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.
DIAZ, Angel (H/M)
AKA: Papo, Emilio Baez
DOB: 08/31/51
Eleventh Judicial Circuit, Dade County Case # 83-18931-B
Sentencing Judge: The Honorable Amy Steele Donner
Attorney, Trial: Robert Lamons – Private
Attorney, Direct Appeal: Helen Ann Hauser – Private
Attorney, Collateral Appeals: Suzanne Keffer – CCRC-S
Date of Offense: 12/29/79
Date of Sentence: 01/24/86
Circumstances of Offense:
On 12/29/79, three Spanish-speaking men robbed the VelvetSwing Lounge in Miami, Florida, and one of the men killed the bar manager. Noone actually witnessed the shooting, as a majority of the patrons and employeeshad been confined to a restroom in the bar. A dancer hiding under the bar didnot see who fired the gunshots.
Angel “Sammy” Toro and Angel Diaz were charged with thecrime. The third man, known as “Willie,” was never identified.
The case remained unsolved until1983, when Diaz’ girlfriend told police that Diaz was involved in the crimes. He was identified in a lineup by a witness, and his fingerprints were matchedto fingerprints at the crime scene.
At trial, an acquaintance ofDiaz and Toro testified that on the night of December 29, 1979, Diaz told herthat Angel Toro shot a man during a robbery. However, a man who occupied theneighboring cell during Diaz's pre-trial incarceration testified that Diazindicated that he shot the victim.
At trial, Diaz conducted his own defense, with the aid ofcounsel.
Codefendant Information
Angel Toro was sentencedto life imprisonment for the crimes.
Additional Information:
Angel Diaz was convictedof Armed Robbery in Puerto Rico and was sentenced to 5-8 years in prison on 11/05/75. While incarcerated and participating in a drug rehabilitation program, Diaz wascharged and convicted of Second-Degree Murder and was sentenced to 10-15 yearsin prison on 09/06/78. On 09/19/79, Diaz escaped from custody and fled to Dade County, Florida.
Trial Summary:
01/25/84 Indicted as follows:
Count I First-Degree Murder
Counts II, IV-VII Armed Robbery
Count III AttemptedArmed Robbery
Counts VIII-XIII Kidnapping
Count XIV Possessing aFirearm During a Felony
12/18/85 Statenolle prosequied Counts II, VI, XII, and XIII
12/21/85 Jury acquitted on Count V, but returnedguilty verdicts on Counts I, III,
IV,VII-XI, and XIV
01/03/86 Jury recommended a death sentence by a vote of 8-4.
01/24/86 Sentenced as follows:
CountI First-Degree Murder – Death
CountsIII-IV Armed Robbery – 134 years each (268 total)
Count VII Attempted ArmedRobbery – 15 years
CountsVIII-XI Kidnapping – 134 years (536 total)
CountXIV Possessing a Firearm During a Felony –
15 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 68,493
513 So.2d 1045
03/24/86 Appeal filed
10/08/87 FSC affirmed convictions and sentences
11/09/87 Mandate issued
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 87-6044
484 U.S. 1079
12/04/87 Petition filed
02/22/88 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 83-18931-B
10/24/89 Motion filed
01/28/93 Circuit Court denied Motion
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 74,927
719 So.2d 865
10/26/89 Petition for Writ of Habeas Corpus filed
06/11/98 FSC denied Petition
10/01/98 Rehearing denied
12/30/98 Mandate issued
Florida Supreme Court – 3.850 Motion Appeal
FSC# 81,584
719 So.2d 865
04/14/93 3.850 Appeal filed
06/11/98 FSC affirmed denial of 3.850 Motion
10/01/98 Rehearing denied
12/30/98 Mandate issued
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 98-8323
526 U.S. 1100
03/01/99 Petition filed
05/03/99 USSC denied Petition
U.S. District Court, Southern District –Petition for Writ of Habeas Corpus
