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 upon for statistical or legal purposes. 

JOHNSTON, Ray (W/M)

DC#    927442

DOB: 10/24/54

­­­Thirteenth Judicial Circuit, Hillsborough County Case #97-13379

Sentencing Judge: The Honorable Diana Allen

Attorneys, Trial: Kenneth Littman & Joseph Registrato –Assistant Public Defenders

Attorney, Direct Appeal: Steven Bolotin – Assistant PublicDefender

Attorney, Collateral Appeals: David Hendry – CCRC-M

Date of Offense:        08/19/97

Date of Sentence:       03/13/00

Circumstances of Offense:

Leanne Coryell was a clinical orthodontist assistant andleft work at 8:38 p.m. on the evening of 08/19/97.  She then went to agrocery store and left the store at 9:23 p.m.  Her body was discovered at10:30 p.m. floating in a pond on the property of St. Timothy’s Church. Forensic investigation determined that Coryell died from manual strangulationand had wounds that suggested impact from a blunt weapon.  Also, verticalscrapes on her back suggested that she was dragged to the pond.  Twounusually shaped bruises on Coryell’s buttocks led forensic experts to concludethat she was beaten with her own belt prior to death.  Coryell’s body alsoshowed internal and external injuries to the vagina, consistent withpenetration.  Her clothes were found on a nearby embankment andimpressions were taken of shoe prints found near the clothing.  Coryell’sblack Infiniti was in the church’s parking lot with the keys in the ignitionand the engine still warm.  Police were able to life a fingerprint, latermatched to Ray Johnston, from the exterior of the car. 

ATM surveillance photos showed a person withdrawing $500from Coryell’s bank account and these photos were given to the news media,which aired them.  A friend of Ray Johnston saw the photos and calledpolice.  Based on telephone calls identifying Johnston, police obtained asearch warrant for his apartment and found a pair of wet tennis shoes andshorts.  The imprints from the tennis shoes matched three partialimpressions from the crime scene. 

Johnston saw his photo on television and volunteered to givea statement to police.  In the statement, he told police that he was afriend of Coryell and that they had gone out to dinner a few times. According to Johnston, he withdrew the money from Coryell’s account to repay aloan she had obtained from him.  Johnston justified the wet shoes found bypolice by saying that he had jumped in a hot tub, shoes and all, after a run. Johnston also called a pen pal and asked her to provide a false alibi for him,by telling his attorneys that she was working out with Johnston on the night ofthe murder. 

Additional Information:

Johnston was convicted and sentenced to death for the 1997 murderof Janice Nugent (Case # 99-11338). 

During the penalty phase in the Coryell murder trial, theState introduced testimony from three victims of prior violent feloniescommitted by Johnston.  Each testified that Johnston grabbed them, placeda hunting knife to their throats, and forced them to undress, bound, or beatthem with a belt. 

Trial Summary:

09/10/97         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Kidnapping

                                   Count III:        Robbery

                                   Count IV:        Sexual Battery

                                   Count V:         Burglary of aConveyance

06/17/99         Jury returned guilty verdicts on all counts of the indictment

06/17/99         Jury recommended death by a vote of 12-0

03/13/00         Sentenced as follows:

                                   Count I:           First-DegreeMurder – Death

                                   Count II:         Kidnapping – LifeImprisonment

                                   Count III:        Robbery – 15 years

                                   Count IV:        Sexual Battery – Life Imprisonment

                                   Count V:         Burglary of aConveyance – Life Imprisonment

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 00-979

841 So.2d 349

05/03/00         Appeal filed

12/05/02         FSC affirmed convictions and sentences

03/13/03         Rehearing denied and Mandate issued

Circuit Court – 3.851 Motion

CC# 97-13379

03/16/04         Motion filed

06/11/04         Motion amended

12/08/05         Motion amended

02/05/09         Motion denied 

Florida Supreme Court – 3.850 Appeal

FSC# 09-496

(Pending)

03/18/09         Appeal filed

Florida Supreme Court – 3.850 Appeal

FSC# 09-780

05/01/09         Appeal filed

03/24/11          Appeal denied

Factors Contributing to the Delay in Imposition ofSentence:

The case progression appears to be within acceptable timeparameters. 

Case Information:

Johnston filed a Direct Appeal with the Florida SupremeCourt on 05/03/00, citing the following errors: juror misconduct; failing to ascertainthe effect of pretrial publicity; failing to instruct the jury and failing toaddress the mitigating factors of extreme mental or emotionaldisturbance.  On 12/05/02, the FSC affirmed the convictions andsentences. 

Johnston filed a 3.850 Motion with the Circuit Court on03/16/04 and amended the Motion on 06/11/04 and 12/08/05.  The Motion wasdenied on 02/05/09.

