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. 

FITZPATRICK, Michael (W/M)

DC#    527097

DOB:  05/10/62         

Sixth Judicial Circuit, Pasco County Case # 97-482

Sentencing Judge: The Honorable Maynard Swanson, Jr.

Attorney, Trial: Bill Eble –Court-Appointed

Attorney, Direct Appeal: Robert Moeller – Assistant PublicDefender

Attorney, Collateral Appeals: Mark Gruber & Daphney Gaylord – CCRC-M

Date of Offense:          08/18/96

Date of Sentence:        11/02/01

Circumstances of Offense:

In August of 1996, Laura Romineswas living with her boyfriend, Joe Galbert, in aMotel 6 in Land O’Lakes, Florida.  Police were called to the Motel 6 inresponse to a domestic battery call in which Galbertbeat up Romines and dropped a bed on her head. A security guard at the motel, Stephen Kirk, tried to get Rominesinto a shelter, but was unsuccessful.  He then invited her to stay withhim and his roommate. 

On 08/17/96, after two weeks at Kirk’s apartment, Romines was asked to leave.  Pasco County Sheriff’sdeputies were called to Kirk’s apartment to escort Rominesfrom the apartment, and when they arrived, they tried unsuccessfully to get Romines into a shelter.  One of the deputies drove Romines to a convenience store (7-11) in HillsboroughCounty and dropped her off at approximately 7:30 or 8:00 p.m.  At thetime, Romines had a laundry basket and about seven oreight plastic garbage bags full of her belongings. 

Michael Fitzpatrick worked for Pro Pizza and was makingdeliveries on the night of 08/17/96.  After one delivery, he returned andtold the owners that he picked up a young lady at a convenience store and tookher to the Sunny Palms Motel.  Around 9:30 p.m., one of the owners was makinga delivery, saw Fitzpatrick at the Sunny Palms Motel, and told him to get backto work.  Fitzpatrick left work around 11:45 p.m. and took a pizza withhim. 

Witnesses at the Sunny Palms Motel saw Fitzpatrick drop Romines off at the motel.  Rominestold one of the motel’s residents that she was looking for a place to stay and Romines was referred to A.J. Howard, who frequently allowedyoung women to stay at his house.  Romines wentto Howard’s house and was later picked up by Fitzpatrick when he left work. 

In the early morning hours of 08/18/96, a nude Romines was seen standing on the side of a road, covered inblood – the result of a slit throat.  Romineswas airlifted to a hospital, but later died on 09/05/96.  Medicalexaminers determined the cause of death to be hemorrhaging and aspiration ofblood due to an incised wound of the neck that penetrated the larynx andesophagus. 

Due to witness sightings of Fitzpatrick with Romines on the night of 08/17/96, police began to focus onFitzpatrick as the primary suspect.  Fitzpatrick was asked to submit ablood sample for analysis.  Fitzpatrick’s DNA profile matched DNAevidence, including semen and bodily fluids, taken from a rape kit administeredto Romines at the hospital.   

Additional Information:

Fitzpatrick’s first trial resulted in a mistrial. 

Prior Incarceration History in the State of Florida:

Prior Community Supervision History in the State ofFlorida:

Trial Summary:

02/07/97         Indicted as follows:

                                   Count I:           First-Degree Murder

                                   Count II:           SexualBattery

03/30/01         Jury returned guilty verdicts on all counts of the indictment

04/05/01         Jury recommended death by a vote of 10-2

11/02/01         Sentenced as follows:

                                   Count I:           First-Degree Murder – Death

12/21/01         Sentenced as follows:

                                   Count II:           SexualBattery – 30 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 01-2759

900 So. 2d 1143

12/10/01         Appeal filed

01/27/05         FSC affirmed murder conviction and sentence

04/21/05         Revised opinion issued and rehearing denied

05/12/05         Mandate issued

Circuit Court – 3.851 Motion

CC# 97-482

(Pending)

07/05/06          Motionfiled

03/07/07          Motionamended

05/11/10          Motionamended

12/09/10          Motiongranted

Factors Contributing to the Delay in Imposition ofSentence:

The Direct Appeal was pending from 12/10/01 – 01/27/05.

Case Information:

Fitzpatrick filed a Direct Appeal with the Florida SupremeCourt on 12/10/01, citing the following errors: denying motions for acquittal,denying a motion to suppress statements made to detectives, denying a motion tosuppress DNA results, permitting the State to introduce detective testimony,denying a motion to suppress identifications, excluding critical defenseevidence, committing errors leading to an unreliable sentence, relying on anunconstitutional death penalty statute, and failing to use a sentencingguidelines score sheet for the Sexual Battery conviction.  On 01/27/05,the FSC affirmed the murder conviction and sentence.

Fitzpatrick filed a 3.851 Motion with the Circuit Court on07/05/06. The motion was amended on 03/07/07 and 05/11/10. On 12/09/10, theCircuit Court granted Fitzpatrick’s 3.851 motion, vacating his judgments and sentences.

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Report Date:   05/27/05          JFL

Updated:         01/07/10          JJK