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.
DESSAURE, Kenneth Louis (B/M)
DC# R05023
DOB: 01/28/78
Sixth Judicial Circuit, Pinellas County Case # 99-15522
Sentencing Judge: The Honorable Brandt Downey
Attorney, Trial: Michael Schwartzberg – Private
Attorney, Direct Appeal: Paul Helm – Assistant PublicDefender
Attorney, Collateral Appeals: James Driscoll – CCRC-M
Date of Offense: 02/09/99
Date of Sentence: 10/26/01
Circumstances of Offense:
On 02/09/99, Kenneth Dessaure called 911 to report that hefound a naked, dead woman in her apartment hallway. Dessaure told the 911operator that he went to the apartment of his neighbor, Cindy Riedweg, toborrow some ice, and he discovered the body. Riedweg’s body was lyingface down with her arms tucked under her body. The body had fifty-threewounds, including three bruises, fifteen scrapes and pick marks; sixteensuperficial cuts; fifteen deeper cuts; and four stab wounds. Multiplestab wounds to the torso and neck were the cause of death.
In a statement to police, Dessaure stated that he sawRiedweg sunbathing as he took out the trash. When he returned to hisapartment, he began washing dishes but cut his palm while washing aknife. Dessaure’s ice cube tray was empty, so he went next door toRiedweg’s apartment for some ice. He knocked on the door and yelled for“Cindy,” but the door was unlocked, so he entered the apartment. He foundRiedweg lying on the floor and left the apartment.
Forensic analysis of Dessaure’s clothing yielded bloodstains that matched Riedweg’s DNA profile, and a towel and comforter fromRiedweg’s apartment tested positive for semen that was matched toDessaure. A blood-stained knife was found in Dessaure’s kitchen.
According to two of Dessaure’s fellow inmates at thePinellas County Jail, Valdez Hardy and Shavar Sampson, Dessaure admitted to therape and murder of Cindy Riedweg.
Prior Incarceration History in the State of Florida:
Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
07/25/1996 | ROBB. GUN/DEADLY WPN(CONSPIRACY TO COMMIT) | 06/14/1999 | PINELLAS | 9612985 | 2Y 6M 0D |
Prior Community Supervision History in the State ofFlorida:
Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length |
07/26/1996 | ROBB. GUN/DEADLY WPN | 01/13/1997 | PINELLAS | 9612985 | 0Y 18M 0D |
07/26/1996 | ROBB. GUN/DEADLY WPN | 07/28/1997 | PINELLAS | 9612985 | 2Y 0M 0D |
Trial Summary:
08/26/99 Indicted as follows:
Count I: First-Degree Murder
09/05/01 Jury returned a guilty verdict
09/06/01 Jury recommendation waived
09/11/01 Penalty phase held
10/26/01 Sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 02-286
891 So.2d 455
02/07/02 Appeal filed
12/02/04 FSC affirmed conviction and sentence
12/22/04 Mandate issued
Circuit Court – 3.851 Motion
CC# 99-15522
02/28/06 Motion filed
02/05/09 Motion denied
Florida Supreme Court − 3.851 Appeal
FSC# 09-393
03/04/09 Appeal filed
10/07/10 Denialaffirmed
10/22/10 Motionfor rehearing
02/17/11 Motiondenied
03/07/11 Mandateissued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 09-1551
08/24/09 Petitionfiled
10/07/10 Petitiondenied
10/22/10 Motionfor rehearing
02/17/11 Motiondenied
United StatesDistrict Court – Petition for Writ of Habeas Corpus
USDC# 11-00500
(Pending)
03/09/11 Petitionfiled
Factors Contributing to the Delay in Imposition ofSentence:
The case progression appears to be within acceptable timeparameters.
Case Information:
On 02/07/02, Dessaure filed a Direct Appeal with the FloridaSupreme Court, citing the following trial court errors: denying a motion formistrial based on the prosecutor’s opening statement; refusing to allowevidence that two marijuana cigarettes were found in Riedweg’s apartment;refusing to allow the defense to present evidence that Riedweg’s boyfriendsmoked marijuana; allowing the State to argue that Dessaure was the source ofthe cigarette ash found in Riedweg’s sink; allowing the State to impeach thetestimony of two defense witnesses; denying a motion to exclude evidence regardingDessaure’s argument with his fiancée; allowing the defendant to waive a penaltyphase jury without a valid waiver; failing to allow a jury to make a sentencingrecommendation; failing to charge aggravating circumstances in the indictment;failing to have sufficient evidence to convict; and failing to sentenceproportionately. On 12/02/04, the FSC affirmed the conviction andsentence.
On 02/28/06, Dessaure filed a 3.851 Motion with the CircuitCourt that was denied on 02/05/09.
On 03/04/09, Dessaure filed a 3.851 Appeal with the FloridaSupreme Court. This appeal was denied on 10/07/10. On 10/22/10, Dessaure fileda motion for rehearing. That motion was denied on 02/17/11.
On 08/24/09, Dessaure filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court. This petition was denied on 10/07/10. On10/22/10, Dessaure filed a motion for rehearing. That motion was denied on02/17/11.
On 03/09/11, Dessaure filed a petition for Writ of HabeasCorpus in the United States District Court. That petition is pending.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
06/25/02 14 FIGHTING FLORIDA STATE PRISON
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Report Date: 01/11/05 JFL
Updated: 04/19/11 JJK