The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

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These actions are effective July 1, 2011.

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Last NameFirst NamePictureDC NumberAgencyCase Summary
SchoenwetterRandy E20773CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
12/8/2008FSC08-22713.851 Appeal filed
6/5/2009FSC08-2271Initial brief filed
8/28/2009FSC08-2271Answer brief filed
10/26/2009FSC08-2271Reply brief filed
2/18/2010FSC08-2271Oral Arguments held 02/09/10
7/1/2010FSC08-2271FSC affirmed denial of 3.851 Motion
7/15/2010FSC08-2271Motion for Rehearing filed
7/26/2010FSC08-2271Response filed
10/6/2010FSC08-2271Motion denied
10/22/2010FSC08-2271Mandate issued
6/5/2009FSC09-955Habeas petition filed
8/28/2009FSC09-955Response brief filed
2/18/2010FSC09-955Oral Arguments held 02/09/10
7/1/2010FSC09-955Petition denied
7/15/2010FSC09-955Motion for Rehearing filed
7/26/2010FSC09-955Response filed
10/6/2010FSC09-955Motion denied
10/26/2010USDC-M10-01582Petition for Writ of Habeas Corpus filed

Current Attorney


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. 



DC#     E20773

DOB:   10/27/81


­­Eighteenth Judicial Circuit, Brevard County, Case #00-41829

Sentencing Judge: The Honorable Jack Griesbaum

Attorney, Trial: George McCarthy – Assistant Public Defender

Attorney, Direct Appeal: Christopher S. Quarles – AssistantPublic Defender

Attorney, Collateral Appeals: James Driscoll & DavidHendry – CCRC-M


Date of Offense: 08/12/00

Date of Sentence: 12/05/03


Circumstances of Offense:


On 08/12/00, Randy Schoenwetter broke into the Friskeyresidence with the admitted intentions of forcing one or both of theirdaughters to have sex with him.  Schoenwetter was friends with theFriskey’s oldest son and had spent the night at the residence several times.Schoenwetter had spent the previous year riding his bike around town peepinginto windows and fantasizing.  He also broke into homes for excitement. 


Schoenwetter entered the Friskey residence through a slidingglass door.  He took a foot-long kitchen knife and wandered around thehouse.  Schoenwetter went to Theresa’s bedroom which was locked, so hecontinued into the bedroom of the youngest daughter, 10-year-oldVirginia.  Virginia woke up when Schoenwetter entered her room andshrieked. The noises woke up her mother, Haesun, who then got up to check onVirginia.  From the hallway, Haesun saw Schoenwetter standing by herdaughter’s bed touching her.  Haesun yelled at Schoenwetter and cannotremember much of what happened next, except that she and Ronald Friskeyattacked Schoenwetter, and he fought back with the knife.  After thefight, Schoenwetter went back into Virginia’s room and killed her since she hadrecognized him and called him by his first name. Schoenwetter then left thehouse the same way he entered and rode his bicycle back to his apartment. At his apartment, he took a shower and put the knife, his bloody clothes, andshoes in a bag, which he then threw in a dumpster. The articles were laterretrieved by detectives. 


The Friskey’s 16-year-old daughter, Theresa, was in thehouse during the attack, but was not harmed.  She had peaked outside herbedroom when she heard the commotion, then locked her door, called 911, and hidin a closet.  She reported to 911 that she did not know what was happeningbut to send help. 

After the attack, Robert stumbled to the neighbor’s house inhis underwear and had his neighbor call 911. Robert died at his neighbor’shouse before paramedics arrived. Virginia also died that night from stabwounds.  Haesun Friskey, however, miraculously survived the attack. Haesun had stab wounds to her abdomen, liver, chest, arms, back, face, andneck.  Schoenwetter says the fight is a blur, and he can just rememberthat when Ronald and Haesun attacked him, he flailed wildly with theknife.     


Detectives followed a blood trail from the Friskey residenceto the apartment complex that Schoenwetter lived at with his mother.  Schoenwetterwas interviewed and brought down to the police station.  At the station,in a video-taped interview, Schoenwetter admitted to committing the crimes.Schoenwetter accepted complete responsibility for his actions and pled guiltyto all the charges of his indictment.   


Additional Information:


Three mental health experts provided testimony thatSchoenwetter suffers from significant mental problems: Asperger’s Syndrome,which is a form of autism, and attention deficit hyperactivity disorder (ADHD). Schoenwetter’s PET scan confirmed the Asperger’s Syndrome diagnosis byrevealing an abnormal frontal lobe.  Schoenwetter’s type of neurologicaldisorder prevented him from reaching emotional maturity. He has an emotionalmaturity level equivalent to an 11- or 12-year-old.  The prosecutors,however, contended that Schoenwetter is smart, cold and calculating, with anI.Q. of around 130.


