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. 

DIAZ, Joel (H/M)

DC#    Y06133

DOB:   06/13/73

Twentieth Judicial Circuit, Lee County Case # 97-3305

Sentencing Judge: The Honorable Thomas S. Reese

Attorney, Trial: J. Frank Porter & Neil Potter – Private

Attorney, Direct Appeal: Steven Bolotin – Assistant PublicDefender

Attorney, Collateral Appeals:  Terri Backhus &Roseanne Eckert – CCRC-S

Date of Offense:         10/28/97

Date of Sentence:       01/29/01

Circumstances of Offense:

Joel Diaz and Lissa Shaw dated for about two years, and inthe second year of their relationship, Lissa Shaw and her daughter lived inDiaz’s home.  In August 1997, Lissa Shaw moved in with her parents,Charles and Barbara Shaw.  After she moved out, Lissa Shaw refused allcontact with Joel Diaz. 

On 10/06/97, Diaz purchased a .38 caliber revolver from apawn shop.  After waiting for the mandatory three-day waiting period andfor his background check to clear, Diaz picked up the gun from the pawnshop. 

On 10/28/97, Diaz went to the Shaw’s house to confront LissaShaw.  At 6:30 a.m., Lissa Shaw was leaving for work.  She startedher car, which was parked in the garage, and saw someone slip under the garagedoor when she opened the it with a remote control.  Diaz was then at herdriver’s side window, pointing a gun at her.  Lissa Shaw distracted Diaz,then shoved the car into reverse and backed out of the garage.  Diaz firedthree shots at the car, striking her in the neck and shoulder. Before she droveherself to the hospital, she saw Diaz confront Charles Shaw in the front yard,pointing the gun at Mr. Shaw.  Mr. Shaw and Diaz had a confrontation inthe garage that continued with Diaz chasing Mr. Shaw into the master bedroom. At some point in the confrontation, a neighbor, Roy Isakson, came toinvestigate the gunshots.  Diaz pointed the gun at Isakson and told him to“Get the f--- out of here.” Isakson left and called the police. 

Barbara Shaw, a quadriplegic, was lying in bed at the timeof the argument. In the bedroom, Diaz had the gun pointed at Charles Shaw, whowas trying to calm Diaz. Diaz pulled the trigger, but the gun was out ofammunition. When Charles Shaw realized that Diaz was reloading, he fled to the bathroom.Diaz followed and shot Shaw three times in the chest. Barbara Shaw screamed,“Why did you do this?” Diaz answered that Charles Shaw deserved to die. Diaz then returned to the bathroom and fired two more shots into CharlesShaw.  According to Barbara Shaw, Diaz said, “If that bitch of a daughterof yours, if I could have got her, I wouldn’t have had to kill your husband.”Diaz remained in the house until police arrived and arrested him. 

Trial Summary:

11/18/97         Indicted as follows:

Count I            First-DegreeMurder (Charles Shaw)

CountII           AttemptedFirst-Degree Murder (Lissa Shaw)

CountIII          Aggravated Assaultwith a Firearm (Roy Isakson)

07/28/00         Jury returned guilty verdicts on all counts of the indictment

10/10/00         Jury recommended death by a vote of 9-3

01/29/01         Sentenced as follows:

Count I            First-DegreeMurder (Charles Shaw) – Death

CountII           Attempted First-DegreeMurder (Lissa Shaw) – 12 years 7 months

CountIII          Aggravated Assaultwith a Firearm (Roy Isakson) – 5 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 01-278 

860 So.2d 960

02/05/01         Appeal filed

09/11/03         FSC affirmed convictions and sentences

11/18/03         Rehearing denied and Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 03-8914

541 U.S. 1011

02/11/04         Petition filed

04/26/04         USSC denied Petition

Circuit Court – 3.851 Motion

CC# 97-3305

(Pending)

04/15/05          Motion filed

06/21/10          Evidentiary hearing held

Factors Contributing to the Delay in Imposition ofSentence:

The 3.851 motion has been pending for over 5 years.

Case Information:

On 02/05/01, Diaz filed a Direct Appeal with the FloridaSupreme Court, citing the following errors:  finding that the murder washeinous, atrocious, or cruel; finding that the murder was cold, calculated, andpremeditated; and the disproportionality of the death penalty.  On09/11/03, the FSC affirmed the convictions and sentences. 

On 02/11/04, Diaz filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 04/26/04.

On 04/15/05, Diaz filed a 3.851 Motion with the CircuitCourt. An evidentiary hearing was held from 06/21/10-06/24/10. The 3.851 motionis pending. 

Institutional Adjustment:

THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.

DATE    DAYS                   VIOLATION                                      LOCATION      

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09/05/01    14                      POSS OFCONTRABAND                FLORIDA STATE PRISON

________________________________________________________________________

Report Date:   01/12/04          JFL

Approved:       01/26/04          WS

Updated:         08/05/10          KKR