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.
WILLIAMSON, Johnny (W/M)
DC # 096448
DOB: 10/25/42
Third Judicial Circuit, Dixie County, Case #85-130
Sentencing Judge: The Honorable L. Arthur Lawrence
Attorney, Trial: Daniel A. McKeever, Jr. – Special AppointedPublic Defender
Attorney, Direct Appeal: David Davis – Assistant PublicDefender
Attorney, Collateral Appeals: Harry Brody – Registry
Date of Offense: 06/20/85
Date of Sentence: 05/08/86
Circumstances of Offense:
Johnny Williamson, along with codefendants Omer Williamson(no relation) and “Chickenhead” Robertson were inmates at Cross CityCorrectional Institution at the time of the murder of inmate Daniel Drew. Johnny Williamson was serving a nine-year sentence for a 1984 robberyconviction.
While in prison, Johnny Williamson and Omer Williamson wereinvolved in the sale and distribution of drugs. Omer owed inmate DanielDrew $15 from a previous marijuana sale but decided not to give him the moneybecause he believed Drew was lying to him. Upon hearing this, Williamsontold Omer that they would have to kill Drew because he was a “country boy” andwould be a threat to Omer if the debt was not repaid. When anotherinmate, “Chickenhead” Robertson, learned that Williamson and Omer were planningto kill Drew, he offered to find a knife for them to use in the murder. When Robertson and Williamson were unable to locate a weapon, Omer returned tohis cell and removed a metal rod from his sink that had previously beensharpened to a point by Daniel Drew.
On 06/20/85, Williamson, Omer, and Robertson proceeded tothe maintenance shop where Drew was working and asked another inmate to sendhim out to talk to Williamson and Omer. Robertson was to act as a lookoutduring the confrontation. When Drew came outside, Williamson gave him $5,telling Drew that he was having difficulty getting the rest of the money andwould need a knife to obtain it. Drew then gave Williamson a knife he hadmade. At this point, Williamson signaled Omer, who grabbed Drew frombehind by the throat. Williamson stabbed him and a struggle ensued. Omer threw Drew to the ground, kicking him in the head. Afterwatching the beating for a short while, Omer became “grossed out,” gave themetal rod to Williamson, and left. Williamson then sat on top of Drew andstabbed him repeatedly with both the knife and the metal rod. After killingDrew, Williamson returned the knife to Robertson, who buried it underneath atree where it was later found. Williamson gave the metal rod to Omer, whoreturned it to his sink.
Williamson was indicted on 10/22/85 by a grand jury in DixieCounty for First-Degree Murder and Possession of Contraband (Knife) While in Prison. Williamson was found guilty of both charges and sentenced to death.
Codefendant Information:
All three inmates were charged with First-Degree Murder andPossession of Contraband. Omer Williamson pled guilty to the charges andagreed to testify against Williamson and Robertson in exchange for the Stateagreeing not to seek the death penalty. Williamson and Robertson weretried together. Robertson was found guilty of the Possession ofContraband Charge.
Trial Summary:
10/22/85 The defendant was indicted on thefollowing charges:
Count I: First-DegreeMurder (Daniel Drew)
Count II: Possessionof Contraband
04/09/86 The jury found the defendant guilty ascharged.
04/10/86 Uponadvisory sentencing, the jury, by an 11 to 1 majority, voted for the deathpenalty.
05/08/86 The defendant was sentenced as followed:
Count I: First-DegreeMurder (Daniel Drew) – Death
Count II: Possessionof Contraband – 15 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #68,800
511 So. 2d 289
05/21/86 Appeal filed.
07/16/87 Florida Supreme Court affirmed the convictions and sentence of death.
09/10/87 Rehearing denied.
10/21/87 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #87-5834
485 U.S. 929
11/09/87 Petition filed.
02/29/88 Petition denied.
State Circuit Court – 3.850 Motion
CC #85-130
11/03/89 Motion filed.
