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.
WYATT, Thomas Anthony (W/M)
DC # 121892
DOB: 01/06/64
Nineteenth Judicial Circuit, Indian River County, Case#88-748-CF-A
Change of Venue to Sarasota County (Counts I-III & V-XV)
Change of Venue to Pinellas County (Count IV)
Sentencing Judge: The Honorable John G. Ferris
Attorneys, Trial (Counts I-III & V-XV): ErnonSidaway & Diamond Horne - Special Appointed Public Defenders
Attorneys, Trial (Count IV): Ernon Sidaway &Diamond Horne - Special Appointed Public Defenders
Attorney, Direct Appeal (Counts I-III & V-XV): GaryCaldwell - Assistant Public Defender
Attorney, Direct Appeal (Count IV): Gary Caldwell -Assistant Public Defender
Attorneys, Collateral Appeals: Leor Veleanu &Lucrecia Diaz – CCRC-S
Date of Offenses: 05/17/88; 05/19/88
Date of Sentences: 02/22/91; 12/20/91
Circumstances of Offense:
On May 13, 1988, Thomas Anthony Wyatt and Michael Lovetteescaped from a prison work crew in North Carolina and fled to Florida. InJacksonville, Florida, they stole a car from a used car dealership and drove toVero Beach. Inside the stolen car, Wyatt and Lovette found a .38 caliberhandgun. On May 17, 1988, the two men checked into a hotel under assumednames and called their families in North Carolina. The two men begandrinking at a local bar, where they again made collect calls to their families. After leaving the bar, the two men stopped at a Domino’s Pizza restaurantto commit a robbery.
Upon entering the restaurant, Wyatt instructed deliverydriver Matthew Bornoosh to remove his work shirt and give it to Lovette. Lovette put on the shirt, disguising himself as an employee, so any passersbywould not become suspicious. Wyatt ushered two of the employees, FrancesEdwards and Michael Bornoosh, into the bathroom. He took the manager,William Edwards (Frances’ husband), into the office to open the time-delayedsafe. After obtaining the money from the safe, Wyatt raped FrancesEdwards and shot all three employees. Medical examiners reports indicatedthat each of the three victims had been fatally shot and that the seminal fluidfound in the Frances Edwards’ body matched DNA samples taken from ThomasWyatt.
Following the Domino’s robbery, Wyatt and Lovette drovewest. Before reaching Tampa, the car they had stolen overheated. Wyatt and Lovette set the car on fire and hitched a ride to Tampa.
While drinking at a bar in Tampa, Wyatt met the fourthvictim, Cathy Nydegger. Towards the end of the night, Wyatt and Nydeggerwere seen leaving the bar together. Shortly after they left, Wyatt returned tothe bar. He spoke to Lovette briefly and then both men left thebar. The following day Cathy Nydegger’s body was found along the side ofa road in Indian River County. She had been fatally shot in thehead.
Wyatt then checked into a motel in Clearwater using analias. He was driving Nydegger’s car. While at the motel, Wyatt metFreddie Fox. Wyatt gave Fox his gun and some bullets. Ballisticsreports indicated that the gun given to Fox matched the rifling characteristicsof the gun and bullets used to kill Nydegger.
Michael Lovette returned to Statesville, North Carolina,where he surrendered to the police. Lovette confessed to police his partin the crime spree, telling police that he was not the trigger man in any ofthe murders.
Tommy Wyatt was arrested in South Carolina on an unrelatedcharge. While in jail, Wyatt confessed to the murders to inmate PatrickMcCoombs. At trial, McCoombs testified against Wyatt.
Codefendant Information:
The state charged Michael Lovette with four counts ofFirst-Degree Premeditated Murder, Sexual Battery, three counts of Kidnapping,two counts of Robbery with a Firearm, three counts of Grand Theft, Arson, andPossession of a Firearm by a Convicted Felon. The court severed the Nydeggermurder and the firearm possession. Lovette received three deathsentences. In his Direct Appeal, the Florida Supreme Court vacated the deathsentences and the conviction for Sexual Battery. The Florida SupremeCourt affirmed the remaining convictions and remanded the case to the trialcourt for a new sentencing proceeding. Michael Lovette wasresentenced to life on the murder convictions and is currently serving 11 lifesentences at Okaloosa Correctional Institution.
