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. 

TROY, John (W/M)

DC#     121605

DOB:  12/05/69

­­­

Twelfth Judicial Circuit, Sarasota County Case # 01-12500 

Sentencing Judge: The Honorable Lee E. Haworth

Attorney, Trial: Adam Tebrugge – Assistant Public Defender

Attorney, Direct Appeal: Steven L. Bolotin – AssistantPublic Defender

Attorney, Collateral Appeals: Robert Strain & DavidGemmer – CCRC-M

Date of Offense: 09/11/01

Date of Sentence: 01/23/04

Circumstances of Offense:

While in prison, John Troy became pen pals with MarilynBrooks.  The two became romantically involved and planned to live togetherafter Troy’s release from prison.  When Troy was released from prison, heand Brooks lived together at his mother’s apartment.

After he was released in July of 2001, Troy checked in withhis probation officer.  The officer informed him that he was required tobe drug tested, and if he ever tested positive for drugs he would be sent backto prison.  A drug test was scheduled for the evening of 09/11/01. On that date, Troy tested positive for cocaine.  His drug counselor toldhim to expect to be re-incarcerated soon.

Troy returned to his residence and Brooks began to arguewith him, mainly about the amount of time it took him to get back from histest.  Around this time, Troy called his grandfather in Tennessee andasked for money to repair his car.  Troy then left the apartment tellingBrooks he was going to the local convenience store to get something todrink.  Brooks claims the trip should have taken no more than 20 minutes;however, he was gone for over an hour.  When he returned, Brooksconfronted him about where he was and called him a liar.  She angrily toldhim she was leaving, but Troy convinced her to stay.  Troy then said hewas going to go for a walk around the apartment complex.  Brooks decidedto just go to bed and told Troy to wake her up went he got back in.  Troynever returned.

After Troy left Brooks for the last time, he went to afriend’s house to ingest cocaine – his third trip to his friend’s house thatevening.   He discussed with his friend his plans to go back toTennessee and live with his grandfather.  Troy left and returned to hisfriend’s house for a fourth time in the early hours of 09/12/01.  Troyacted normal; however, he had some scratches on his face, money and a car,later determined to belong to Bonnie Carroll.   Troy and his friendwent to a local drug dealer and bought more cocaine, which they injected later.

A little after midnight, Troy had gone to the apartment ofhis neighbor – Karen Curry.   He pounded on the sliding glass door ofher apartment.  She was startled and told him to leave.  He compliedand Curry immediately called the police to report what happened.

Bonnie Carroll was a neighbor of Troy’s, and they wereslight acquaintances.  Troy told his mother that Carroll gave him a rideto the store, and they went back to her apartment.  Troy told his motherand Brooks that after he and Carroll got back to her apartment, they had drinksand smoked marijuana.  According to Troy, Carroll began bad-mouthingBrooks and an argument ensued, which turned physical.  Troy then tiedCarroll up and gagged her.

According to a confession to police, Troy tied Carroll upwith electrical cords while in Carroll’s living room.  The two beganfighting, eventually ending up in the bedroom, where Carroll agreed to have sexwith Troy.  Carroll freed her hands and again began fighting with Troy,who gagged her and then began stabbing her with broken glass and a knife. Troy thought Carroll was dead and left the room, only to hear movement in thebedroom.  He then returned to the bedroom and cut her throat.  Troy’sDNA (including clothing and shoes covered in Carroll’s blood) and fingerprintsat the scene confirmed Troy’s involvement in Carroll’s murder.

The murder of Bonnie Carroll occurred after Troy’s encounterwith Curry.  Carroll’s body was found by her mother on the evening ofSeptember 12th.  Carroll died from 44 stab wounds, several blunt forceinjuries, bruising to her face and head, and multiple defensive wounds – 54wounds in total.  She also had a piece of cloth in the back of her mouthand a portion of cloth tied loosely around her neck.  Although no semenwas found in or on Carroll, she had two very small areas of vascular dilationon her external genitalia, indicating attempted sexual battery.

On 09/12/01, after Troy left Carroll’s apartment, he went tovisit a friend of his mother, Traci Burchette.  He attacked her with a 2x4board, took her ATM card, a jar of coins, and her car.  Burchette calledpolice and was subsequently arrested and charged for the murder of Carroll andthe attack on Burchette.

Additional Information:

Troy was also incarcerated three separate times inTennessee.  In Fayetteville, he spent 5 years in prison for sellingcocaine in1988.  In 1992 he was incarcerated for burglary in LincolnCounty and incarcerated for 3 years for aggravated assault in Hickman County in1993.  Troy was still on parole status from Tennessee when he committedthe offenses on 09/11/01 in Florida.

Prior Incarceration History in the State of Florida:

Prior Community Supervision History:

Trial Summary:

10/11/01         Indicted as follows:

CountI:           First-DegreeMurder

11/06/01         Information presented as follows:

CountIV:        Attempted Sexual Battery

08/01/03         Indicted as follows:

CountII:         Armed Burglary

CountIII:        Armed Robbery

08/21/03         Jury returned guilty verdicts on all counts of the indictment.

08/28/03         Jury recommended death by a vote of 11-1.

01/23/04         Sentenced as follows:

CountI:           First-DegreeMurder – Death

CountII:         Armed Burglary – Life

CountIII:        Armed Robbery – Life

CountIV:        Attempted Sexual Battery – 30years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 04-332

948 So. 2d 635

02/26/04         Appeal filed

10/19/06         FSC affirmed convictions and sentences

01/24/07         Rehearing denied

02/09/07         Mandate issued

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

USSC# 06-10760

127 S. Ct. 2981

04/18/07         Petition filed

06/18/07         USSC denied petition

State Circuit Court – 3.851 Motion

CC# 01-12500

06/10/08         Motion filed

03/03/09         Motion denied

Florida Supreme Court – 3.851 Appeal

FSC# 09-526

03/23/09         Appeal filed

01/06/11            FSC affirmed denial of 3.851 Motion

01/21/11            Motion for Rehearing filed

03/24/11            Motion denied

04/11/11            Mandate issued

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

USDC# 11-796

(Pending)

04/12/11          Petition filed

Case Information:

On 02/26/04, Troy filed a direct appeal to the Florida SupremeCourt, citing the following court errors: denying voluntary intoxication to beadmissible as a defense or used to show lack of intent; using insufficientcircumstantial evidence to prove the charge of attempted sexual battery;failing to allow expressions of remorse or testimony regarding his remorse;allowing the introduction of a suppressed confession; excluding testimony froma witness; refusing to instruct the jury on the mitigating circumstance ofpsychological age; and using an unconstitutional death penalty statue andprocedure.   On 10/19/06, the FSC affirmed the convictions andsentences.

On 04/18/07, Troy filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 06/18/07.

On 06/10/08, Troy filed a 3.851 Motion for PostconvictionRelief in the Circuit Court.  This motion was denied on 03/03/09.

On 03/23/09, Troy filed a 3.851 Appeal in the FloridaSupreme Court. The FSC affirmed the denial of the 3.851 Motion on01/06/11. A Motion for Rehearing was filed on 01/21/11 and was denied on03/24/11. A Mandate was issued on 04/11/11.

Troy filed a Petition for Writ of Habeas Corpus in the UnitedStates District Court, Middle District, on 04/12/11. This case is currentlypending.

________________________________________________________________________

Report Date:  03/08/07          JFL

Updated:        05/04/11         EMJ