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.
IBAR, Pablo (W/M)
DOB: 04/01/72
Seventeenth Judicial Circuit, Broward County Case # 94-13062
Sentencing Judge: The Honorable Lance True Andrews
Attorney, Trial: Kayo Morgan & Barbara Brush – Private
Attorney, Direct Appeal: Peter Raben – Private
Attorney, Collateral Appeals: Ben Waxman – Court-appointed
Date of Offense: 06/26/94
Date of Sentence: 08/28/00
Circumstances of Offense:
On 06/26/94, a Palm Beach County police officer discovered aMercedes SL convertible on fire in a road south of South Bay, Florida. The car was registered to Casmir Sucharski, the owner of a nightclub called Casey’sNickelodeon. The Miramar Police Department was notified and a Mirimarpolice officer went to Sucharski’s home to tell him that his car had beenfound. The officer knocked on the door and received no answer, so hestuck his card in the door and left.
On 06/27/94, a woman called the Broward County Sheriff’sDepartment and reported that her daughter, Marie Rogers, and her friend SharonAnderson had gone to Casey’s Nickelodeon on 06/25/94 but had not returnedhome. A deputy went to Casey’s Nickelodeon to investigate and was toldthat Rogers and Anderson had left the club early on the morning of the 26thin the company of Sucharski. The deputy then went to Sucharski’s house,saw Anderson’s car in the driveway, but no one answered the door. A Miramarpolice department card was still in the door, so the deputy peered inside andsaw three bodies.
The bodies in the house were Sucharski, Rogers, andAnderson, and all three died of gunshot wounds to the back and back of thehead. Video surveillance footage inside the house showed intruders cominginside the house, beating Sucharski, and shooting all three victims in the backof the head. Video footage also showed the intruders rummaging throughthe house and garage and taking Sucharski’s watch and boots. One of theintruders had something covering his face, but eventually removed it, while theother intruder wore a cap and sunglasses, which were never removed.
Miramar police distributed flyers with pictures of theintruders taken from the surveillance video footage. Three weeks afterthe murders, Miramar police received a call from the Metro-Dade PoliceDepartment and were informed that a man matching the flyer picture was incustody on an unrelated charge. The man was identified as Pablo Ibar. Ibar was identified as the man who uncovered his face during the murders.
Ibar lived with several friends in a rented house inHollywood, Florida. One of the roommates identified Ibar and anotherroommate, Seth Penalver, as the men pictured on the flyer. Ibar wasidentified as the man who uncovered his face, while Penalver was identified asthe man who wore a cap and sunglasses.
Codefendant Information:
Seth Penalver was alsosentenced to death for his role in the murders. On 02/02/06, the FloridaSupreme Court reversed Penalver’s convictions, vacated his sentences, andremanded for a new trial.
Additional Information:
Pablo Ibar and SethPenalver were tried together in 1998, but the trial ended in a mistrial due toa hung jury. They were tried separately again in 2000 and both wereconvicted and sentenced to death.
Pablo Ibar gained Spanishcitizenship after his 2000 conviction.
Trial Summary:
08/25/94 Indicted as follows:
Count I: First-Degree Murder (Casimir Sucharski)
Count II: First-Degree Murder(Sharon Anderson)
Count III: First-Degree Murder (MarieRogers)
Count IV: Armed Burglary
Count V: Armed Robbery
Count VI: Attempted Armed Robbery
06/14/00 Jury returned guilty verdicts on all counts of the indictment
07/24/00 Jury recommended death by votes of 9-3
08/28/00 Sentenced as follows:
Count I: First-Degree Murder (Casimir Sucharski) – Death
Count II: First-Degree Murder(Sharon Anderson) – Death
Count III: First-Degree Murder (MarieRogers) – Death
Count IV: Armed Burglary – 25 years
Count V: Armed Robbery – 25years
Count VI: Attempted Armed Robbery –10 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 00-2043
938 So. 2d 451
09/25/00 Direct Appeal filed
03/09/06 FSC affirmed convictions and sentences
09/07/06 Rehearing denied
09/25/06 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-788
127 S. Ct. 1326
12/05/06 Petition filed
02/20/07 Petition denied
Circuit Court – 3.851 Motion
CC# 94-13062
(Pending)
02/19/08 Motion filed
Factors Contributing to the Delay in Imposition ofSentence:
Ibar’s Direct Appeal waspending from 09/25/00 – 03/09/06.
Case Information:
On 09/25/00, Ibar filed aDirect Appeal with the Florida Supreme Court, citing the following trial courterrors: failing to find that out of court statements were “statements ofidentification”; admitting witness testimony for purposes of impeachingtestimony; admitting the transcript of testimony given by a deceased witness ata previous trial; allowing the State to introduce hearsay evidence and experttestimony; precluding admission of evidence regarding third-party motive,animosity, and reputation evidence; admitting evidence regarding a live lineup;denying due process by references to certain evidence; and violating theFlorida and U.S. Constitutions with the imposition of the death penalty. On03/09/06, the FSC affirmed the convictions and sentences.
Ibar filed a Petition forWrit of Certiorari with the U.S. Supreme Court on 12/05/06 that was denied on02/20/07.
Ibar filed a 3.851 Motionwith the State Circuit Court on 02/19/08. This petition is currently 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
08/11/03 0 FIGHTING UNION C.I.
01/02/04 180 REF. SUB. ABUSETEST UNIONC.I.
Report Date: 08/16/06 JFL
Updated: 08/20/08 KLH