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.
WALTON, Jason Dirk (W/M)
DC # 093268
DOB: 10/09/58
Sixth Judicial Circuit, Pinellas County, Case #83-630
Sentencing Judge: Honorable William L. Walker
Resentencing Judge: Honorable Mark B. McGarry, Jr.
Attorney, Trial: Donald O’Leary, Esq.
Attorney, Resentencing: Donald O’Leary, Esq.
Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender
Attorney, Direct Appeal, Resentencing: Douglas S. Connor –Assistant Public Defender
Attorney, Collateral Appeals: William McKinley Hennis, III –CCRC-S
Date of Offense: 06/18/82
Date of Sentence: 03/14/84
Date of Resentencing: 08/29/86
Circumstances of Offense:
Eight-year-old Chris Fridella contacted police in the earlymorning hours of 06/18/82, notifying them that his father and two of hisfather’s friends had been shot. When authorities arrived at the scene,they found Steven Fridella, Bobby Martindale, and Gary Petersen dead, lyingface down on the floor with their hands bound behind them. The victim’swallets had been rummaged through, and the house had been scoured in anapparent search for valuables.
Approximately six monthslater, Robin Fridella, Steven Fridella’s ex-wife, furnished police withinformation that pointed to Jason Walton (who she was romantically involvedwith at the time) and his accomplices: Terry Van Royal, Richard Cooper and JeffMcCoy. During an interview, Walton confessed to the robbery, but deniedactually shooting any of the victims. Walton relayed the followinginformation in his statement: The four codefendants had planned therobbery for over a week and, on the evening of 06/17/82, they went to theFridella residence. Walton, Royal, McCoy and Cooper rounded up the adultsin the house, tied their hands and laid them down on the living roomfloor. Jeff McCoy then returned to the car while the other three menremained in the house. Eight-year-old Chris Fridella was also bound and usheredinto the bathroom, where he was left physically unharmed. Walton searchedthe house for money and cocaine while Cooper and Royal guarded thecaptives. Walton claimed he ordered everyone to leave after one of thecaptives was able to identify him. Walton stated that he heard gunshotsas he left the house.
According to thetestimony of codefendant Richard Cooper, Walton pronounced that all three menmust be shot after he was identified. Walton commanded Cooper and Royalto open fire on the captive men when his own gun misfired. Upon leavingthe house, Walton told Cooper that one of the men was still alive, at whichtime he ordered Cooper to return and shoot Fridella again.
Trial Summary:
01/20/83 Defendant arrested.
01/27/83 The defendant entered a plea of “not guilty.”
04/06/83 Amended indictment filed:
Count I: First-DegreeMurder (Gary Petersen)
Count II: First-DegreeMurder (Bobby Martindale)
Count III: First-Degree Murder (StevenFridella)
04/14/83 The defendant pled “not guilty” to the charges alleged in the amendedindictment.
02/09/84 The jury found the defendantguilty on all counts charged on the indictment.
02/10/84 Upon advisory sentencing, the jury, by a majority of 12 to 0, voted for thedeath penalty for the murder of Steven Fridella. The jury recommended thedeath penalty, by an 11 to 1 majority vote, for the murders of Bobby Martindaleand Gary Peterson.
03/14/84 The defendant was sentenced as followed:
Count I: First-DegreeMurder (Gary Petersen) - Death
Count II: First-DegreeMurder (Bobby Martindale) - Death
Count III: First-Degree Murder (StevenFridella) - Death
12/19/85 The Florida Supreme Court affirmed Walton’s convictions, but remanded forresentencing because Walton never had the opportunity to confront two of hiscodefendants whose confessions were used against him during the penalty phase.
08/14/86 At resentencing, the juryrecommended the death penalty, by a 9 to 3 majority vote, on all three murderconvictions.
08/29/86 The defendant was resentenced as follows:
Count I: First-DegreeMurder (Gary Petersen) - Death
Count II: First-DegreeMurder (Bobby Martindale) - Death
Count III: First-DegreeMurder (Steven Fridella) - Death
Codefendant Information:
Jeffrey McCoy pled guilty to all three counts ofFirst-Degree Murder and agreed to testify at trial against his codefendants inexchange for life imprisonment.
Terry Van Royal was convicted of all three counts ofFirst-Degree Murder and received three death sentences for his part in themurders. The Florida Supreme Court affirmed Van Royal’s convictions, butremanded for a new penalty phase, in which he was resentenced to lifeimprisonment.
Richard Cooper was convicted of three counts of First-DegreeMurder and received three death sentences.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #65,101
481 So. 2d 1197
04/02/84 Appeal filed.
12/19/85 Florida Supreme Court affirmed Walton’s convictions, but remanded forresentencing because Walton never had the opportunity to confront two ofhis codefendants whose confessions were used against him during the penaltyphase.
02/19/86 Rehearing denied.