Trial Summary:
05/10/89 Indicted on the following charges:
Count I: First-Degree Murder (Frances Edwards)
Count II: First-Degree Murder (William Edwards)
Count III: First-Degree Murder (Matthew Bornoosh)
Count IV: First-Degree Murder (CathyNydegger)
Count V: Sexual Battery (Frances Edwards)
Count VI: Kidnapping (Frances Edwards)
Count VII: Kidnapping (Williams Edwards)
Count VIII: Kidnapping (Matthew Bornoosh)
Count IX: Robbery with a Firearm
Count X: Robbery with a Firearm
Count XI: Grand Theft
AdjudicationDeferred
Count XII: Grand Theft Auto
Count XIII: Grand Theft Firearm
Count XIV: Second-Degree Arson
Count XV: Possession of a Firearm by a Convicted Felon
Charge NolleProssed
01/29/91 Wyatt was found guilty on charges I-III, V-X, XII-XIV.
01/31/91 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the
imposition of thedeath penalty on Counts I-III.
02/22/91 Wyatt was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: First-Degree Murder - Death
Count III: First-Degree Murder - Death
Count V: Sexual Battery - Life
Count VI: Kidnapping -Life
Count VII: Kidnapping - Life
Count VIII: Kidnapping - Life
Count IX: Robbery with a Firearm - Life
Count X: Robbery with a Firearm – Life
Count XII: Grand Theft Auto – 5 Years
Count XIII: Grand Theft Firearm – 5 Years
Count XIV: Second-Degree Arson – 15 Years
11/26/91 Wyatt was found guilty on Count IV.
12/03/91 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the
imposition of thedeath penalty for the murder of Cathy Nydegger.
12/20/91 Wyatt was sentenced as followed:
CountIV: First-Degree Murder - Death
Appeal Summary:
Florida Supreme Court – Direct Appeal (Counts I-III)
FSC #77,666
641 So. 2d 1336
04/01/91 Appeal filed.
09/08/94 FloridaSupreme Court affirmed the convictions and sentences of death.
11/03/94 Rehearing denied.
12/05/94 Mandate Issued.
United States Supreme Court – Petition for Writ ofCertiorari (Counts I-III)
USSC #94-8644
514 U.S. 1119
03/27/95 Petition filed.
05/15/95 Petition denied.
Florida Supreme Court – Direct Appeal (Count IV)
FSC #79,245
641 So. 2d 355
01/17/92 Appeal filed.
05/05/94 Florida Supreme Court affirmed the conviction and sentence of death.
06/30/94 Rehearing denied in light of the issuance of a revised opinion.
09/30/94 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari (Count IV)
USSC #94-7738
514 U.S. 1023
01/17/95 Petition filed.
03/20/95 Petition denied.
State Circuit Court – 3.850 Motion (Counts I-IV)
CC #88-748
03/17/97 Motion filed.
11/30/99 Amended motion filed.
03/30/04 Amended motion filed.
03/24/06 Amended motion filed.
02/12/08 Amended motion filed.
02/29/08 Motion denied.
03/11/08 Motion for Rehearing filed.
03/19/08 Rehearing denied.
Florida Supreme Court – 3.851 Appeal (Counts I-III)
FSC# 08-655
(Pending)
04/04/08 Appeal filed.
04/07/09 Jurisdiction relinquished to circuit courtfor supplemental motion
Florida Supreme Court – 3.851 Appeal (Count IV)
FSC# 08-656
(Pending)
04/02/08 Appeal filed.
04/07/09 Jurisdiction relinquished to circuit courtfor supplemental motion
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 09-556
(Pending)
03/27/09 Petition filed
State Circuit Court – 3.850 Motion (Counts I-III andIV)
CC #88-748
08/17/09 Evidentiary Hearing held
10/22/09 Supplemental motion denied
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 10-632
(Pending)
04/07/10 Petition filed
Factors Contributing to the Delay in Imposition ofSentence:
In March of 1997, Wyatt filed a 3.850 Motion in the StateCircuit Court. An Interlocutory Appeal stemming from the 3.850 Motion wasfiled in the Florida Supreme Court on 09/08/00. On 12/13/01, the FloridaSupreme Court issued an opinion that quashed the trial court’s order grantingthe State’s motion for an in-camera hearing and remanded to allow CCRC-N towithdraw as counsel due to conflict and CCRC-S was appointed.
