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LUCAS, Harold Gene (W/M)
DC# 058279
DOB: 10/31/51
Twentieth Judicial Circuit, Lee County, Case# 76-588 CF
Sentencing Judge, Trial: The Honorable Thomas Sands
Sentencing Judge, Resentencing I: The Honorable ThomasSands
Sentencing Judge, Resentencing II: The HonorableThomas S. Reese
Sentencing Judge, Resentencing III: The HonorableThomas S. Reese
Sentencing Judge, Resentencing IV: The HonorableThomas S. Reese
Attorney, Trial: Gene S. Taylor – Assistant Public Defender
Attorney, Resentencing I: Dennis Erdley – AssistantPublic Defender
Attorney, Resentencing II: Kinley Engralson –Assistant Public Defender
Attorney, Resentencing III: Robert Jacobs – AssistantPublic Defender
Attorney Resentencing IV: Robert Jacobs – AssistantPublic Defender
Attorneys, Direct Appeal I: David S. Bergdoll &W.C. McLain – Assistant Public Defenders
Attorneys, Direct Appeal II: Douglas A. Lockwood &Douglas M. Midgley – Assistant Public Defenders
Attorney, Direct Appeal III: W.C. McLain – AssistantPublic Defender
Attorney, Direct Appeal IV: Robert F. Moeller –Assistant Public Defender
Attorneys, Collateral Appeals: David Hendry & MarkGruber – CCRC-Middle
Date of Offense: 08/14/76
Date of Sentence: 01/14/77
Date of First Resentence: 03/03/80
Date of Second Resentence: 05/08/85
Date of Third Resentence: 05/07/87
Date of Fourth Resentence: 05/14/91
Circumstances of the Offense:
Harold Lucas knew the victim, 16-year-old Jill Piper, forfour years and they also used to date. One witness testified that Lucas statedthey were going to get married. A week prior to the murder, Lucas was arrestedfor criminal trespassing at the Piper residence. After the arrest, Lucas, whoworked at the Piper family business, stopped going to work.
On 08/13/76, Lucas was in a park with his friend, HaroldSaunders, at 2:00 or 3:00 p.m. Lucas asked Saunders to go and ask Ms. Piper ifshe called the Sheriff’s Department. When Saunders questioned Ms. Piper, sheindicated that she did not call the police. During this time, witnessestestified that Lucas threatened Jill Piper. Other witnesses stated they did nothear Lucas threaten Ms. Piper. Sometime around 3:00 p.m., Lucas left the parkwith friends. They drove around and were characterized as “pretty buzzed.”Throughout the day, Lucas drank a total of two six-packs of 24-ounce beers,smoked 10 to 20 marijuana cigarettes, and consumed five dollars worth of THC.They returned to the park around 6:00 p.m.
They left the park again around 10:00 p.m. and drove to agas station. Ms. Piper and Eddie Kent, a man who Lucas had been in fights withbefore, were at the gas station. Mr. Kent insulted Lucas by saying “Hello,Turkey” and Lucas responded by starting a fight. Ms. Piper ran across thestreet to a pay phone and called the Sheriff’s Department. The argument ended,and Lucas got in the car to leave. As the car was pulling away, Mr. Kent threwa beer bottle at the car, shattering the bottle. The glass from the bottleentered the car and cut Lucas’ ear. Ms. Piper threw rocks and yelledprofanities at the car. Mr. Kent and Terri Rice testified that Lucasthreatened to kill both of them.
Ms. Rice and Ms. Piper left the gas station and met RickyBird at the park around 11:00 p.m. They asked if he would spend the night atMs. Piper’s house for additional protection and he agreed. The three proceededto Ms. Piper’s house. They parked the car across the street. Once in the house,Ms. Piper took a 20-gauge shotgun and a .38 revolver, both loaded, out of a guncabinet in the house. She took the shotgun and gave the handgun to Mr. Bird. Asthe three talked, Ms. Piper decided that they should move the car into herdriveway. The three walked across the street and drove the car back.
Mr. Bird entered the house to make sure that no one had goneinside while they were moving the car. While the two women stayed outside ofthe house, Ms. Rice saw someone at the side of the house with a gun. Sheassumed that it was Mr. Bird, but upon closer inspection she realized that itwas Lucas. She testified that he raised a rifle and shot Ms. Piper, who wasstanding in front of Ms. Rice. Ms. Rice ran into the house and told Mr. Birdwhat had just occurred and the two ran into a back bedroom. Ms. Rice testifiedthat she never saw Ms. Piper inside the house after she was shot.
