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 onfor statistical or legal purposes.
HILL, PaulJennings (W/M)
DC # 459364
DOB: 02/06/54
First JudicialCircuit, Escambia County, Court Case # 94-3510
Federal DistrictCourt Case # 94-3118
SentencingJudge: The Honorable Frank L. Bell
TrialAttorney: Pro Se
Attorney, DirectAppeal: Michael R. Hirsh, Esq. & Roger J. Frechette, Esq.
Date ofOffense: 07/29/94
Date of StateSentence: 12/06/94
Date of FederalSentence: 12/02/94
Circumstancesof Offense:
On July 29,1994, Paul Hill, an anti-abortion activist, shot Dr. John Britton, JamesBarrett and June Barrett outside a Pensacola, Florida, clinic where abortionswere performed. Dr. Britton and James Barrett were killed in theshooting. Mrs. Barrett was injured.
On the morningof July 29, James Barrett and his wife June, both volunteers at the LadiesCenter, met Britton, a doctor who performed abortions at the airport, andacting as escorts, drove him to the center. They arrived at the center ina pickup truck driven by James Barrett. Hill was waiting for them outsidethe center. As Mr. Barrett exited the truck, Hill shot and killed JamesBarrett and wounded June Barrett. He then shot and killed Dr.Britton. Hill was arrested shortly thereafter while walking away from thecenter.
State Trial Summary:
08/09/94 Indicted as follows:
Count I First-Degree Murder
Count II First-Degree Murder
Count III AttemptedFirst-Degree Murder
Count IV Shooting Into anOccupied Vehicle
11/02/94 Jury returned guilty verdicts on all counts of the indictment
11/03/94 Jury recommended two death sentences by votes of 12-0
12/06/94 Sentenced as follows:
Count I Death
CountII Death
CountsIII-IV 160.75 years
The following information comes fromJudge Bell’s sentencing order:
CONSECUTIVE/CONCURRENT AS TO OTHERCONVICTIONS:
X – It is further orderedthat the composite term
for all sentences imposedfor the counts specified
in this order shall run
(check one) X consecutiveto ____ concurrent
with the following:
(check one)
____ any active sentence beingserviced.
X_ specific sentences:FEDERAL
SENTENCE
Federal TrialSummary:
08/12/94 Indicted as follows:
Counts I-III Injuring and Interfering inProviding Reproductive
Health Services
Count IV Firearms charge
10/05/94 Jury returned guilty verdicts onall counts of the indictment
12/02/94 Sentenced as follows:
Counts I-II Life Imprisonment, concurrent
Count III 120 months,concurrent
Count IV 60 months,consecutive
AdditionalInformation
On 09/27/94, astate Faretta hearing was held to determine if Hill would be allowed to act ashis own counsel. At the hearing, the trial court allowed Hill torepresent himself, with a court-appointed attorney on “stand-by” in case Hillrequested help and to represent him if necessary.
State AppealsSummary:
Florida Supreme Court - Direct Appeal
FSC # 84,838
688 So.2d 901
12/12/94 Appeal filed
11/27/96 FSC affirmed the conviction and sentence
03/06/97 FSC denied motion for rehearing
04/09/97 Mandate issued
U.S. Supreme Court - Petition for Writ of Certiorari
USSC # 96-1957
522 U.S. 907
06/04/97 Petition filed
10/06/97 USSC denied Petition
State Circuit Court – 3.850 Motion
CC # 94-3510
10/06/98 Motion filed
12/18/98 CC dismissed motion
FloridaSupreme Court – Application for Stay of Execution
FSC# 03-1451
08/26/03 Application filed
08/28/03 FSC dismissed Application
08/28/03 Motion for Reconsideration filed
08/28/03 State’s Response
08/29/03 Motion for Reconsideration denied
08/29/03 Supplemental Authority filed
FederalAppeal Summary:
UnitedStates Court of Appeals, 11th Circuit, Appeal
USCA # 94-3600
01/06/95 Appeal filed
02/14/95 USCA dismissed Appeal
Warrants:
07/09/03 Death warrant signed by GovernorBush. Execution set for 09/03/03.
08/26/03 Application for Stay of Execution filed (Dismissed 08/28/03)
CaseInformation:
Hill filed adirect appeal with the Florida Supreme Court in 1994. He argued that thetrial court did not inform him of the difficulty of self-representation whileunder incarceration, adding that he was not sufficiently educated andexperienced in the law to understand the difficulty in presenting adefense. Hill also argued that the court erred in allowing the state’smotion to prevent him from presenting evidence concerning abortion and hisviews on abortion as a defense for his actions. The two arguments andother guilt phase and penalty phase arguments were rejected by the court in its1996 affirmation of Hill’s conviction and sentence. The defendant’srequest for a rehearing was denied the following year.
The defendantthen petitioned the U.S. Supreme Court for a writ of certiorari in 1997, whichthe court denied in the same year.
Hill filed a3.850 motion with the Florida Circuit Court on 10/06/98 that was dismissed bythe same court on 12/18/98.
Michael Hirshand Richard Frechette, on Hill’s behalf, filed an Application for Stay ofExecution on 08/26/03 that was dismissed on 08/28/03. Hirsh and Frechettefiled a Motion for Reconsideration on 08/28/03, which was denied on08/29/03.
Paul Hill wasexecuted on 09/03/03.
Reportdate: 03/28/01 TB
Approved: 03/28/01 WHS
Updated: 09/05/01 JFL 08/29/03 EW
07/10/03 EMC 09/04/03 EW
08/26/03 JFL
08/27/03 JFL
08/28/03 JFL