The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
GILLIAM, Burley Jr.(W/M)
DOB: 08/13/48
Eleventh Judicial Circuit, Dade County Case #82-14766
Sentencing Judge: The Honorable Theodore G. Mastos
Attorney, Trial: Pro Se, Standby Counsel: Stuart Adelstein& William Surowiec – Private
Attorney, Retrial: Ed Koch – Assistant Public Defender
Attorney, Direct Appeal: Sharon B. Jacobs – Private
Attorney, Direct Appeal (after retrial): Robin H. Greene –Private
Attorney, Collateral Appeals: Todd Scher – Registry
Date of Offense: 06/08/82
Date of Sentence: 02/01/85
Date of Resentence: 08/16/88
Circumstances of Offense:
Joyce Marlowe was last seen alive on the evening of 06/08/82, in the company of Burley Gilliam, Jr. Marlowe was a dancer at a strip clubwhere Gilliam went that evening, and she later left the club with him.
On the evening of 06/08/82, Sandy Burroughs was fishing on Twin Lakes when he heard a woman screaming. When he went to investigate thecommotion, Burroughs found Gilliam’s truck stuck in the sand, and a “very, verynervous” Gilliam, who kept saying, “I got to get out of here.”
Gilliam’s truck did not start after being extracted from thesand, so it was towed to a nearby garage for repairs. The next day, Burroughsnoticed that the lake area where he had found Gilliam was roped off, and whenhe inquired as to why, police told him that a woman had been raped and murderedthere.
Gilliam told police that he and Marlowe were swimming in thelake, when he had accidentally dunked Marlowe under the water for too long,drowning her. Gilliam also claimed to have unsuccessfully attempted toresuscitate Marlowe.
At trial, Gilliamemployed an insanity defense, arguing that he committed the rape and murderduring an epileptic seizure. In an effort to substantiate the claim, severalof Gilliam’s family members testified to what they believed to be a history ofseizures by Gilliam. Further, a doctor testified that Gilliam’s seizures left himunable to understand the nature and consequences of his actions at the lake,and Gilliam testified that he had no recollection of the events at the lake.
Additional Information:
During Gilliam’s originaltrial, he dismissed appointed counsel and was eventually allowed to proceed prose, with the assistance of standby counsel.
Trial Summary:
07/08/82 Indicted on the following charges:
CountI First-Degree Murder
CountII Sexual Battery
CountIII Grand Theft
02/01/85 Jury returned guilty verdicts on Counts Iand II of the indictment and a not
guiltyverdict on Count III of the indictment
Jury recommended a death sentence by a vote of 12-0
Sentenced as follows:
CountI First-Degree Murder – Death
CountII Sexual Battery – Life Imprisonment
11/05/87 FSC reversed convictions and sentences andremanded for a new trial
06/17/88 Jury returned guilty verdicts on Counts Iand II of the indictment
06/20/88 Jury recommended a death sentence by avote of 12-0
08/16/88 Sentenced as follows:
CountI First-Degree Murder – Death
CountII Sexual Battery – Life Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 66,850
514 So. 2d 1098
04/11/85 Appeal filed
11/05/87 FSC reversed convictions and sentences andremanded for a new trial
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC# 73,144
582 So. 2d 610
10/07/88 Appeal filed
05/02/91 FSC affirmed convictions and sentences
08/06/91 Rehearing denied
09/05/91 Mandate issued
Circuit Court – 3.850 Motion
CC# 82-14766
02/25/93 Motion filed
10/13/95 CircuitCourt denied motion in part
01/14/97 CircuitCourt denied motion in full
Florida Supreme Court – 3.850 Motion Appeal
FSC# 95,370
817 So. 2d768
04/19/99 3.850 Appeal filed
02/07/02 FSC affirmed denial of 3.850 Motion
06/25/02 Mandate issued
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 00-1438
817 So. 2d 768
07/06/00 Petition filed
02/07/02 FSCdenied petition
06/25/02 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-1122
874 So. 2d 1191
06/23/03 Petition filed
05/04/04 FSCdenied petition
U.S. District Court, Southern District –Petition for Writ of Habeas Corpus
USDC# 03-21717
06/24/03 Petitionfiled
10/28/05 USDCdenied petition
U.S. Court of Appeals, 11th Circuit –Petition for Writ of Habeas Corpus Appeal
USCA# 05-16638
11/23/05 Appealfiled
03/06/07 USCAaffirmed denial of petition
Factors Contributing to the Delay in Imposition ofSentence:
Gilliam’s resentencing, the3.850 Motion that was pending from 02/25/93–01/14/97, and the 3.850 MotionAppeal that was pending from 04/19/99 – 06/25/02 have all contributed to the delay in the case.
Case Information:
Gilliam filed a DirectAppeal with the Florida Supreme Court on 04/11/85, citing the following errors: denial of a right to challenge prospective jurors, failure to hold acompetency hearing, failure to suppress evidence from a search, failure tosuppress his confession, and failure to strike the medical examiner’stestimony. On 11/05/87, the FSC found that the denial of Gilliam’s right tochallenge prospective jurors constituted reversible error. Gilliam’sconvictions and sentenced were reversed, and the case was remanded to the courtfor a new trial.
Gilliam was resentencedto death on 08/16/88.
Gilliam filed a DirectAppeal with the Florida Supreme Court on 10/07/88, citing the followingerrors: denial of a motion to recuse the trial judge; denial of request forpost-verdict juror interviews; improper finding of the heinous, atrocious, orcruel murder aggravating circumstance; inclusion of hearsay evidence; failureto enumerate statutory mitigating evidence in the trial judge’s sentencingorder; and imposing a more serious sentence during resentencing. On 05/02/91, the FSC affirmed Gilliam’s convictions and sentences.
Gilliam filed a 3.850Motion with the Circuit Court on 02/25/93 that was denied in part on 10/13/95. The court denied all claims except Gilliam’s ineffective assistance ofcounsel claim and ordered an evidentiary hearing to be held. On 01/14/97, the court denied the remaining claim of the Motion.
Gilliam filed a 3.850Motion Appeal on 04/19/99 and a Petition for Writ of Habeas Corpus on 07/06/00, both with the Florida Supreme Court. In the 3.850 Appeal, Gilliam raisedtwenty-two issues, and in the Petition for Writ of Habeas Corpus, Gilliam raisedfour issues dealing with ineffective assistance of counsel. On 02/07/02, the FSC affirmed the denial of the 3.850 Motion and denied the Petition for Writof Habeas Corpus.
Gilliam filed a Petitionfor Writ of Habeas Corpus with the Florida Supreme Court on 06/23/03, raising Ring issues. On 05/04/04, the FSC denied the Petition.
Gilliam filed a Petitionfor Writ of Habeas Corpus with the U.S. District Court, Southern District, on06/24/03 that was denied on 10/28/05.
Gilliam filed a Petitionfor Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11thCircuit, on 11/23/05. On 03/06/07, the USCA affirmed the denial of thepetition.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
09/14/91 0 DISORDERLYCONDUCT FLORIDA STATE PRISON
Report Date: 05/29/03 JFL
Approved: 07/09/03 WS
Updated: 05/16/07 JFL