09/21/90 Motion denied.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #74,973
651 So. 2d 84
11/04/89 Petition filed.
11/10/94 Petition denied.
03/14/95 Rehearing denied.
03/14/95 Mandate issued.
Florida Supreme Court – 3.850 Appeal
FSC #76,860
651 So. 2d 84
10/31/90 Appeal filed.
11/10/94 Florida Supreme Court affirmed the denial of the 3.850 Motion.
03/14/95 Rehearing denied.
03/14/95 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #94-9687
516 U.S. 850
06/12/95 Petition filed.
10/02/95 Petition denied.
State Circuit Court – 3.850 Motion
CC #85-130
07/15/93 Motion filed.
01/02/97 Amended Motion filed.
07/30/97 Proceedings held in abeyance pending the resolution of Williamson’s
Federal Habeas.
06/17/03 Supplemental motion filed.
08/12/03 Supplemental motion filed.
07/28/04 Evidentiary Hearing held.
09/10/04 Motion denied.
United States District Court, Northern District –Petition for Writ of Habeas Corpus
USDC #95-10056
05/16/95 Petition filed.
02/03/98 Petition denied.
United States Court of Appeals, Eleventh Circuit –Habeas Appeal
USCA #98-2679
221 F. 3d 1177
05/14/98 Appeal filed.
08/08/00 United States Court of Appeals affirmed District Court’s denial of the
Petition for Writof Habeas Corpus.
01/30/01 Rehearing denied.
United States Supreme Court – Petition for Writ of Certiorari
USSC #01-5111
534 U.S. 903
06/29/01 Petition filed.
10/01/01 Petition denied.
Florida Supreme Court – 3.850 Appeal
FSC# 05-1527
961 So.2d 229
08/23/05 Appeal filed.
05/10/07 FSC affirmed denial of motion.
07/16/07 Rehearing denied.
08/02/07 Mandate issued.
Warrants:
09/27/89 Death Warrant signed by Governor Martinez.
06/12/90 Stay granted by the State Circuit Court.
Clemency:
06/23/88 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
Johnny Williamson filed a Petition for Writ of Habeas Corpusthat was pending for five years and a 3.850 Appeal that was pending for fouryears prior to the Florida Supreme Court denying all relief in a consolidatedopinion on 11/10/94. The largest source of delay in this case, however,was Williamson’s second 3.850 Motion, which was initially filed on 07/15/93 andamended 01/21/97. The proceedings were held in abeyance pending theresolution of Williamson’s Federal Habeas. On 06/17/03 and 08/12/03,supplemental motions were filed and an Evidentiary Hearing was held on07/28/04. The motion was denied on 09/10/04.
Case Information:
On 05/21/86, Johnny Williamson filed a Direct Appeal in theFlorida Supreme Court. In that appeal, he argued that the trial courterred in permitting a comment made by the State during closing arguments,alleging Williamson’s “guilt by association” following the guilty plea enteredby his codefendant Omer Williamson. Pertaining to the penalty phase of thetrial, Williamson contended that the trial court erred in its application ofdiscrepant sentences among the codefendants and in its consideration andapplication of the cold, calculating, and premeditated (CCP) aggravatingfactor. The Florida Supreme Court found no merit to Williamson’s claimsand affirmed the convictions and sentence of death on 07/16/87.
Williamson next filed a Petition for Writ of Certiorari inthe United States Supreme Court, which was denied on 02/29/88.
Williamson then filed a 3.850 Motion in the State CircuitCourt. Soon after, Governor Bob Martinez signed a death warrant for himon 09/27/88. The State Circuit Court for Dixie County issued a stay ofexecution on 06/12/90. Williamson’s 3.850 Motion was later denied on09/21/90.
Following the denial of his 3.850 Motion, Williamson filed aPetition for Writ of Habeas Corpus and a 3.850 Appeal in the Florida SupremeCourt respectively. In a consolidated opinion issued 11/10/94, theFlorida Supreme Court denied the Habeas Petition and affirmed the denial ofWilliamson’s 3.850 Motion.
