting evidencefrom the murder of Henry’s first wife, whether the trial court erred inallowing the prosecution to improperly impeach a defense expert witness, andwhether the trial court had sufficient evidence to show a kidnapping ofChristian by Henry. The Florida Supreme Court found all claims eitherharmless or without merit and affirmed the conviction and sentence of death on12/15/94.
A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 05/15/95 and denied on 06/19/95.
A 3.850 Motion was filed with the circuit court on 03/31/97and was denied on 12/23/03.
A 3.850 Motion Appeal was filed with the Florida SupremeCourt on 02/02/04, raising allegations of ineffective assistance ofcounsel. On 10/12/06, the FSC affirmed the denial of the motion.
On 03/06/07, Henry filed a Writ of Habeas Corpus in theUnited States District Court, Middle District. This petition was denied on02/04/11.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINSTTHE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIMEDAYS LOST.
DATE DAYS VIOLATION LOCATION
06/21/94 0 PART.IN RIOTS UNION C. I.
________________________________________________________________________
Report Date: 11/27/01 cc
Approved: 01/08/02 ws
Updated: 02/22/11 CAR