Subsequent to the filing of the 3.851 Appeals in 2008,jurisdiction was relinquished to the circuit court from 4/7/09 until 10/22/09to litigate a supplemental 3.850 motion.
Case Information:
On 04/01/91, Thomas Wyatt filed a Direct Appeal in theFlorida Supreme Court pertaining to his death sentences for the “Domino’s”murders. In that appeal, he argued that the trial court committedreversible error during voir dire by mentioning the Possession of a Firearm bya Convicted Felon charge, which had been severed from the trial. Wyattalso contended that evidence that he was an escaped convict and evidence thathe had committed other crimes was improperly admitted. The FloridaSupreme Court found no merit to Wyatt’s claims of error during the guiltphase. Regarding the penalty phase, Wyatt claimed that the trial courterred in failing to grant his motion for a continuance in order to secure hismother’s testimony in mitigation. The record shows that the defense wasprepared to call more than 12 witnesses to testify in mitigation, but thatWyatt expressed that he did not want any witnesses called. It was onlythe night before the sentencing proceedings that Wyatt requested the testimonyof his mother, who he knew would be unavailable. The Florida SupremeCourt noted, as indicated by the trial court record, that Wyatt effectivelywaived presentation of mitigating evidence. Wyatt also argued theconsideration and application of aggravating factors. The Florida SupremeCourt affirmed Wyatt’s convictions and death sentences on 09/08/94. Wyattthen filed a Petition for Writ of Certiorari in the United States SupremeCourt, which was denied on 05/05/95.
On 01/17/92, Wyatt filed another Direct Appeal pertaining tothe Nydegger murder. In that appeal, he argued that the trial court erredin allowing admission of certain character evidence and in allowing admissionof improper comments made by the prosecutor during closing arguments. Inregard to the penalty phase of the trial, Wyatt argued the consideration andapplication of several aggravating and mitigating circumstances. TheFlorida Supreme Court agreed that the “avoid arrest” and cold, calculated andpremeditated (CCP) aggravating factors were not proven beyond a reasonabledoubt. The court found these errors to be harmless in lieu of thesignificance of the other valid aggravating evidence in Wyatt’s case. Additionally, Wyatt claimed error in the penalty phase instructions and thepresentation of improper hearsay testimony. The Florida Supreme Courtaffirmed Wyatt’s conviction and sentence of death for the murder of CathyNydegger on 05/05/94.
Wyatt then filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 03/20/95.
On 03/17/97, Wyatt filed a 3.850 Motion in the State CircuitCourt pertaining to all four of his murder convictions. The motion wasamended on 11/30/99, 03/30/04, 03/24/06, and 02/12/08. On 02/29/08, this3.850 motion as denied in the Circuit Court. On 03/11/08, Wyatt filed aMotion for Rehearing, which was denied on 03/19/08.
On 04/02/08, Wyatt filed a 3.851 Motion Appeal in theFlorida Supreme Court concerning Count IV of the indictment and claims 36, 37,38 and 39 of the 3.851 Motion. On 04/07/09, the court relinquished jurisdictionto the circuit court for a supplemental motion. This case is currentlypending.
On 04/04/08, Wyatt filed a 3.851 Motion Appeal in theFlorida Supreme Court concerning Count I-III of the indictment and claims 28,29, 30, and 31 of the 3.851 Motion. On 04/07/09, the court relinquishedjurisdiction to the circuit court for a supplemental motion. This case iscurrently pending.
Wyatt filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 03/27/09. This case is currently pending.
On 08/17/09, an Evidentiary Hearing was held in the circuitcourt. On 10/22/09, the court denied the supplemental motion.
Wyatt filed a Petition for Writ of Habeas Corpus in the FloridaSupreme Court on 04/07/10. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
--------- ---- ---------------------------- -------------------
07/11/94 0 FIGHTING UNION C.I.
08/12/94 0 UNAUTH USE OFDRUGS UNION C.I.
05/22/95 0 POSS OFCONTRABAND UNION C. I.
02/07/00 30 POSS OFCONTRABAND FSP
06/08/01 30 POSS OFCONTRABAND FSP
________________________________________________________________________
Report: 04/04/03 EW
Approved: 04/07/03 WS
Updated: 02/15/11 MJH