Williamson again filed a Petition for Writ of Certiorari inthe United States Supreme Court, which was denied on 10/02/95.
On 07/15/93, Williamson filed a second 3.850 Motion in theState Circuit Court. An Amended Motion was filed on 01/02/97. Theproceedings were held in abeyance pending the resolution of Williamson’sFederal appeals. On 06/17/03 and 08/12/03, supplemental motions werefiled and an Evidentiary Hearing was held on 07/28/04. The motion was denied on09/10/04.
Williamson next filed a Petition for Writ of Habeas Corpusin the United States District Court, Northern District, on 05/16/95. Thatpetition was denied on 02/03/98, after which Williamson filed an appeal of thatdecision in the United States Court of Appeals for the Eleventh Circuit. The District Court’s denial of Williamson’s Federal Habeas was subsequentlyaffirmed by the Court of Appeals on 08/08/00.
Williamson filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 06/29/01, which was denied 10/01/01.
On 08/23/05, Williamson filed a 3.850 Appeal in the FloridaSupreme Court. On 05/10/07, the FSC affirmed the denial of themotion. Williamson’s Motion for Rehearing was denied 07/16/07. TheFSC issued a mandate in this case on 08/02/07.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- -------- ---------------------------- -------------------
08/25/89 30 FIGHTING FLORIDA STATE PRISON
11/06/92 0 DISRESP.TOOFFICIALS FLORIDA STATE PRISON
12/21/94 0 UNAUTH USE OF DRUGS UNIONC. I.
12/23/94 0 DISRESP.TOOFFICIALS UNION C.I.
04/14/96 0 DISRESP.TOOFFICIALS UNION C. I.
09/17/96 60 UNARMED ASSAULT UNIONC.I.-MED.FAC.
08/08/97 0 SPOKEN THREATS UNIONC. I.
08/14/97 0 POSS OF CONTRABAND UNIONC. I.
03/06/98 0 DISOBEYING ORDER UNIONC. I.
09/03/99 0 DISRESP.TOOFFICIALS UNION C.I.
09/25/99 0 SPOKEN THREATS UNIONC. I.
11/05/99 0 DISORDERLY CONDUCT UNIONC. I.
01/12/00 0 DISORDERLY CONDUCT UNIONC. I.
02/23/00 0 DISORDERLY CONDUCT UNIONC. I.
03/20/00 0 DISRESP.TOOFFICIALS UNION C. I.
04/09/00 30 DISORDERLY CONDUCT UNIONC. I.
08/11/00 90 SPOKEN THREATS UNIONC. I.
09/14/00 30 FIGHTING UNIONC. I.
06/11/01 60 DISOBEYING ORDER UNIONC. I.
06/11/01 60 DISRESP.TO OFFICIALS UNIONC. I.
06/28/01 60 DISOBEYINGORDER UNION C. I.
07/20/01 30 POSS OF CONTRABAND UNIONC. I.
10/08/01 30 DISORDERLY CONDUCT UNIONC. I.
10/18/01 30 POSS OF CONTRABAND UNIONC. I.
09/25/02 60 DISRESP.TO OFFICIALS UNIONC. I.
11/19/02 30 LYING TO STAFF UNIONC. I.
02/17/03 60 DISRESP.TO OFFICIALS UNIONC. I.
11/29/03 0 DISRESP.TOOFFICIALS UNION C. I.
03/13/04 90 SPOKEN THREATS UNIONC. I.
04/01/04 0 POSS OF CONTRABAND UNIONC. I.
08/20/04 30 DISRESP.TO OFFICIALS UNIONC. I.
03/03/05 30 SPOKEN THREATS UNIONC. I.
03/03/05 30 SPOKEN THREATS UNIONC. I.
06/27/05 30 FIGHTING FLORIDASTATE PRISON
________________________________________________________________________
Reported 02/12/03 EW
Approved 02/27/03 WS
Updated 01/22/09 AEH