The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
WyattThomas 121892CCRC-SCase Summary

Last Action

DateCourtCase NumberLast Action
4/4/2008FSC08-6553.851 appeal filed (Counts I-III)
3/27/2009FSC08-655Initial brief filed
4/7/2010FSC08-655Initial amended brief filed
7/12/2010FSC08-655Answer brief filed
9/13/2010FSC08-655Reply brief filed
4/6/2011FSC08-655Oral Argument held 4/6/11
4/2/2008FSC08-6563.851 appeal filed (Count IV)
4/7/2010FSC08-656Initial brief filed
5/24/2010FSC08-656Amended Initial Brief filed
7/12/2010FSC08-656Answer brief filed
9/13/2010FSC08-656Reply brief filed
4/6/2011FSC08-656Oral Argument held 4/6/11
3/27/2009FSC09-556Habeas Petition filed
12/14/2009FSC09-556Response filed
2/5/2010FSC09-556Reply filed
4/6/2011FSC09-556Oral Argument held 4/6/11
4/7/2010FSC10-632Petition for Writ of Habeas Corpus
7/12/2010FSC10-632Response filed
4/6/2011FSC10-632Oral Argument held 4/6/11

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
ReassignedCCRC-SFort Lauderdale, FL101 NE 3rd Ave Ste 40033301954/713-1284 


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Reassigned1988-00748-CFACiancaIndian RiverSouth10/25/2002 

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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


                                   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



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



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



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



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