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.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
DiazAngel 101061CCRC-SCase Summary

Last Action

DateCourtCase NumberLast Action
12/13/2006  Executed

Current Attorney


Cases


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 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

DC#     101061

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