USDC# 99-3215
11/24/99 Petition filed
02/19/02 Amended Petition filed
01/23/04 USDC denied Petition
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 00-1782
797 So.2d 585
06/20/00 Petition filed
07/05/01 FSC denied Petition
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-234
869 So.2d 538
02/11/03 Petition filed
10/28/03 FSC denied Petition
02/26/04 Rehearing denied
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 03-10865
543 U.S. 854
05/26/04 Petitionfiled
10/04/04 USSCdenied Petition
U.S. Court of Appeals, 11th Circuit –Petition for Writ of Habeas Corpus Appeal
USCA# 04-12795
402 F.3d 1136
05/28/04 Appealfiled
03/14/05 USCAaffirmed denial of Petition
05/23/05 Mandateissued
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 05-6800
10/03/05 Petitionfiled
12/05/05 USSCdenied Petition
Circuit Court – 3.851 Motion
CC# 83-18931-B
09/25/06 Motionfiled
11/21/06 CCdenied motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 06-2259
11/22/06 Appealfiled
11/29/06 FSCremanded to CC to deal with recanted testimony issue
12/08/06 FSCaffirmed denial of motion & Mandate issued
Circuit Court – 3.851 Motion
CC# 83-18931-B
11/27/06 Motionfiled
11/30/06 EvidentiaryHearing held
12/01/06 CCdenied motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 06-2305
12/04/06 Appealfiled
12/08/06 FSCaffirmed denial of motion & Mandate issued
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 06-2313
12/04/06 Petitionfiled
12/08/06 FSCdenied petition
12/08/06 FSCaffirmed denial of motion & Mandate issued
U.S. Court of Appeals – Petition to FileSuccessive Habeas Petition
USCA# 06-16362
12/09/06 Petitionfiled
12/11/06 USCAdenied petition
U.S. Supreme Court – Petition for Writ ofCertiorari & Stay of Execution
USSC# 06-8239
12/11/06 Petitionfiled
12/13/06 USSCdenied petition
U.S. Supreme Court – Petition for Writ ofCertiorari & Stay of Execution
USSC# 06-8312
12/13/06 Petitionfiled
12/13/06 USSCdenied petition
Death Warrant Information:
08/29/89 GovernorBob Martinez signed a death warrant.
10/26/89 FSCgranted a stay of execution.
11/14/06 GovernorBush signed a death warrant, and execution is set for 12/13/06.
12/13/06 Executed.
Clemency Hearing:
06/23/88 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition ofSentence:
Two filings havecontributed to the delay – the 3.850 Motion that was pending from 10/24/89 – 01/28/93 and the Federal Petition for Writ of Habeas Corpus that was pendingfrom 11/24/99 – 01/23/04. However, the most substantial contribution to thedelay arises from the Petition for Writ of Habeas Corpus that was pending from 10/26/89 – 06/11/98 and the 3.850 Appeal that was pending from 04/14/93 – 06/11/98. The disposition of these cases was delayed by complicated legal issues and threeseparate requests to supplement information contained in Diaz’s initial briefs.
Case Information:
Diaz filed a DirectAppeal with the Florida Supreme Court on 03/24/86, citing the following trialcourt errors: denial of motion for continuance; excusal of two jurors forcause; security measures that biased the jury against Diaz; allowance of Diaz toproceed pro se; the death penalty is cruel and unusual punishment; failure toinstruct the jury on intent; improper finding of the great risk to many personsaggravating circumstance; and disproportionate sentencing due to insufficientevidence and the lighter sentence received by a codefendant. The FSC affirmedDiaz’s convictions and sentences on 10/08/87.
Diaz filed a Petition forWrit of Certiorari with the U.S. Supreme Court on 12/04/87 that was denied on 02/22/88.
Diaz filed a 3.850 Motionwith the circuit court on 10/24/89 that was denied on 01/28/93.
