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.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
BogleBrett 110365RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
6/13/2003CC91-12952Third Amended
4/24/2006CC91-12952Evidentiary Hearing
4/2/2007CC91-12952Order Granting in part, Denying in part
6/6/2008CC91-12952Motion amended
6/13/2008CC91-12952Evidentiary Hearing
10/27/2008CC91-12952Evidentiary Hearing
4/16/2009CC91-12952Status Conference
11/30/2009CC91-12952Evidentiary Hearing held

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
McDermottLinda M.Wilton Manors, FL1141 N.E. 30th St.33334-850/322-2172Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

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 on for statistical or legal purposes.


BOGLE, Brett (W/M)

DC # 110365

DOB: 05/01/69 


Thirteenth Judicial Circuit, Hillsborough County, Case#91-12952

Sentencing Judge: The Honorable Susan Bucklew 

Trial Attorneys: Douglas Roberts & Paul Firmani –Assistant Public Defenders

Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender

Attorney, Collateral Appeals: Linda McDermott – Registry


Dates of Offenses:      09/01/91& 09/13/91

Date of Sentence:       02/15/93


Circumstances of Offense:


Brett Bogle, the defendant, was convicted and sentenced todeath for the murder of Margaret Torres on 09/13/91.


Margaret Torres stayed with her sister, Katie Alfonso, fourto five nights a week.  In June 1991, Alfonso met the defendant, and soonafter, Bogle moved in with the two sisters.  Since Bogle and Torres nevergot along, Alfonso had to ask him to move out.  The three remainedacquaintances and went out together on 09/01/91, the week after Bogle movedout.  During the course of the evening, Bogle and Torres began toargue.  The sisters refused to let him in their house, but Bogle brokethrough the screen door and pushed his way past Alfonso to stop Torres from calling911.  Bogle warned Torres that he would kill her if she told the policeand pressed charges.  Bogle called Alfonso a few days after the incidentand again threatened that if Torres contacted the police, she would not live totell about it.


On 09/13/91, Bogle ran into Torres at a local bar. Witnesses testified that Bogle was clean and free of any visible injuries whenhe entered the bar and that he and Torres spoke briefly.  Torres left thebar at 1 a.m., and the defendant was seen leaving five minutes later.  WhenBogle was seen 45 minutes later outside the bar, his clothes were soiled, hiscrotch was damp and his face was scratched.


Torres’ nude body was found the next day close to thebar.  She had been beaten severely, her head had been crushed with a pieceof cement, and medical examiners found semen in her vagina and anus. Tests confirmed that the semen matched Bogel’s DNA type, and that only 12.5percent of white males could have left that particular type of semen.


Prior Incarceration History in Florida:


Offense Date


Sentence Date


Case #







2Y 0M 0D






2Y 0M 0D






2Y 0M 0D


Trial Summary:


09/14/91         Defendant arrested.

10/02/91         Defendant indicted on:

                                   Count I:           First-DegreeMurder 

                                   Count II:         Burglary with Assault

                                   Count III:        Retaliation Against aWitness  

                                   Count IV:        Robbery

10/01/92         The jury found the defendant guilty on Counts I, II, & III.  Bogle was

found not guiltyon Count IV – Robbery.

10/02/92         Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the

death penalty.

12/22/92         Order granting Motion for Retrial – Penalty Phase.

02/10/93         Upon advisory sentencing at the second penalty phase, the jury, by a 10 to

2 majority, votedfor the death penalty.

02/15/93         The defendant was sentenced as followed:

                                   Count I:           First-DegreeMurder - Death

                                   Count II:         Burglary with Assault –Life in Prison

                                   Count III:        Retaliation Against a Witness –5 years


Appeal Summary:


Florida Supreme Court - Direct Appeal

FSC #81,345

655 So. 2d 1103


03/01/93         Appeal filed.

02/16/95         FSC affirmed the convictions and sentence of death.

06/15/95         Rehearing denied.

07/17/95         Mandate issued.


United States Supreme Court - Petition for Writ ofCertiorari

USSC #95-5987

516 U.S. 978


09/13/93         Petition filed.

11/13/95         Petition denied.


State Circuit Court - 3.850 Motion

CC #91-12952  



03/18/97         Motion filed.

07/05/00         Motion amended.

11/30/00         Motion amended.

06/13/03         Motion amended.

04/02/07         Order denying in part and granting Evidentiary Hearing.

06/06/08          Motion amended.


Factors Contributing to the Delay in the Imposition ofthe Sentence:


Bogle’s 3.850 Motion was pending for more than tenyears. 


Case Information:


Subsequent to his initial sentencing, Bogle was granted anew penalty phase by the Circuit Court on 12/22/92.  During the secondpenalty phase, the judge sentenced the defendant to death on 02/15/93. 


On 03/01/93, Bogle filed a Direct Appeal in the FloridaSupreme Court.  In his appeal, Bogle cited that the court erred inallowing the State Attorney’s Office of the 13th Circuit to handle his casewhen that office had hired one of his defense attorneys.  Bogle alsoargued that the court prevented the penalty phase jury from hearing importantevidence.  He also claimed that the court erred in its application ofseveral aggravating factors.  The Florida Supreme Court affirmed theconvictions and sentence of death on 02/16/95.  The mandate was issued on07/17/95.


Bogle filed a Petition for Writ of Certiorari on 09/13/95,which was denied on 11/13/95.


On 03/18/97, Bogle filed a 3.850 Motion in the State CircuitCourt and amended the Motion on 07/05/00, 11/30/00, and 06/13/03.  On03/10/04 and 04/24/06, Evidentiary Hearings were held.  On 04/02/07, thismotion was denied in part and an Evidentiary Hearing was granted. The motionwas amended on 06/06/08 and an Evidentiary Hearing was held on11/30/09-12/01/09.


Institutional Adjustment: 


 DATE          DAYS                         VIOLATION                                LOCATION       

 --------            ----                            ----------------------------                  ---------------


 03/27/93        15                               POSS OF UNAUTHBEV.               FSP

 02/01/94        0                                DISORDERLY CONDUCT        UNION C.I.         

 09/05/94        60                              ASSAULTS OR ATTEMPT        UNION C.I.        

 05/19/95        0                                DISORDERLY CONDUCT        UNION C.I.         

 08/13/95        0                                DISRESP.TOOFFICIALS          UNION C.I.         

 08/13/95        0                                DISOBEYINGORDER              UNIONC. I.         

 08/23/95         0                                SPOKENTHREATS                  UNION C. I.         

 09/10/95        0                                POSS OF CONTRABAND         UNIONC. I.         

 03/04/97        0                                DISRESP.TOOFFICIALS           UNION C.I.

 03/04/97        0                                DISOBEYINGORDER               UNION C. I. 

 04/07/97        120                            UNAUTH USE OF DRU           UNION C. I.         

 09/08/97        0                                FIGHTING                                 UNION C.I.         

 01/08/98        0                                DISRESP.TO OFFICIALS          UNION C.I.         

 05/28/98        0                                FIGHTING                                  UNION C. I. 

 02/22/99        0                                POSS OF NEGOTIABL             UNION C. I.

 02/22/99        0                                 POSS OFWEAPONS                  UNION C. I.

 08/27/99        0                                DISOBEYING ORDER               UNION C. I.

 07/23/01        60                              UNARMED ASSAULT               UNION C. I.   



11/02/01 – ew

11/07/01 – approved – ws

02/11/10 – updated – kkr