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TREPAL, George (W/M)
DC # 121965
DOB: 01/23/49
10th Judicial Circuit, Polk County, Case #90-1569
Sentencing Judge: The Honorable Dennis P. Maloney
Attorney, Trial: Jonathan Stidham – Private
Attorney, Direct Appeal: Ronald T. Toward – Private
Attorney, Collateral Appeals: Todd Scher – CCRC-S
Date of Offense: 10/15/88
Date of Sentence: 03/06/91
Circumstances of Offense:
George Trepal was convicted and sentenced to death for themurder of Peggy Carr.
George Trepal and his wife moved into their home in Alturas,Florida during the early 1980s. Parealyn and Peggy Carr married in 1988,and Peggy Carr moved into the Parealyn’s home, which was located next toTrepal’s home. Travis Carr, Parealyn’s son, and Duane Dubberly, Peggy’sson, also resided at the Alturas residence. In 1988, Parealyn Carrrenovated their garage into an apartment, where his daughters, Delena Shiverand Tammy Reed, and his granddaughter, Kasey Bell, resided. Trepal andthe Carrs were involved in a number of altercations, including one incident inwhich Trepal threatened to kill one of the Carr children. The Carrs alsoreceived an unsigned letter threatening harm to their family if they did notleave Florida.
In October of 1988, Peggy Carr began to suffer from amysterious illness. She was admitted to the hospital and remained therefor several days before being discharged. After discharge, Peggy’scondition worsened, and she was readmitted to the hospital. Travis Carrand Duane Dubberly also exhibited similar symptoms and were transported to thehospital.
Dr. Hostler suspected thallium poisoning based on thesymptoms displayed. Within one day, thallium poisoning wasconfirmed. Peggy Carr’s condition worsened, and she fell into acoma. She died when life support was disconnected in March of 1989. Travis Carr and Duane Dubberly remained in the hospital for treatment ofthallium poisoning. Further testing revealed the presence of thallium inother family members, including Gelena Shiver, Kasey Bell and Parealyn Carr.
In November of 1989, officials collected samples from theCarr household in an attempt to determine the origin of the thallium. Tiller tested the residue in several empty Coca-Cola bottles retrieved duringthe collection of samples. Thallium was detected in the Coca-Colabottles. The lot numbers of the cola bottles allowed police to trace whenand where the bottles were produced. Officials determined that it wasimpossible for eight bottles containing thallium to end up being packagedtogether. Coca-Cola officials claimed that they had not received anyother reports of poisoning or threats related to tampering with their product.
In June of 1988, the Carrs received a letter threateningthat they would all die if they did not leave Florida immediately. Theletter was unsigned. The prosecution linked Trepal to the threateningletter that the Carrs had received because of comments he made during a policeinterview. When officials inquired into why Trepal thought someone wouldpoison the Carrs, he told them to get them to move out.
Trepal claimed to accompany his wife to the office everyday. However, the police determined that he either stayed at home or wentto his own office each day. Thus, Trepal had the opportunity to enter theCarrs’ residence because they did not always lock their doors upon leaving theresidence. Also, Trepal had worked as a chemist in an amphetamine laboratory. Thallium was a by-product of amphetamine production. In 1975, Trepal wasconvicted of Conspiracy to Manufacture Methamphetamine.
In order to further investigate Trepal, Special Agent SusanGoreck went undercover. She attended a “Mensa Murder Weekend” thatTrepal’s wife organized under the name of Sherry Guinn. Trepal wrote apamphlet for the weekend that described writing a threatening note and thenpoisoning the recipient of the note. During this weekend, Goreck hadcontact with Trepal and learned that he was selling his Alturas residence andwas moving to Sebring, Florida or to Virginia. Goreck arranged to rentTrepal’s home after he and his wife moved. After paying the rent in moneyorders, Goreck and a search team went to the home. In the garage, theinvestigators found a bottle containing powdered thallium. After thediscovery of thallium, Trepal was charged with seven counts of poisoning. A subsequent search of Trepal’s Sebring home in April of 1989 turned upchemistry books and equipment, including information about poisons. Officials also found the Agatha Christie novel Pale Horse, which describedusing thallium to poison people in a household. Finally, the police founda bottle-capping machine that could be used to replace the bottle caps ofCoca-Cola bottles after the cap was removed to introduce the poison into thedrink.
Trial Summary:
04/05/90 Trepal was indicted on the following counts:
CountI: First-DegreeMurder (Peggy Carr)
CountII: Attempted First-DegreeMurder (Arlie Duane Dubberly)
CountIII: Attempted First-Degree Murder(Parealyn Travis Carr)
CountIV: Attempted First-Degree Murder(Parealyn Carr)
CountV: Attempted First-DegreeMurder (Kasey Bell)
CountVI: Attempted First-Degree Murder(Gelena Bell)
CountVII: Attempted First-Degree Murder (Tammy Carr)
CountVIII: Poisoning Food or Water (Peggy Carr)
CountIX: Poisoning Food or Water (ArlieDuane Dubberly)
CountX: Poisoning Food or Water(Parealyn Travis Carr)
CountXI: Poisoning Food or Water (ParealynCarr)
CountXII: Poisoning Food or Water (Kasey Bell)
CountXIII: Poisoning Food or Water (Gelena Bell)
CountXIV: Poisoning Food or Water (Tammy Carr)
CountXV: Tampering with a Consumer Product
02/05/91 Trepal was found guilty on each count of the indictment.
02/07/91 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the deathpenalty.