Johnston filed a 3.850 Appeal with the Florida Supreme Courton 03/18/09. This appeal is pending.

Johnston filed a 3.850 Appeal with the Florida Supreme Courton 05/1/09. This appeal was denied on 03/24/11.

JOHNSTON, Ray (W/M)

DC#    927442

DOB: 10/24/54

Thirteenth Judicial Circuit, Hillsborough County Case #99-11338

Sentencing Judge: The Honorable Rex Barbas

Attorneys, Trial: Kenneth Littman & Gerod Hooper –Assistant Public Defenders

Attorney, Direct Appeal: Steven Bolotin – Assistant PublicDefender

Attorney, Collateral Appeals: David Hendry – CCRC-M

Date of Offense:        02/06/97 or 02/07/97

Date of Sentence:       08/22/01

Circumstances of Offense:

The body of Janice Nugent was discovered by her son-in-law,John McCarthy, on the evening of 02/07/97.   McCarthy noticed thatthe side door to the house was ajar and the keys were still in the doorlock.  McCarthy discovered Nugent’s body, wrapped in a bed comforter andsubmerged in the bathtub.  Nugent was wearing only panties and abra.  A medical examiner determined that the cause of death was manualstrangulation and the time of death was between 1 a.m. on 02/06/97 and 1 a.m.on 02/07/97.  The medical examiner also determined that Nugent wasmurdered before being submerged in the bathtub.  Nugent’s body hadextensive bruising to the neck and shoulders and defensive wounds on her handsand arms.  Nugent’s body also sustained three to five impact wounds to herhips and buttocks consistent with a belt or vacuum cleaner hose.

At the crime scene, fingerprints were found on the bottom ofa plastic cup under the kitchen table and on the cold water knob of thebathtub.  Shoe tracks were also found on the kitchen floor.  Bloodand saliva/sweat were found on a sheet in the bedroom.  All forensicevidence found at the crime scene was later matched to Ray Johnston. 

Ray Johnston was an acquaintance of Nugent and the two haddated prior to the murder.  Police interviewed Johnston three times beforethe trial.  When police confronted Johnston regarding forensic evidenceleft by him at the crime scene, he explained that while being massaged byNugent, she spilled hot massage oil on his legs and buttocks.   Hethen jumped in her shower and washed himself off. 

 
Additional Information:

Johnston was convicted and sentenced to death for the 1997murder of Leanne Coryell (Case # 97-13379). 

During the penalty phase in the Coryell murder trial, theState introduced testimony from three victims of prior violent feloniescommitted by Johnston.  Each testified that Johnston grabbed them, placeda hunting knife to their throats, and forced them to undress, bound them, orbeat them with a belt.   

Trial Summary:

01/30/99         Indicted on one count of First-DegreeMurder         

10/06/00         Jury returned a guilty verdict on the sole count of the indictment

04/12/01         Jury recommended death by a vote of 11-1

08/22/01         Sentenced to death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 01-1914

863 So.2d 271

09/04/01         Appeal filed

10/16/03         FSC affirmed conviction and sentence

11/06/03         Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 03-8467

541 U.S. 946

01/14/04         Petition filed

03/22/04         USSC denied Petition

Circuit Court – 3.851 Motion

CC# 99-11338

02/28/05         Motion filed

07/12/05         Motion amended

12/31/08         Motion denied

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 09-2148

(Pending)

11/19/09         Petition filed

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 10-75

01/19/10         Petition filed

03/24/11          Petition denied.

Factors Contributing to the Delay in Imposition ofSentence:

The case appears to be within acceptable timeparameters. 

Case Information:

Johnston filed a Direct Appeal with the Florida SupremeCourt on 09/04/01, citing the following errors: allowing into evidencestatements made during custodial interrogation regarding a person living withinJohnston named “Dwight”; admitting evidence pertaining to the Coryell murder;relying on insufficient circumstantial evidence to prove identity andpremeditation; and the constitutionality of Florida’s capital sentencingscheme.  On 10/16/03, the FSC affirmed the conviction and sentence. 

Johnston filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 01/14/04 that was denied on 03/22/04. 

Johnston filed a 3.851 Motion with the Circuit Court on02/28/05 and amended it on 07/12/05.  This motion was denied on12/31/08. 

Johnston filed a 3.850 Appeal with the Florida Supreme Courton 05/01/09. This appeal is pending.

Johnston filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 11/19/09. This petition is pending.

Johnston filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 01/19/10.  This petition was denied on 03/24/11.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONSAGAINST THE INMATE

FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAINTIME DAYS LOST.

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Report Date:  07/07/04          JFL

Approved:      07/08/04          EW

Updated:         03/24/11         CAR