Diaz filed a Petition forWrit of Habeas Corpus with the Florida Supreme Court on 10/26/89, citingeighteen trial-related issues. Diaz also filed a 3.850 Motion Appeal with theFlorida Supreme Court on 04/14/93, citing twenty-five trial-related issues. Thesecases were consolidated for decision, and the FSC denied the Habeas Petitionand affirmed the trial court’s denial of the 3.850 Motion on 06/11/98.
Diaz filed a Petition forWrit of Certiorari with the U.S. Supreme Court on 03/01/99 that was denied on 05/03/99.
Diaz filed a Petition forWrit of Habeas Corpus with the U.S. District Court, Southern District, on 11/24/99 and amended the Petition on 02/19/02. The Petition was denied on 01/23/04.
Diaz filed a Petition forWrit of Habeas Corpus with the Florida Supreme Court on 06/20/00 that was denied on 07/05/01.
Diaz filed a Petition forWrit of Habeas Corpus with the Florida Supreme Court on 02/11/03, citing claimsraised in Ring v. Arizona. On 10/28/03, the FSC denied the Petition.
Diaz filed a Petition forWrit of Certiorari with the U.S. Supreme Court on 05/26/04 that was denied on10/04/04.
Diaz filed a Petition forWrit of Habeas Corpus Appeal with the U.S. Court of Appeals, 11thCircuit, on 05/28/04. On 03/14/05, the USCA affirmed the denial of thePetition.
Diaz filed a Petition forWrit of Certiorari with the U.S. Supreme Court on 10/03/05 that was denied on12/05/05.
Diaz filed a 3.851 Motionwith the Circuit Court on 09/25/06 that was denied on 11/21/06.
Governor Bush signed adeath warrant on 11/14/06, and the execution is set for 12/13/06.
Diaz filed a 3.851 MotionAppeal with the Florida Supreme Court on 11/22/06, and on 11/29/06, the FSCremanded the case to the Circuit Court to rule on a recanted testimony issue. On12/08/06, the FSC affirmed the denial of the motion and issued a Mandate.
Diaz filed a 3.851 Motionon 11/27/06, and an Evidentiary Hearing was held on 11/30/06. On 12/01/06, theCC denied the motion.
Diaz filed a 3.851 MotionAppeal with the Florida Supreme Court on 12/04/06, raising the followingissues: Florida’s lethal injection statute, newly discovered evidence, mentalillness, and public records. On 12/08/06, the FSC affirmed the denial of themotion and issued a Mandate.
Diaz filed a Petition forWrit of Habeas Corpus with the Florida Supreme Court on 12/04/06, raising thefollowing issues: proportionality of punishment and a Crawford violationfor hearsay testimony. On 12/08/06, the FSC denied the petition and issued aMandate.
Diaz filed a Petition toFile a Successive Habeas Petition with the U.S. Court of Appeals on 12/09/06that was denied on 12/11/06.
Diaz filed a Petition forWrit of Certiorari & Stay of Execution with the U.S. Supreme Court on12/11/06 that was denied on 12/13/06.
Diaz filed a Petition forWrit of Certiorari & Stay of Execution with the U.S. Supreme Court on12/13/06 that was denied on 12/13/06.
Diaz was executed on12/13/06.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATIONOF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
11/05/86 360 ASSAULTSOR ATTEMPT FLORIDA STATE PRISON
09/07/87 30 DISOBEYINGORDER FLORIDA STATE PRISON
03/09/88 0 POSSOF CONTRABAND FLORIDA STATE PRISON
11/28/89 30 DISOBEYINGORDER FLORIDA STATE PRISON
08/12/91 10 DISORDERLYCONDUCT FLORIDA STATE PRISON
04/21/97 0 FIGHTING UNION C. I.
05/04/97 0 POSSOF CONTRABAND UNION C. I.
07/14/97 0 UNARMEDASSAULT UNION C.I.-MED.FAC.
09/24/00 0 DEFACING STATEPROP. UNION C. I.
Report Date: 04/30/03 JFL
Approved: 05/12/03 WS
Updated: 01/12/07 JFL