03/27/86 Mandate issued.
Florida Supreme Court – Direct Appeal (Resentencing)
FSC #69,389
547 So. 2d 622
06/29/89 Florida Supreme Court affirmed Walton’s sentences.
09/07/89 Rehearing denied.
10/09/89 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #89-6078
493 U.S. 1036
11/06/89 Petition filed.
01/08/90 Petition denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
634 So. 2d 1059
10/03/90 Appeal filed.
05/27/93 In a consolidated opinion withWalton’s 3.850 Appeal, the FSC relinquished jurisdiction to the trial court toreexamine the denial of Walton’s request for public records. The FSCreserved ruling on all other issues pending the disposition of the publicrecords dispute in the trial court.
08/12/93 Rehearing denied.
State Circuit Court – 3.850 Motion
CC #83-630
12/17/90 Motion filed.
02/26/91 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #78,070
634 So. 2d 1059
06/11/91 Appeal filed.
05/27/93 In a consolidated opinion withWalton’s Habeas, the FSC relinquished jurisdiction to the trial court toreexamine the denial of Walton’s request for public records. The FSCreserved ruling on all other issues pending the disposition of the publicrecords dispute in the trial court.
08/12/93 Rehearing denied.
State Circuit Court – 3.850 Motion (On Remand FromFSC)
CC #83-630
05/27/93 FSC remanded Walton’s 3.850 Motion to the trial court pursuant to his requestfor public records.
11/06/98 After receiving the requested public records, Walton filed a third amendedmotion.
01/12/01 Third amended motion denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #76,695
847 So. 2d 438
03/08/01 Following the denial of Walton’s third amended 3.850 Motion, Walton’s Petitionfor Writ of Habeas Corpus returned to the FSC.
02/27/03 Petition denied.
05/29/03 Rehearing denied in light of revised opinion.
06/30/03 Mandate issued.
Florida Supreme Court – 3.850 Appeal
847 So. 2d 438
03/08/01 Following the denial of Walton’s third amended 3.850 Motion, Walton’s 3.850Appeal returned to the FSC.
02/27/03 Denial affirmed.
05/29/03 Rehearing denied in light of revised opinion.
06/30/03 Mandate issued.
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC #SC03-1151
859 So. 2d 516
06/25/03 Petition filed.
10/03/03 Petition denied as successive.
UnitedStates District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #04-2176
09/30/04 Petitionfiled.
04/08/08 Amendedpetition filed.
08/27/05 Secondamended petition filed.
04/20/09 Thirdamended petition filed.
11/03/10 Petitiondenied.
11/12/10 Motionto alter or amend judgment.
01/07/10 Motiondenied.
CircuitCourt – 3.851 Motion
CC# 83-630
02/10/06 Motion filed.
11/07/06 Motion amended.
03/09/07 CC denied motion.
Florida Supreme Court – 3.851Motion Appeal
FSC# 07-704
3 So.3d 1000
04/17/07 Appeal filed.
01/29/09 Denial affirmed, Appeal denied.
02/13/09 Motion for Rehearing filed.
02/25/09 Rehearing denied.
03/13/09 Mandate issued.
CircuitCourt – 3.851 Motion
CC# 83-630
10/13/10 Motion filed
12/20/10 Motion denied
Florida Supreme Court – 3.851Appeal
FSC# 11-153
(Pending)
01/24/11 Appeal filed
United States Court of Appeals, 11thCircuit – Habeas Appeal
USCA #11-10558
(Pending)
02/03/11 Appeal filed
Warrants:
09/24/90 Death warrant signed by Governor Bob Martinez.
11/28/90 Execution set.
10/24/90 Stay of Execution granted by the Florida Supreme Court.
Clemency:
09/12/90 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of the Sentence:
Walton’s case was first delayed in 1985 when the FloridaSupreme Court remanded for a new penalty phase proceeding. Followingresentencing, Walton filed another Direct Appeal that took approximately threeyears to reach the affirmation of his death sentences.
In 1990 and 1991, Walton filed a Petition for Writ of HabeasCorpus and a 3.850 Appeal, respectively. In 1993, in a consolidatedopinion, the Florida Supreme Court relinquished jurisdiction to the trial courtin order to examine Walton’s request for public records. The SupremeCourt reserved ruling on any remaining issues pending the disposition of thepublic records debate. Walton’s 3.850 Motion was again denied in thetrial court in 2001, and his original 3.850 Appeal and Habeas Petition werereturned to the Florida Supreme Court on 03/08/01 for reconsideration. All relief was subsequently denied on 02/27/03.
In 2004, Walton filed aPetition for Writ of Habeas Corpus in the United States District Court, MiddleDistrict. This case has been delayed for approximately six years, due torepeated amended petitions. A final decision was made on 11/03/10 and thepetition was denied.
