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.
BROOKS, Lamar (B/M)
DC# 124538
DOB: 10/26/72
First Judicial Circuit, Okaloosa County Case # 96-735
Sentencing Judge: The Honorable JereTolton
Attorney, Trial: Berry Beroset –Private
Attorney, Retrial: Kepler Funk& Keith Szachacz – Private
Attorney, Direct Appeal: KeplerFunk & Keith Szachacz – Private
Attorney, Direct Appeal (after retrial): David Davis –Assistant Public Defender
Attorney, Collateral Appeals: D. Todd Doss – Registry
Date of Offense: 04/24/96
Date of Sentence: 09/29/98
Date of Resentence: 02/25/02
Circumstances of Offense:
In the late night hours of 04/24/96, Rachel Carlson and herthree-month-old daughter, Alexis Stuart were found stabbed to death inCarlson’s running vehicle in Crestview, Florida. Carlson was strangledand stabbed sixty-six times, while Stuart was stabbed four times. Carlsonbelieved Walker Davis, Jr. was the father of her child, and she called theFlorida Department of Revenue and requested that a case be opened against Davisfor child support. A DNA test conducted subsequent to the murder revealedthat Davis was not the father. Carlson demanded monetary child support fromDavis, who already was married and had two children at the time of the Carlsonmurder.
In the week prior to the murder, Lamar Brooks, Davis’cousin, traveled to Florida and stayed with Davis during his visit. MarkGilliam, a friend of Brooks’, later testified to a conversation between Davis,Brooks, and himself, wherein all three discussed various ways they would killCarlson because of pressure she exerted on Davis for child support. Aplan developed whereby Davis would pay Brooks $10,000 to kill Carlson, andGilliam would be paid $500 to drive them to Crestview to commit themurder. On two occasions, the plan was attempted, yet failed due tovarious unforeseen circumstances. Gilliam did not participate in themurder plans after the second failed attempt.
A bloodstain pattern expert testified at trial that aback-seat passenger stabbed Carlson and no one was in the passenger seat duringthe murder. Forensic evidence showed that a footprint was found onCarlson’s shoulder, which would be consistent with someone climbing over thebody to exit the vehicle. Additional forensic evidence demonstrated thatDavis, whose leg was in a cast at the time of the murder, would have beenphysically unable to climb over the front seat to exit the vehicle.
At trial, Terrance Goodman, who was a cellmate of Brooksafter his arrest, testified that Brooks told him that he “offedthis broad” and “while anybody could pull a trigger, it takes more heart tostab someone because you can feel the hitting of the bone and the tearing ofthe tissue.” Brooks also told Goodman that he was in the back seat of thecar during the murder.
According to testimony, Davis bought a $100,000 lifeinsurance policy on Stuart in February 1996, naming himself as solebeneficiary. The State argued that Davis planned to pay Brooks andGilliam with the proceeds from the insurance policy.
Codefendant Information:
Walker Davis, Jr. was indicted for the same crimes asBrooks, yet was tried separately. He was also convicted, and on 06/30/97,he was sentenced to two terms of Life Imprisonment.
Trial Summary:
First Trial:
05/23/96 Indicted as follows:
Count I: First-Degree Murder (Rachel Carlson)
Count II: First-Degree Murder (Alexis Stuart)
04/10/98 Jury returned guilty verdicts on both counts of the indictment
04/19/98 Jury recommended death by votes of 10-2
09/29/98 Sentenced as follows:
Count I: First-Degree Murder (Rachel Carlson) – Death
Count II: First-Degree Murder (Alexis Stuart) – Death
Second Trial:
01/23/02 Jury returned guilty verdicts on both counts of the indictment
01/30/02 Jury recommended death by votes of 9-3 (Count I) and 11-1 (Count II)
02/25/02 Sentenced as follows:
Count I: First-Degree Murder (Rachel Carlson) – Death
Count II: First-Degree Murder (Alexis Stuart) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 94,308
787 So. 2d 765
11/13/98 Appeal filed
04/05/01 FSC overturned convictions, vacated sentences, and remanded for a retrial
06/04/01 Rehearing denied
07/05/01 Mandate issued
Florida Supreme Court – Direct Appeal (after retrial)
FSC# 02-538
918 So. 2d 181
03/06/02 Appeal filed
06/23/05 FSC affirmed convictions and sentences
01/09/06 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 05-9813
126 S. Ct. 2294
03/10/06 Petition filed
05/22/06 USSC denied petition
State Circuit Court – 3.851 Motion
CC# 96-00735
05/18/07 Motion filed
10/09/07 Motion amended
05/12/10 Evidentiaryhearing held
11/29/10 Motionsupplemented
01/21/11 Supplementstricken
03/11/11 Successive3.851 motion filed
Factors Contributing to the Delay in Imposition ofSentence:
Brooks’ original conviction and sentence wereoverturned.
Case Information:
Brooks filed a Direct Appeal with the Florida Supreme Courton 11/13/98, citing the following errors: permitting improper hearsay evidence;violating rights to confront witnesses and due process by permittingnon-testifying codefendants statements; denying motions for new trial;permitting the testimony of certain witnesses; denying a motion for mistrialafter impermissible comments on a right to remain silent; determining jurorqualifications; permitting the admission of photographs taken during a secondautopsy; denying a motion to strike venire/change venue; permitting theadmission of statements to law enforcement by codefendant under the hearsayrule; denying a motion for judgment of acquittal; and erroneously instructing,finding and doubling aggravating factors. On 04/05/01, the FloridaSupreme Court reversed the convictions and vacated the death sentences.
Brooks filed a Direct Appeal with the Florida Supreme Courton 03/06/02, citing the following errors: admitting the testimony of alife insurance salesman; allowing irrelevant testimony; admitting notes thepolice seized from the codefendant; allowing the state to impeach the testimonyof a witness; allowing testimony from a witness; denying several defenseobjections to the closing argument of the state; refusing to give a conspiracyinstruction; denying motions for mistrial; denying a motion to change the venueof the trial; finding that a death sentence is warranted in the case; findingthat the murder occurred during the course of an aggravated child abuse andthen using that fact to justify imposing a death sentence; refusing to requirethe jury to indicate if they found a verdict of guilty for felony murder, whichaggravating factors they found and by what vote; finding the pecuniary gain andcold, calculated and premeditated aggravating factors; and giving the jury’sdeath recommendation great weight because of extensive mitigation. On06/23/05, the Florida Supreme Court affirmed the convictions andsentences.
Brooks filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 03/10/06 that was denied on 05/22/06.
On 05/18/07, Brooks filed a Motion to Vacate in the StateCircuit Court, which was amended on 10/09/07. This motion wassupplemented on 11/29/10. On 01/21/11, Brooks’ supplement was stricken. Brooksfiled a successive 3.851 motion on 03/11/11. That motion is pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
05/11/01 60 DISOBEYINGORDER UNION C.I.
09/20/02 0 DISRESP.TOOFFICIALS FLORIDA STATE PRISON
________________________________________________________________________
Report Date: 01/20/06 JFL
Updated: 03/16/11 JJK