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. 

SHERE, Richard E. (W/M)

DC #   116320

DOB:   07/07/66

Fifth Judicial Circuit, Hernando County, Case #88-028-CF

Sentencing Judge: The Honorable Raymond T. McNeal

Attorney, Trial:  Jennie Toner – Assistant PublicDefender

Attorneys, Direct Appeal: Edward L. Scott and Don Gleason –Specially Appointed Public Defenders

Attorney, Collateral Appeals: Pro Se; Frank Bankowitz(standby counsel) -- Registry

Date of Offense: 12/25/87

Date of Sentence: 04/17/89

Circumstances of Offense:

Richard Shere was convicted and sentenced to death for themurder of Drew Snyder.

Drew Snyder, the victim, was reported missing in December of1987.  The investigation into Snyder’s disappearance led police to speakwith Richard Shere on 01/13/88.  Shere was a friend of Snyder.  Sherewaived his Miranda rights, spoke with the police about the murder, and tookthem to several locations where portions of Drew Snyder’s murder occurred.

According to Shere, Bruce Demo, the codefendant and a friendof both Shere and Snyder, called Shere on 12/24/87, the night before themurder.  Demo said that Snyder had “ratted” on illegal activitiescommitted by both Demo and Shere.  Demo threatened to kill Shere if he didnot help him kill Snyder.  Demo and Shere went to Snyder’s home early onthe morning of 12/25/87 and convinced Snyder to go hunting with them. Shere said that he left his .22-caliber rifle on the roof of the car when he wentto relieve himself.  He claimed that Demo took the rifle and shot Snyder,who was still in the car, several times.  Shere stated that he wanted totake Snyder to the hospital, but Demo pulled out his own pistol and shot Snyderin the head and chest. 

Bruce Demo provided a different testimony about themurder.  Demo said that he was the one who went to relieve himself andheard shots.  He said that Shere was the one who delivered the firstcouple of shots.  According to Demo, Shere then pointed the firearm at himand ordered him to shoot Snyder.  Demo then shot Snyder in the head andchest.

Demo and Shere put Snyder’s body in the trunk and drove ashort distance.  Demo made Shere dig the hole and bury Snyder’s bodybecause, according to Demo, he was too upset by the events that hadtranspired.  Demo suggested that Shere take a few of Snyder’s belongingand dump them in Clearwater to make it look like Snyder had left town in ahurry, which Shere did with the help of his girlfriend, Heidi Greulich. 

Shere also traded the firearm, which the police recoveredlater and determined that the gun was the same one used to kill Snyder. The police were able to determine that shots had been fired in Shere’sautomobile and that there was human blood on a pair of Shere’s boots. Snyder was shot a total of ten times.  Shots were fired into his head,chest, back, buttocks, an arm, and one leg.  The two shots to the headwere determined to be from a pistol and one shot to the leg was from a rifle.

Heidi Greulich, who married Shere after the murder,testified to seeing blood on Shere’s clothing and in his car the day of themurder.  She also testified that Shere told her that he killed Snyderalone.  According to Shere, if Demo found out that Greulich knew Demo wasinvolved in the murder, then she would have been in danger from Demo.

Ray Pruden, a friend of Shere, testified that Shere told himthat he killed Snyder while they were hunting.  Shere did not indicate toPruden whether Demo was involved in the murder.

Codefendant Information: 

Bruce Demo (Hernando County Circuit Court #89-0021,#89-0512)

Bruce Demo was convicted and sentenced on 05/04/89.  Hereceived a life sentence for the Second Degree Murder of Drew Snyder(#89-0021).  On 09/01/89, he received two three-and-a-half year sentencesfor Possession of Firearm by a Felon and Carrying a Concealed Firearm(#89-0512).

Trial Summary:

02/02/88         Indicted on the following charge:

                                   Count I:          First-Degree Murder (Drew Snyder)

04/21/89         Adjudicated guilty for Count I of the indictment.

04/26/89         Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the deathpenalty.

04/17/89         Sentenced as follows:

                                   Count I:          First-Degree Murder (Drew Snyder) – Death

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC# 74,352

579 So. 2d 86 (Fla. 1991)

06/12/89         Appeal filed.

04/04/91         FSC affirmed the conviction and sentence.

06/04/91         Rehearing denied.

07/11/91         Mandate issued.

Circuit Court – 3.850 Motion

CC# 88-028-CF

02/02/93         Motion filed.

08/18/97         Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC# 91,614

742 So. 2d 215 (Fla. 1999)

10/16/97         Appeal filed.

06/24/99         FSC denied the Appeal.

08/24/99         Rehearing denied.

09/23/99         Mandate issued.

Circuit Court – 3.850 Motion

CC# 88-028-CF

04/15/98         Motion filed.

05/07/98         Motion denied.

Florida Supreme Court – Petition for Writ ofHabeas Corpus

FSC# 00-1960

830 So. 2d 56 (Fla. 2002)

09/25/00         Petition filed.

