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.
SLINEY, Jack (W/M)
DC # 905288
DOB: 12/23/72
Twentieth Judicial Circuit, Charlotte County, Case#92-451-CF
Sentencing Judge: The Honorable Donald E. Pellecchia
Attorney, Trial: Kevin C. Shirley, Esquire
Attorney, Trial: Mark A. Cooper – Assistant Public Defender(as of 03/03/94)
Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender
Attorney, Collateral Appeals: Thomas Ostrander – Registry
Date of Offense: 06/18/92
Date of Sentence: 02/14/94
Circumstances of Offense:
Jack R. Sliney was convicted and sentenced to death for themurder of a pawnshop owner, George Blumberg.
On 06/18/92, Marilyn Blumberg discovered her husband, GeorgeBlumberg, dead behind the counter of the pawnshop that they owned and rantogether. He had received blunt head trauma, possibly from being hit witha camera, had been stabbed three times in the neck with a pair of scissors, andhad been hit several times in the head with a hammer. The one relevantfingerprint found by police belonged to Keith Witteman, whom Sliney implicatedin his testimony.
Witness, Kenneth Dobbins, testified that he saw two youngmen enter the store and speak with Blumberg about a piece of jewelry. Composite sketches were drawn from Dobbins’ description. An officershowed the sketch to his stepdaughter’s boyfriend, Thomas Capeles, because hewas in the same age group as the suspects and might know them. Capelesdid not recognize either individual. Capeles, however, later contactedthe officer because Jack Sliney, manager of Club Manta Ray, offered to sell hima gun, and Sliney looked similar to one of the men in the composite sketches.
Capeles agreed to assist in the investigation, and acontrolled gun buy was arranged. The serial number of the gun that wasbought from Sliney matched the gun registry from the Blumberg’s pawnshop. Another controlled gun buy was arranged, and these guns also matched thepawnshop registry. Sliney was arrested shortly after the second gun sale.
Sliney confessed to the murder of Blumberg in both a tapedoral statement and in a written statement. Sliney told officers that heand Witteman went into the store and argued with Blumberg over the price of anecklace. He reported that Witteman told him to hit Blumberg and thensaid that he would have to kill Blumberg because the victim could identifythem. Sliney admitted to hitting Blumberg in the head with a camera,stabbing him with scissors, and finally hitting him with a hammer. Duringthe trial, Sliney testified that Witteman killed Blumberg, which contradictedhis original statement to the police.
Codefendant Information:
Keith Witteman
Keith Witteman was convicted and sentenced to Life forFirst-Degree Murder during the Commission of a Felony. He also wassentenced to ten years for Robbery with a Deadly Weapon.
Trial Summary:
07/03/92 Sliney was indicted on the following counts:
Count I: First-Degree Premeditated Murder
Count II: First-Degree FelonyMurder
Count III: Robbery with a DeadlyWeapon
10/01/93 Sliney was found guilty on all counts charged in the indictment.
11/04/93 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the deathpenalty.
02/14/94 Sliney was sentenced as follows:
CountI: First-DegreePremeditated Murder – Death
Count II: First-Degree Felony Murder – Nolle Prossed
Count III: Robberywith a Deadly Weapon – Life, less 607 days for time served
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #83,302
699 So. 2d 662
03/08/94 Appeal filed.
07/17/97 FSC affirmed the conviction and sentence.
09/18/97 Rehearing denied.
10/20/97 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #97-7235
522 U.S. 1129
12/17/97 Petition filed.
02/23/98 USSC denied the Petition.
Circuit Court – 3.850 Motion
CC #92-451-CF
02/19/99 Motion filed.
03/31/99 Amended Motion filed.
04/12/99 Amended Motion filed.
06/19/01 Consolidated Motion filed.
04/29/02 Evidentiary hearing held.
05/09/03 Evidentiary hearing held.
10/10/03 Amended Motion filed.
11/17/03 Amended Motion filed.
12/14/04 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC # 05-13
944 So. 2d 270
01/03/05 Appeal filed.
11/09/06 FSC affirmed the denial of the motion.
12/07/06 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 05-1462
944 So. 2d 270
08/19/05 Petition filed.
11/09/06 FSC denied the petition.
12/07/06 Mandate issued.
United States District Court, Middle District – HabeasPetition
USDC# 06-670
12/18/06 Petition filed.
09/22/10 Petition dismissed and denied withprejudice.
United States Court of Appeals, 11thCircuit – Habeas Appeal
USCA# 10-14965
(Pending)
10/25/10 Appeal filed.
Factors Contributing to the Delay in Execution ofSentence:
The Direct Appeal was pending for three and a half yearsprior to being decided. The 3.850 Motion was pending from 02/19/99 –12/14/04.
Case Information:
Sliney filed a Direct Appeal in the Florida Supreme Court on03/08/94. He raised several issues on Direct Appeal. Slineycontended that his confession was forced and should not have beenadmitted. Another issue was that the tape from the gun sale betweenCapeles and Sliney and the tape of Marilyn Blumberg’s 9-1-1 call should nothave been allowed. Sliney also argued that the trial court erred in notallowing inmates to testify that they heard Witteman, the codefendant, confess,not allowing adequate preparation time, and finding aggravating factors. Another issue argued was that the penalty of death was disproportionate to thecrime committed. The Florida Supreme Court did not find errors thatwarranted reversing the conviction or sentence and affirmed the conviction andsentence on 07/17/97. Rehearing was denied on 09/18/97. A mandatewas issued on 10/20/97.
Sliney filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 12/17/97. The United States Supreme Court deniedthe petition on 02/23/98.
On 02/19/99, Sliney filed a 3.850 Motion in the CharlotteCounty Circuit Court. Amended motions were filed on 03/31/99 and04/12/99. A consolidated motion was filed on 06/19/01. Evidentiaryhearings were held on 04/29/02 and 05/09/03. Amended motions were filedon 10/10/03 and 11/17/03. The motion was denied on 12/14/04.
On 01/03/05, Sliney filed a 3.850 appeal with the FloridaSupreme Court, citing allegations of ineffective assistance of counsel. On 11/09/06, the FSC affirmed the denial of the motion.
Sliney filed a petition for writ of habeas corpus in theFlorida Supreme Court on 08/19/05, citing allegations of ineffective assistanceof counsel. On 11/09/06, the FSC denied the petition.
On 12/18/06, Sliney filed a Habeas Petition in the UnitedStates District Court, Middle District. Grounds one, three, four, andfive of this petition were dismissed with prejudice; grounds two and six weredenied with prejudice on 09/22/10.
On 10/25/10, Sliney filed a Habeas Appeal in the UnitedStates Court of Appeals. This appeal is currently pending.
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Report Date: 12/31/01 SQ
Approved: 04/17/02 WS
Updated: 01/24/11 EMJ