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
HenryRobert 607497CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
9/10/2007USDC07-61281Habeas Appeal
10/4/2007USDC07-61281Amended petition
6/10/2009USDC07-61281COA denied
4/4/2008FSC08-1005Habeas Appeal
11/30/2009FSC08-10053.850 Appeal
8/9/2010FSC08-1005Rehearing Denied
6/9/2009USCA09-12871Habeas appeal
1/25/2010USSC09-8864Petition for Writ of Certiorari
8/6/2007CC87-18628Motion amended
10/12/2007CC87-18628Motion denied
4/8/2009CC87-18628Status Conference
7/8/2009CC87-18628Status Conference
8/6/2009CC87-18628Status Conference
9/17/2009CC87-18628Status Conference
9/30/2009CC87-18628Status Conference
10/8/2009CC87-18628Status Conference

Current Attorney


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.


HENRY, Robert  (B/M)

DC #   607497

DOB: 05/01/58


Seventeenth Judicial Circuit, Broward County Case # 87-18628CF10A

Sentencing Judge: The Honorable Mark E. Polen

Trial Attorney: Bruce Raticoff

Attorney, Direct Appeal: Gary Caldwell – Assistant PublicDefender

Attorney, Collateral Appeals: Ali Andrew Shakoor – CCRC-M& Pro Se (Federal)


Date of Offense:        11/02/87

Date of Sentence:       11/09/88


Circumstances of the Offense:


On November 1, 1987, police and firefighters responded to a9:30 p.m. call about a fire at a Deerfield Beach fabric store.  Onceinside, they discovered Phyllis Harris and Janet Thermidor, two of the store’semployees.  Harris was tied up in the men’s restroom and was founddead.  Thermidor was found on the floor of the women’s restroom andconscious even though she had a head wound and was burned on over 90 percent ofher body.  Thermidor told a police officer that the store’s maintenanceman, Robert Henry, hit her on the head with a hammer after entering the officeand then stole the store’s money.  Henry momentarily left the office, butThermidor recalls him returning to throw a liquid on her and then setting heron fire.  Thermidor stated that she fled to the restroom to try andextinguish the fire.  The following morning, Thermidor died.


Following Thermidor’s lead, the police located and arrestedHenry on the morning of November 3rd.  Henry’s initial statement was thathe was abducted by three strangers who subsequently robbed the store; however,Henry later made self-incriminating statements.


Trial Summary:


11/18/87         Defendant was indicted with the following:

Count I:          First-DegreeMurder                

                                   Count II:         First-Degree Murder 

                                   Count III:        Robbery with a Deadly Weapon

                                   Count IV:        Arson with a Deadly Weapon 

09/29/88         Defendant was found guilty by the trial jury on all counts

10/06/88         The jury recommended Death for Count I by a vote of 8-4 and Count II by

a vote of 9-3

11/09/88         Defendant was sentenced as follows:

                                 Count I: First-Degree Murder - Death                                     

                                   Count II: First-Degree Murder - Death

                                   Count III: Robbery with a Deadly Weapon – life sentence

                                   Count IV: Arson with a Deadly Weapon – life sentence


Appeal Summary:


Florida State Supreme Court – Direct Appeal

FSC #73,433

586 So. 2d 1033


12/09/88         Appeal filed.

08/29/91         FSC affirmed the convictions and the sentences of Death.

10/30/91         Rehearing denied.

12/02/91         Mandate issued.


United States Supreme Court – Petition for Writ ofCertiorari

USSC #91-7170

505 U.S. 1216


01/28/92         Petition filed.

06/29/92         Petition granted.

09/04/92         Rehearing denied.


Florida Supreme Court – Direct Appeal (on remand fromUSSC)

FSC #73,433

613 So. 2d 429


12/24/92          FSCaffirmed convictions and sentences

03/05/93         Rehearing denied.

04/05/93         Mandate issued.


United States Supreme Court – Petition for Writ ofCertiorari

USSC #93-5547

510 U.S. 1048


08/09/93         Petition filed.

01/10/94         Petition denied.


State Circuit Court – 3.850 Motion

CC #87-18628


06/01/95         Motion filed.

01/17/03         Motion denied.


Florida Supreme Court – 3.850 Appeal

FSC #03-1312

937 So. 2d 563


07/29/03         Appeal filed.

05/25/06         FSC affirmed denial of motion.

09/14/06         Mandate issued.


Circuit Court – 3.853 Motion

CC# 87-18628


09/30/03         Motion filed.

01/05/04         Motion dismissed. 


Florida Supreme Court – 3.853 Motion Appeal

FSC# 04-789


05/05/04         Appeal filed.

04/10/06         Appeal voluntarily dismissed.