03/06/91 Trepal was sentenced as follows:
CountI: First-DegreeMurder (Peggy Carr) – Death
CountII: Attempted First-DegreeMurder (Arlie Duane Dubberly) – 30 years
CountIII: Attempted First-Degree Murder(Parealyn Travis Carr) – 30 years
CountIV: Attempted First-Degree Murder(Parealyn Carr) – 30 years
CountV: Attempted First-DegreeMurder (Kasey Bell) – 30 years
CountVI: Attempted First-Degree Murder(Gelena Bell) – 30 years
CountVII: Attempted First-Degree Murder (Tammy Carr) –30 years
CountVIII: Poisoning Food or Water (Peggy Carr) – 30 years
CountIX: Poisoning Food or Water (ArlieDuane Dubberly) – 30 years
CountX: Poisoning Food or Water(Parealyn Travis Carr) – 30 years
CountXI: Poisoning Food or Water (ParealynCarr) – 30 years
CountXII: Poisoning Food or Water (Kasey Bell) – 30years
CountXIII: Poisoning Food or Water (Gelena Bell) – 30 years
CountXIV: Poisoning Food or Water (Tammy Carr) – 30 years
CountXV: Tampering with a Consumer Product – 30 years
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #77,667
621 So. 2d 1361 (Fla. 1993)
04/02/91 Appeal filed.
06/10/93 FSC affirmed the conviction and sentence.
08/23/93 Rehearing denied.
09/22/93 Mandate issued.
United State Supreme Court – Petition for Writ ofCertiorari
USSC #93-6868
510 U.S. 1077 (U.S. 1994)
11/22/93 Petition filed.
01/18/94 Petition denied.
Circuit Court – 3.850 Motion
CC #90-1569
06/16/95 Motion filed.
11/06/96 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #89,710
846 So.2d 405 (Fla. 2003)
01/15/97 Appeal filed.
02/11/99 Evidentiary Hearing held.
07/06/00 Evidentiary Hearing reconvened.
03/06/03 Appeal affirmed.
05/15/03 Rehearing denied.
06/16/03 Mandate issued.
Circuit Court – 3.850 Motion
CC #90-1569
10/10/97 Motion filed.
11/17/98 Motion denied.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #01-2267
846 So.2d 405 (Fla. 2003)
10/15/01 Petition filed.
03/06/03 Petition denied.
05/15/03 Rehearing denied.
06/16/03 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #03-1140
873 So.2d 1226 (Fla. 2003)
06/23/03 Petition filed.
11/14/03 Petition denied.
05/04/04 Rehearing denied.
United State Supreme Court – Petition for Writ ofCertiorari
USSC #03-5952
124 S. Ct. 412 (Fla. 2003)
08/13/03 Petition filed.
10/14/03 Petition denied.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #04-2029
898 So.2d 83 (Fla. 2004)
10/20/04 Petition filed.
12/06/04 Petition denied.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC #05-1527
08/17/05 Petitionfiled.
06/15/10 Petition denied.
07/13/10 Motion to alter judgment filed.
10/18/10 Motion denied.
11/16/10 Motion for Certificate of Appealabilityfiled.
United States Court of Appeals, 11thCircuit – Habeas Appeal
USCA# 10-15306
(Pending)
11/16/10 Appeal filed
Factors Contributing to the Delay in Imposition ofSentence:
The 3.850 Appeal filed on 01/15/97 was pending for more than6 years prior to be affirmed.
Case Information:
Trepal filed his Direct Appeal in the Florida Supreme Courton 04/02/91. The issues addressed included that the trial court wronglyadmitted evidence, that defense counsel was ineffective, that the evidence wasinsufficient for a First-Degree Murder conviction and that the death penaltywas not appropriate. The Florida Supreme Court did not find errors thatwarranted reversing the conviction or sentence and affirmed the conviction andsentence on 06/10/93. Rehearing was denied on 08/23/93. A mandatewas issued on 09/22/93.
On 11/22/93, Trepal filed a Petition for Writ of Certiorariin the United States Supreme Court. The petition was denied on 01/18/94.
Trepal filed a 3.850 Motion in the Circuit Court on06/16/95. The motion was denied on 11/06/96.
On 01/15/97, Trepal filed a 3.850 Appeal in the FloridaSupreme Court. The issues addressed included that there was notadversarial testing during the guilt or penalty phase by the defense, hisattorney had conflicts of interest, and that juror misconduct occurred. The case was remanded to the trial court for an evidentiary hearing, which washeld on 02/11/99. The evidentiary hearing was reconvened on 07/06/00. The Florida Supreme Court affirmed the appeal on 03/06/03. Rehearing wasdenied on 05/15/03. A mandate was issued on 06/16/03.
Trepal filed a 3.850 Motion in the Circuit Court on10/10/97. The motion was denied on 11/17/98.
On 10/15/01, Trepal filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. The issues addressed included thatthe trial court erred in allowing testimony based on hearsay. Trepalfurthered argued that he received ineffective assistance of counsel. Thepetition was denied on 03/06/03. The rehearing was denied on 05/15/03. Amandate was issued on 06/16/03.
Trepal filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 06/23/03. The petition was denied on11/14/03. The rehearing was denied on 05/04/04.
Trepal filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 08/13/03. The petition was denied 10/14/03.
On 10/20/04, Trepal filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. On 12/06/04, the petition wasdenied.
On 08/17/05, Trepal filed a Petition for Writ of HabeasCorpus in the United States District Court, Middle District. The petitionwas denied on 06/15/10. A Motion to Alter Judgment was filed on 07/13/10, andit was denied on 10/18/10. A Motion for Certificate of Appealability was filedon 11/16/10.
Trepal filed a Habeas Appeal in the United States Court ofAppeals, 11th Circuit on 11/16/10. This appeal is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
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09/11/96 0 UNARMED ASSAULT UNION C.I.-MED.
________________________________________________________________________
Report Date: 04/10/02 SQ
Approved: 08/15/02 WS
Updated: 01/25/11 EMJ