Mr. Bird testified that he had heard three shots outside,and then saw Ms. Rice enter the house. After Ms. Rice entered, Ms. Piperstumbled into the house. She had two wounds in her back and stated, “That sonof a bitch shot me.” He stated that he and Ms. Rice then ran into a backbedroom and locked the door. Both testified that they heard Ms. Piper screamingand begging and then heard three more shots. Lucas then shot the bedroom dooropen and shot Mr. Bird in the stomach and then physically attacked Ms. Rice inthe bathroom. As Lucas was leaving, he fired a shot through the bathroom doorthat hit Ms. Rice in the hip. Ms. Piper’s body was found outside of the house.
Lucas testified that he remembers getting high on the nightof 08/13/76, and that he lost consciousness and woke up in the woods. He statedthat he did not have gun with him when he woke up. When he began walking home,a friend picked him up and told him that there was a newspaper article aboutthe incident and that Lucas was named as the primary suspect. Lucas went backto the woods and, when law enforcement attempted to arrest him, he ran, but waseventually arrested.
Trial Summary:
08/30/76 Indicted as follows:
Count I: First-Degree Murder
Count II: AttemptedFirst-Degree Murder
Count III: Attempted First-DegreeMurder
10/08/76 Motion for a change of venue
10/26/76 Motion denied
01/14/77 Jury returned guilty verdicts on all counts of the indictment
01/14/77 Jury recommended death by a vote of 12-0
02/09/77 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: AttemptedFirst-Degree Murder – 30 years
Count III: Attempted First-DegreeMurder – 30 years to be served consecutive to Count II
06/14/79 Case remanded to circuit court for resentencing by the Florida SupremeCourt
03/03/80 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: AttemptedFirst-Degree Murder – 30 years
Count III: Attempted First-DegreeMurder – 30 years to be served consecutive to Count II
07/01/82 Case remanded to circuit court for a new sentencing hearing by the FloridaSupreme Court
08/24/84 Tenth Circuit Public Defenders’ Office withdrew ascounsel
03/15/85 Twentieth Circuit Public Defenders’ Office was appointed to represent Lucas
05/08/85 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: AttemptedFirst-Degree Murder – 30 years
Count III: Attempted First-DegreeMurder – 30 years to be served consecutive to Count II
07/03/86 Case remanded to the circuit court by the Florida Supreme Court for newsentencing proceedings before a new jury
05/03/87 Jury recommended death by a vote of 11-1
05/07/87 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Attempted First-DegreeMurder – 30 years to be served concurrent with Count I
Count III: Attempted First-DegreeMurder – 30 years to be served consecutive to Count I and II
09/20/90 Case remanded by the Florida Supreme Court to the Circuit Court forresentencing on Count I.
05/14/91 Defendant was resentenced to death
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC# 51135
376 So. 2d 1149
02/22/77 Appeal filed
06/14/79 FSC affirmed the conviction but remanded for resentencing
12/05/79 Rehearing denied
01/02/80 Mandate issued
Florida State Supreme Court – Direct Appeal
FSC# 51135
417 So. 2d 250
03/11/80 Appeal filed
07/01/82 FSC remanded for resentencing
08/03/82 Mandate issued
Florida State Supreme Court – Direct Appeal
FSC# 67,094
490 So. 2d 1986
05/30/85 Appeal filed
07/03/86 FSC remanded for new sentencing
02/12/86 Rehearing denied
08/18/86 Mandate issued
Florida State Supreme Court – Direct Appeal
FSC# 70,653
568 So. 2d 18
06/05/87 Appeal filed
09/20/90 FSC remanded for resentencing
12/22/90 Mandate issued
Florida State Supreme Court – Direct Appeal
FSC# 78,118
613 So. 2d 408
06/17/91 Appeal filed
12/24/92 FSC affirmed the sentence
03/05/93 Rehearing denied
04/05/93 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC#92-9003
510 U.S. 845
06/03/93 Petition filed
10/04/93 Petition denied
State Circuit Court – 3.850 Motion
CC# 76-588 CF
10/04/94 Motion filed
06/22/01 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 01-1633
841 So. 2d 380 (2003)
07/30/01 Appeal filed
01/09/03 FSC affirmed denial of 3.850 Motion
01/09/03 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 02-314
841 So. 2d 380 (2003)
02/11/02 Petition filed
01/09/03 Petition denied
01/09/03 Mandate issued
03/14/03 Rehearing denied
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 04-CV-222
04/13/04 Petition filed
09/05/08 Petition denied
United States Court of Appeals, 11th Circuit – HabeasPetition Appeal
USCA# 08-15761
(Pending)
10/03/08 Appeal filed
Factors Contributing to the Delay in the Imposition ofthe Sentence:
The main delay has been that the Lucas was resentenced fourtimes, which lead to five Direct Appeal procedures. In addition, the 3.850Motion was pending in the Circuit Court for seven years.