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 04-1285

937 So. 2d 563


06/28/04         Petition filed.

05/25/06         FSC denied petition.

09/14/06         Mandate issued.


Circuit Court – 3.853 Motion

CC# 87-18628


04/04/07         Motion filed.

08/06/07         Amended motion filed.

10/12/07         Motion denied.


United States District Court, Southern District-Petition for Writ of Habeas Corpus

USDC # 07-cv-61281


09/10/07         Petition filed.

10/04/07         Amended petition filed.

04/24/09         Petition denied.


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #08-1005



04/04/08         Petition filed.


United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA# 09-12871



06/09/09         Appeal filed.


Florida Supreme Court – 3.850 Appeal

FSC #08-1005


11/30/09         Appeal filed

06/09/10          Appeal denied


United States Supreme Court – Petition for Writ ofCertiorari

USSC # 09-8864


01/25/10         Petition filed

04/05/10         Petition denied


Factors Contributing to the Delay in Imposition ofSentence:


The Direct Appeal took three years for a decision to berendered.  During the Petition for Writ of Certiorari, the United StatesSupreme Court vacated the sentence and remanded the case to the Florida SupremeCourt. The Circuit Court 3.850 took eight years prior to a decision beingrendered.  The 3.850 motion was amended three times over the course ofthree years.  There were several changes in CCRC counsel and severalevidentiary hearings.


Case Information:


A direct appeal was filed on 12/09/88. Issues that wereraised included whether the trial court erred in not granting his motion tosuppress all of Henry’s statements, and whether the trial court erred in notgranting his motion to suppress Thermidor’s statement claiming that it did notqualify as a dying declaration.  The Florida Supreme Court found all of theclaims either without merit or harmless and affirmed the conviction andsentence of Death on 08/29/91.


A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 01/28/92 and granted on 06/29/92. The petition wasgranted based on Espinosa v. Florida (jury rendered advisory verdict insentencing hearing after being instructed on invalid aggravating circumstances)and Sochor v. Florida (judge’s improper weighing in capital sentencing hearingof aggravating factor not supported by evidence).  The rehearing wasdenied on 09/04/92 and remanded to the Florida Supreme Court. 


The Florida Supreme Court affirmed the conviction andsentence on 12/24/92.


A second Petition for Writ of Certiorari was filed on08/09/93 and denied on 01/10/94.


A 3.850 motion was filed with the circuit court on 06/01/95and was denied on 01/17/03. 


A 3.850 Appeal was filed with the Florida Supreme Court on07/29/03, citing ineffective assistance of counsel.  On 05/25/06, the FSCaffirmed the denial of the motion.    


A 3.853 Motion was filed in the Circuit Court on 09/30/03and was dismissed on 01/05/04. 


A 3.853 Motion Appeal was filed with the Florida SupremeCourt on 05/05/04 and was voluntarily dismissed on 04/10/06. 


A Petition for Writ of Habeas Corpus was filed with theFlorida Supreme Court on 06/28/04, citing ineffective assistance ofcounsel.  On 05/25/06, the FSC denied the petition.  


On 04/04/07, Henry filed a 3.853 motion, which was amendedon 08/06/07.


Henry filed a Petition for Writ of Habeas Corpus on 09/10/07in the United States District Court, Southern District.  This petition wasamended on 10/04/07 and was denied on 04/24/09.


On 04/04/08, Henry filed a Pro Se Petition for Writ ofHabeas Corpus with the Florida Supreme Court that is still pending.


On 06/09/09, Henry filed a Habeas Appeal in the UnitedStates Court of Appeals. This appeal is pending.


On 11/30/09, Henry filed a 3.850 Appeal with the FloridaSupreme Court. This appeal was denied on 06/09/10.


On 01/25/10, Henry filed a petition for a Writ of Certiorariwith the United States Supreme Court. This petition was denied on 04/05/10.


Institutional Adjustment:



DATE    DAYS          VIOLATION                            LOCATION      


01/16/94      0       DISOBEYINGORDER                  UNION C. I.        

03/15/95      0     DISRESP.TOOFFICIALS                UNION C.I.        

07/12/95      0      UNARMEDASSAULT                    UNION C. I.         

09/18/97      0     DISRESP.TOOFFICIALS                UNION C.I.        

07/09/98      0    ASSAULTS ORATTEMPT                UNION C. I.        

09/12/98      0      DISOBEYINGORDER                    UNION C. I.        

09/13/98      0     DISOBEYINGORDER                     UNION C.I.        

11/13/98      0     DISRESP.TOOFFICIALS                 UNION C.I.         




Report Date:  11/20/01          cc

Approved:      12/17/01         ws

Updated:        06/21/10         CAR