Case Information:
On 04/02/84, Jason Waltonfiled a Direct Appeal in the Florida Supreme Court. In that appeal, heargued that he was denied the right to confront witnesses against him duringthe penalty phase of his trial in violation of Engle v. State. Walton contended that his constitutional rights were violated because theconfessions of his codefendants were presented during the penalty phase withoutthem being available for cross-examination. On 12/19/85, the FloridaSupreme Court affirmed the convictions and remanded Walton’s case to the trialcourt for a new penalty phase hearing.
Walton was againsentenced to death on 08/29/86. He filed a Direct Appeal in the FloridaSupreme Court on 09/29/86. Walton argued that the trial court erred inallowing a psychiatrist to testify regarding the condition of Chris Fridella,the eight-year old son of one of the victims, who was present during themurders. The Florida Supreme Court agreed that it was error to admit thetestimony; however, it was harmless. Walton also contended that the Stateimproperly admitted evidence about his lack of remorse, which constituted anon-statutory aggravating circumstance. Finally, Walton contended thatthe trial court erred in permitting evidence of his alleged prior drugoffenses, none of which resulted in convictions. The Florida SupremeCourt affirmed Walton’s sentences on 06/29/89.
Next, Walton filed aPetition for Writ of Certiorari in the United States Supreme Court, which wasdenied on 01/08/90.
Governor Bob Martinezsigned a death warrant on Jason Walton on 09/24/90 and set the execution for11/28/90. The Florida Supreme Court granted a Stay of Execution on10/24/90 and ordered that post-conviction motions be filed by 12/15/90.
On 12/17/90, Walton fileda 3.850 Motion in the State Circuit Court, which was denied on 02/26/91. He then filed a Petition for Writ of Habeas Corpus and 3.850 Motion in theFlorida Supreme Court on 10/03/90 and 06/11/91, respectively. The Habeasand the 3.850 Appeal were examined together and, on 05/27/93, the FloridaSupreme Court issued a consolidated opinion that relinquished jurisdiction onWalton’s case to the trial court in order to reconsider Walton’s public recordsrequest.
Following the disclosureof the requested public records, Walton filed a third amended 3.850 Motion inthe State Circuit Court on 11/06/98. A limited evidentiary hearing washeld on the new claims raised from the disclosure of the public records. Walton’s third amended 3.850 Motion was denied on 01/11/01. Following thatdenial, Walton’s original 3.850 Appeal and Petition for Writ of Habeas Corpus,supplemented with new claims based on disclosure of public records, returned tothe Florida Supreme Court for consideration on 03/08/01. The FloridaSupreme Court affirmed the denial of Walton’s 3.850 Motion and denied thePetition for Writ of Habeas Corpus on 02/27/03. Walton’s Motion forRehearing was denied in light of a revised opinion issued on 05/29/03. The mandate was issued on 06/30/03.
Walton filed anotherPetition for Writ of Habeas Corpus in the Florida Supreme Court on 06/25/03,which was denied as successive on 10/03/03.
Walton filed a Petitionfor Writ of Habeas Corpus in the United States District Court, Middle Districton 09/29/04. On 04/08/08, Walton filed an amended Petition for Writ ofHabeas Corpus and then a second amended petition on 08/27/05. Waltonfiled a third amended petition on 04/20/09. This petition was denied on11/03/10. On 11/12/10, Walton filed a Motion to Alter or Amend Judgment, andon 01/07/11, the motion was denied.
Walton filed a 3.851Motion in the Circuit Court on 02/10/06 and amended the motion on11/07/06. On 03/09/07, the Circuit Court denied the motion.
Walton filed a 3.851 MotionAppeal in the Florida Supreme Court on 04/17/07. On 01/29/09, the FloridaSupreme Court affirmed the Circuit Court’s disposition and denied the 3.851Appeal. On 02/13/09, Walton filed a Motion for Rehearing, which was denied on02/25/09. The Florida Supreme Court issued a mandate in accordance with theopinion rendered on 01/29/09.
On 10/13/10, Walton fileda 3.851 Motion in the State Circuit Court, and, on 12/20/10, the motion wasdenied.
Walton filed a 3.851Appeal in the Florida Supreme Court on 01/24/11, which is pending.
Walton filed a Petitionfor Writ of Habeas Corpus Appeal in the United States Court of Appeals on02/03/11, which is pending.
Institutional Adjustment: JASON DIRK WALTON DC#093268
| DATE | DAYS | VIOLATION | LOCATION |
| 04/24/95 | 0 | REF. SUB. ABUSE TEST | UNION C. I. |
| 07/25/95 | 0 | REF. SUB. ABUSE TEST | UNION C. I. |
| 05/09/96 | 0 | REF. SUB. ABUSE TEST | UNION C. I. |
| 08/01/01 | 0 | DISOBEYING ORDER | UNION C. I. |
Entered 07/25/02 EW
Approved 08/07/02 WS
Updated 02/28/11 MJH