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. 

PETERSON, Charles C. (B/M)

DC# 081163

DOB: 08/11/59

6th Judicial Circuit, Pinellas County Case # 00-5107

Sentencing Judge: The Honorable Linda Allan

Attorney, Trial: Richard Watts – Private

Attorney, Direct Appeal: J. Marion Moorman and AndreaNorgard – Public Defender’s Office

Attorney, Collateral Appeals: David Hendry– CCRC-M

Date of Offense: 12/24/97

Date of Sentence: 1/06/06

Circumstances of Offense:

On December 24, 1997, John Cardoso, an employee at a “BigLots” store in St. Petersburg, was shot and killed by a masked gunman during anarmed robbery.  Six store employees, Karen Smith, Maria Soto, Shirley Bellamy,John Cardoso, Josh McBride, and Wanda Church, were closing the store afterbusiness hours on Christmas Eve when they were surprised by a maskedassailant.  Smith, Soto, and Bellamy were in the locked office when they heardcrashing noises coming from the employee break room.  When the three womenopened the door to investigate the noise, they saw a man with a gun and Cardosolying face down on the floor of the break room.  The gunman was wearing a nylonstocking over his face and latex gloves on his hands.  The gunman held the gunto Smith’s head, forcing the women to step over Cardoso’s body on the waythrough the break room and into the adjacent stockroom.  Once in the stockroom,the three women and Josh McBride, another employee who had entered thestockroom, were made to get down on their hands and knees.  The gunmanthreatened Smith again in order to force the remaining employee, Wanda Church,into the stockroom with the others.  The gunman then forced Smith to go intothe office.  He took a backpack from the sales floor and ordered Smith to fillit with money, demanding that she not look at him.  When the bag was filled, hemoved everyone into the break room and made them lie on the floor next toCardoso’s body.  After the gunman left through the store’s emergency exit, Sotoand Church got up to call the police.

Cardoso died as a result of a gunshot wound to the torso. He had also sustained abrasions and contusions to the right back, arm, andhand, which appeared to have been inflicted shortly before the time of death. According to the forensic testimony of Associate Medical Examiner Dr. NoelPalma, Cardoso was shot from the back from a distance of less than 12 inches.

During the investigation, Smith identified Peterson from aphotopack shown to her by law enforcement officers.  Although Soto could notidentify the assailant during the investigation, she identified Peterson as theassailant during the trial.  James Davis, who was a customer in the Big Lotsstore on the day of the robbery, identified Peterson from a photopack as a manhe saw lingering and pacing in the back of the store on the day in question.

Additional Information:

Pursuant to Williams v. State, 110 So. 2d 654, 663(Fla. 1959), the State presented evidence that Peterson had robbed a FamilyDollar, a Phar-Mor, and a McCrory’s in the Tampa/St. Petersburg area betweenFebruary of 1997 and August of 1998.  The circumstances of these robberies wereconsistent with the Big Lots robbery.  DNA evidence implicated Peterson as theassailant in the Family Dollar and Phar-Mor robberies.  The victim of theMcCrory’s robbery identified Peterson as the assailant from a police photopack.

At the time of themurder, Peterson was serving a life sentence under community supervision.

Prior Incarceration History in the State of Florida:

Trial Summary:

03/21/00          Indictedas follows:

                                    CountI:           First-Degree Murder (John Cardoso)

07/27/05          Juryreturned guilty verdicts on all counts of the indictment

07/29/05          Juryrecommended death by a vote of 8-4

01/06/06          Sentencedas follows:

                                    CountI:           First-Degree Murder (John Cardoso) – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 06-252

2So.3d 146

02/09/06          DirectAppeal filed

12/02/08          OralArguments held

01/29/09          FSCaffirmed the conviction and sentence of death

03/09/09          Mandateentered

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-5057

06/25/09          Petitionfiled

10/05/09          Petitiondenied

Circuit Court – 3.850 Motion

CC# 00-5107

(Pending)

09/21/10         Motion filed

Factors Contributing to the Delay in Imposition ofSentence:

There have been no unduedelays at this time.

Case Information:

On 02/09/06, Petersonfiled a Direct Appeal to the Florida Supreme Court, citing the followingissues: (1) the trial court erred in permitting extensive evidence of threeprior crimes to be admitted in this case where the evidence did not havesufficient similarity to prove identity, where the prejudicial impact of thisevidence far outweighed the probative value and impermissibly became a featureof this trial; (2) death by lethal injection constitutes cruel and unusualpunishment in violation of the Eight Amendment; (3) the sentence of death isdisproportionate; (4) the trial court erred in denying defense counsel’s motionfor mistrial and for a new penalty phase due to the improper presentation bythe prosecutor of testimony and argument that the defendant had no remorse forthe victims or the crimes; (5) Florida’s capital sentencing process isunconstitutional because a judge, rather than a jury, determines sentence andthe jury recommendation need not be unanimous in order to impose a deathsentence; (6) the existence of the prior violent felony aggravator should notbar the application of Ring v. Arizona to this case; and (7) the penaltyphase jury instructions unconstitutionally shift the burden of proof to thedefendant to establish mitigating factors and to show that the mitigatingfactors outweigh the aggravating circumstances.  Oral Arguments were held on12/02/08.  On 01/29/09, the Florida Supreme Court affirmed the conviction andsentence of death.  On 03/09/09, the Florida Supreme Court issued a mandate inaccordance with their Opinion, rendered on 01/29/09.

Peterson filed a Petitionfor Writ of Certiorari in the United States Supreme Court on 06/25/09. Thispetition was denied on 10/05/09.

On 09/21/10, Petersonfiled a 3.850 with the Circuit Court.  This motion is still pending.

Institutional Adjustment:

This information isunavailable at this time.

________________________________________________________________________

Report Date:   02/05/09          AEH

Approved:       02/24/09          RM

Updated:         01/26/11          CAR