09/12/02         Petition denied.

10/28/02         Rehearing denied.

United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC# 00-cv-01996

2007 WL 2021950

09/26/00         Petition filed.

10/20/00         Administratively closed.

06/07/05         Reopened.

09/29/05         Amended petition filed.

07/11/07         Petition denied.

Circuit Court – 3.850 Motion

CC# 88-028-CF

02/25/03         Motion filed.

10/20/03         Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC# 03-1969

903 So.2d 936 (2005)

11/12/03         Appeal filed.

04/01/05         FSC affirmed the denial of Shere’s 3.850 Motion.

United States Court of Appeals, 11th Circuit – HabeasPetition Appeal

USCA# 07-13768

01/23/08         Appeal filed.

08/07/08         Judgment affirmed.

09/16/08         Mandate entered.

Circuit Court – 3.851 Motion

CC# 88-0028-CF

12/04/07            Motion filed

03/25/08         Amended Motion filed.

07/01/08         Order filed to hold case in abeyance pending disposition of USCA Case#07-13768.

05/04/10             Faretta Hearing held; Pro se motiongranted; Frank Bankowitz appointed as standby counsel.

03/28/11             Amended motion denied.

Florida Supreme Court – 3.851 Appeal

FSC# 11-809

(Pending)

04/27/11             Appeal filed

Factors Contributing to the Delay in Imposition ofSentence:

The first 3.850 Motion was pending for four years prior tobeing denied. 

Case Information:

Richard Shere filed his Direct Appeal in the Florida SupremeCourt on 06/12/89.  He raised several issues on Direct Appeal.  Theseissues included that the trial court erred in denying his motion for amistrial, denying his motion to suppress statements that he made to detectives,calling Greulich to testify, and denying post-trial motions for a juryinterview.  The Florida Supreme Court did not find errors that warrantedreversing the conviction or sentence and affirmed the conviction and sentenceon 04/04/91.  Rehearing was denied on 06/04/91.  A Mandate was issuedon 07/11/91.

Shere filed a 3.850 Motion in the Hernando County CircuitCourt on 02/02/93.  This Motion was denied on 08/18/97.

Shere filed a 3.850 Appeal in the Florida Supreme Court on10/16/97.  The Florida Supreme Court denied the appeal on 06/24/99. Rehearing was denied on 08/24/99.  A Mandate was issued on 09/23/99.

Shere filed a 3.850 Motion in the Hernando County CircuitCourt on 04/15/98.  This motion was denied on 05/07/98.

Shere filed a Petition for Writ of Habeas Corpus in theFlorida State Supreme Court on 09/25/00.  Shere claimed that counsel wasineffective because counsel did not certain issues on appeal.  Shere alsoargued that he is incompetent, thus executing him would constitute cruel andunusual punishment.  The Florida Supreme Court denied the petition on09/12/02.  Rehearing was denied on 10/28/02.

On 09/26/00, Shere filed a Petition for Writ of HabeasCorpus in the United States District Court, Middle District.  The petitionwas denied on 07/11/07.

Shere filed a 3.850 Motion in the Circuit Court on02/25/03.  The motion was denied on 10/20/03.

Shere filed a 3.850 Appeal in the Florida Supreme Court on11/12/03.  On 04/01/05, the Florida Supreme Court affirmed the denial ofShere’s 3.850 Motion.

On 01/23/08, Shere filed a Habeas Appeal in the UnitedStates Court of Appeals, 11th Circuit.  On 08/07/08, the USCA affirmed thejudgment of the lower court and on 09/16/08, entered a mandate of their decision.

Shere filed a 3.851 Motion in the Circuit Court on 12/04/07.On 03/25/08, Shere filed an amended pro se motion.  On 07/01/08, an orderwas entered holding this motion in abeyance until the USCA reaches a decisionin case# 07-13768. A Faretta Hearing was held on 05/04/10, where a pro semotion was granted, and Frank Bankowitz was appointed was standby counsel. Theamended motion was denied on 03/28/11.

On 04/27/11, Shere filed a 3.851 Appeal in the FloridaSupreme Court. This case is currently pending.

Institutional Adjustment:

DATE            DAYS             VIOLATION                                     LOCATION      

--------           ----                ----------------------------                 -------------------

01/27/92         30                  POSS OF UNAUTH BEV.                           FSP

09/06/94         0                     POSS OF UNAUTHBEV.                           UNION C. I.        

03/01/95         0                    UNAUTH USE OF DRUGS            UNION C. I.        

12/10/00         360                POSS OF ESCAPEPARA.                          UNION C. I.     

04/09/04         90                  ATTEMPTTO CONSPIRE                           UNION C. I. 

________________________________________________________________________

Report Date:    02/06/02          S.Q.

Approved:       07/01/02          W.S.

Updated:         05/09/11          EMJ