Trial Summary:


08/29/00         Indicted as follows:

                                   Count I:           First-DegreeMurder (Virginia Friskey)

                                   Count II:         First-Degree Murder(Ronald Friskey)

                                   Count III:        Attempted First-DegreeMurder (Haesun Friskey)

                                   Count IV:        Armed Burglary

03/05/03         Schoenwetter pled guilty to all charges of the indictment.

09/25/03         Jury recommended death by a vote of 10 to 2 for the murder of Virginia Friskeyand 9 to 3 for the murder of Ronald Friskey.

12/05/03         Sentenced as follows:

CountI:           First-DegreeMurder (Virginia Friskey) – Death

                                   Count II:         First-Degree Murder(Ronald Friskey) – Death

                                   Count III:        Attempted First-DegreeMurder – Life

                                   Count IV:        Armed Burglary – Life

                                    Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 04-53

931 So. 2d 857


01/14/04         Appeal filed

04/27/06         FSC affirmed convictions and sentence

06/08/06         Rehearing denied

06/26/06         Mandate issued


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 06-6410

127 S. Ct. 587


09/06/06         Petition filed

11/13/06         USSC denied petition


Circuit Court – 3.851 Motion

CC# 00-CF-041829


10/30/07         Motion filed

02/19/08         Motion amended

11/07/08         Motion denied


Florida Supreme Court – 3.851 Appeal

FSC# 08-2271

46 So.3d 535


12/08/08         Appealfiled

07/01/10          FSC affirmed denial of postconvictionmotion

07/15/10          Motion for Rehearing filed

10/06/10          Motion denied

10/22/10          Mandate issued


Florida Supreme Court – Habeas Petition

FSC# 09-955

46 So.3d 535


06/05/09         Petitionfiled

07/01/10          Petition denied

07/15/10          Motion for Rehearing filed

10/06/10          Motion denied


United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC# 10-01582



10/26/10          Petition filed


Case Information:


On 01/14/04, Schoenwetter filed a direct appeal with theFlorida Supreme Court.  In his appeal, Schoenwetter argued that erroroccurred when the trial court denied his motion to suppress his confession. Schoenwetter claimed that his constitutional right to effective assistanceof counsel was violated by denying his counsel’s motion to withdraw.  Healso contended that error occurred in allowing a medical examiner who did notperform the autopsies to testify.  He also argued that denying his motionfor mistrial when the prosecutor deliberately misled the jury aboutSchoenwetter’s lack of significant criminal history and denying his motion todisqualify the judge were erroneous.  An argument was made that admittinginflammatory photographs that were not relevant should have not takenplace.  Schoenwetter contended that his death sentences were impermissiblyimposed since the court included improper aggravating circumstances, excludedexisting circumstances, and failed to properly find that the mitigatingcircumstances outweighed the aggravating circumstances, rendering the deathsentences unconstitutional.   Schoenwetter’s final arguments werethat the court placed a higher burden of persuasion on the defense to provelife imprisonment as an appropriate sentence than the state to prove death andthat the death sentences were unconstitutional since the jury did not give aunanimous death recommendation.  On 04/27/06, the Florida Supreme Courtaffirmed Schoenwetter’s convictions and sentence.


On 09/06/06, Schoenwetter filed a Petition for Writ ofCertiorari in the United States Supreme Court that was denied on 11/13/06.


On 10/30/07, Schoenwetter filed a 3.851 Motion in theCircuit Court.  This 3.851 Motion was amended on 02/19/08.  On11/07/08, the 3.851 Motion was denied in the Circuit Court.


On 12/08/08, Schoenwetter filed a 3.851 Appeal in theFlorida Supreme Court.  The FSC affirmed the denial of the postconvictionmotion on 07/01/10. A motion for rehearing was filed on 07/15/10. The motionwas denied on 10/06/10. A mandate was issued on 10/22/10.


On 06/05/09, Schoenwetter filed a Habeas Petition in theFlorida Supreme Court. This petition was denied on 07/01/10. A motion forrehearing was filed on 07/15/10. The motion was denied on 10/06/10.


Schoenwetter filed a Petition for Writ of Habeas Corpus inthe United States District Court, Middle District on 10/26/10. This petition iscurrently pending.




Report Date:   07/10/06         DDK

Approved:       07/13/06         JFL

Updated:         04/12/11         EMJ