Case Information:
Lucas filed a direct appeal to the Florida Supreme Court on02/22/77. He raised two issues in the appeal: the trial court committedreversible error by allowing an unrevealed rebuttal witness to testify withoutconducting an evidentiary hearing as to why the state was not complying withthe rules of discovery and the trial court erred in considering non-statutorialaggravating factors. The Court found that, because the defense did not objectto the rebuttal witness, the trial judge made no error. The Florida SupremeCourt found that the trial court erred in considering the heinousness of theattempted murders as a non-statutory aggravating factor. The Court affirmed theconviction, but remanded the case for resentencing “without the benefit of anew sentence recommendation by a jury” Lucas v. Florida (376 So. 2d 1149) on06/14/79. The rehearing was denied on 12/05/79, and the mandate was issued on01/02/80.
On 03/03/80, the Circuit Court judge sentenced Lucas todeath for the murder of Ms. Piper and to two thirty-year sentences for theattempted murders of Ms. Rice and Mr. Bird.
Lucas filed a direct appeal to the Florida Supreme Court on03/11/80. He asserted that the trial judge abused his discretion by notproperly reweighing and re-evaluating the valid aggravating and mitigating circumstances.The Court found that the judge erred by not impaneling an advisory jury duringthe resentencing, but did not fault the judge because he was following theprevious mandate issued by the Court. The Court remanded the case to the trialcourt for a new sentencing proceeding on 07/01/82. The mandate was issued on08/03/82.
Judge Shands passed away prior to the second resentencing;Judge Reese reviewed the trial transcript and the transcript of the previouspenalty proceedings. He again sentenced Lucas to death for the murder of Ms.Piper and to two 30 year terms for the attempted murder for both Ms. Rice andMr. Bird on 05/08/85.
On 05/30/85, Lucas filed another direct appeal to theFlorida Supreme Court. Lucas claimed that the trial court erred by not allowingthe presentation of additional evidence and not impaneling a new jury. TheCourt found that the trial judge did not error by not impaneling a new jury butthat both sides should have been able to present additional evidence. The Courtremanded the case to the trial court for a complete new sentencing proceedingbefore a newly impaneled jury on 07/03/86. The rehearing was denied on02/12/86, and mandate was issued on 08/18/86.
Lucas was given a new sentencing hearing in front of a newjury and, on 05/03/87, the jury recommended the sentence of death for themurder of Ms. Piper. On 05/07/87, Lucas was again sentenced to death for themurder of Ms. Piper and to 30 years for the attempted murders of Ms. Rice andMr. Bird.
On 06/05/87, Lucas filed a direct appeal to the FloridaSupreme Court. The Court stated that the trial court’s finding as toaggravating and mitigating factors must be unmistakably clear, and found thatthe sentencing order did not meet this requirement. The Court vacated theLucas’ sentence and remanded the case to the trial court for resentencing witha newly impaneled a jury on 09/20/90. The mandate was issued on 10/22/90.
On 05/14/90, Judge Reese again sentenced Lucas to death forthe murder of Ms. Piper. Lucas filled a direct appeal to the Florida SupremeCourt on 06/17/91. The main issues raised by Lucas surrounded theaggravating and mitigating factors used by the judge to render a sentence ofdeath, but the Court found these to be meritless, a harmless error. The FloridaSupreme Court affirmed the sentence on 12/24/92. The rehearing was denied on03/05/93, and the mandate was issued on 04/05/93.
Lucas filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 06/03/93. The petition was denied on 10/04/93.
Lucas filed a 3.850 Motion with the Circuit Court on10/04/94. The motion was denied on 06/22/01.
Lucas filed a 3.850 appeal to the Florida Supreme Court on07/30/01. In this appeal his main issue raised was receiving ineffectivecounsel. The Court found no merit in his claims and affirmed the denialof his 3.850 Motion on 01/09/03.
Lucas also filed a Petition for Writ of Habeas Corpus to theFlorida Supreme Court on 02/11/02, which was denied on 01/09/03. TheMotion for Rehearing was denied on 03/14/03.
Lucas filed a Petition for Habeas Corpus to the UnitedStates Middle District Court on 04/13/04. This petition was denied on09/05/08.
On 10/03/08, Lucas filed a Habeas Petition Appeal in theUnited States Court of Appeals, 11th Circuit. This appeal is currentlypending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
07/20/78 60 DISOBEYING ORDER FLORIDA STATE PRISON
02/08/83 0 DISORDERLY CONDUCT CENTRAL OFFICE
01/06/99 0 FIGHTING UNION C. I.
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Report Date: 06/11/02 NMP
Approved: 07/17/02 WS
Updated: 03/09/09 AEH