The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

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Last NameFirst NamePictureDC NumberAgencyCase Summary
PhilmoreLenard 314648CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
6/14/2004FSC04-10363.850 Appeal filed
6/15/2006FSC04-1036Disposition affirmed
8/30/2006FSC04-1036RH denied
2/9/2005FSC05-250Habeas petition filed
6/15/2006FSC05-250Habeas denied
9/22/2006USDC-S06-14249Habeas petition filed
2/5/2007USDC-S06-14249Response filed
3/2/2007USDC-S06-14249Reply to Response filed
7/17/2007USDC-S06-14249Habeas denied
7/30/2007USDC-S06-14249Motion for Certificate of Appealability filed
7/31/2007USDC-S06-14249Certificate of Appealability granted
8/14/2007USCA07-13637PHabeas appeal filed
7/23/2009USCA07-13637PCourt affirmed the denial of the Habeas Petition
12/10/2009USSC09-8066Petition for Writ of Certiorari

Current Attorney


Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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. 


PHILMORE, Lenard James (B/M)

DC#    314648  

DOB:  10/25/76


Nineteenth Judicial Circuit, Martin County, Case# 97-1672

Sentencing Judge, Trial:  The Honorable Cynthia Angelos

Attorneys, Trial:  Sherwood Bauer & Thomas Garland– Assistant Public Defenders

Attorney, Direct Appeal:  Patrick C. Rastatter –Assistant Public Defender

Attorneys, Collateral Appeals:  Richard E. Kiley &James V. Viggiano– CCRC-M


Date of Offense:  11/14/97     

Date of Sentence:  07/21/00


Circumstances of Offense:


Lenard Philmore was convicted in the 11/14/97, murder ofKazue Perron and sentenced to death. 


Philmore and Anthony Spann, the codefendant, wanted to go toNew York and decided to rob a store to obtain the money required to getthere.  Their first attempt to rob a pawnshop failed and, subsequently,they decided to rob a bank.  On 11/13/97, after picking up theirgirlfriends, Spann told Philmore that in order to rob a bank they needed tosteal a car to use as a getaway vehicle.  Spann also told Philmore theyhad to kill the driver. 


On 11/14/97, Philmore and Spann started to search for a carto steal at the Palm Beach Mall.  Using Spann’s Subaru, they followed awoman in her vehicle to another mall, but failed to steal her car.  Then,they noticed Perron driving her Lexus in a nearby neighborhood and began tofollow her.


Philmore and Spann followed Perron until she pulled into adriveway.  Spann then told Philmore to “get her.”  Spann walked up toPerron, who was still in her car, and asked if he could use her phone, but shetold him she did not live in the house.  Philmore then took out his gunand ordered her to move over to the passenger side of the car.  Philmoredrove Perron’s Lexus while Spann followed in his Subaru.  During thedrive, Perron was crying and told Philmore she was scared.


Spann flashed his lights at Philmore indicating that hewanted to pull over.  Spann then told Philmore to take Perron to thebank.  Philmore asked her if she had any money in her account.  Shetold him no but offered to give him the $40 she had with her.  Philmoretook off her rings and stored them in the armrest of the Lexus.  Perronasked if Philmore or Spann was going to kill her, and he replied that no onewas going to kill her.


After they continued to drive for a while, Spann flashed hislights again indicating that they should turn down a street.  They werethen in western Martin County.  Once they stopped, Philmore told Perron toget out of the car and to start to walk toward some high vegetation in thearea.  Perron began to resist and Philmore shot her once in the head.Philmore put the body in the vegetation. 


Philmore and Spann, both still in the separate cars, thendrove to Indiantown and stopped at a store where Spann pointed out a bank forthem to rob.  Philmore left the Lexus a distance from the bank and rodewith Spann.  While Spann was waiting in the car, Philmore went into thebank, grabbed $1,100 from the teller, and returned to the Subaru.  Theythen drove to the Lexus, hid the Subaru and drove away.  Philmorediscarded his tank top out of the car window, which had Perron’s blood onit. 


They drove back to Palm Beach County to pick up theirgirlfriends and eat.  Philmore then wanted to go to a house because he hadleft his shoes there.  Upon driving to the house, they spotted anundercover police vehicle near the house.  The officer in the vehiclerecognized Spann because of an outstanding warrant he had.  Spann, withPhilmore and the two girls in the car, sped away and the officer followed,which began a high-speed chase on Interstate 95.


The chase led them back to Martin County, where a tire blewout on the Lexus.  All four of them hid in a nearby orange grove, but werediscovered by the manager of the grove.  The manager told authoritieswhere to find them and they were arrested. 


During the Police interviews Philmore confessed to therobbery, stealing the car and shooting Perron.  On 11/21/97, Philmore tookthe police to the spot they had left Perron’s body.


Trial Summary:


11/14/97         Defendant was arrested

12/16/97         Indicted as follows:

                                   Count I:          First-Degree Murder (Perron)

                                   Count II:         Conspiracy to CommitRobbery with a Deadly


                                   Count III:        Carjacking with a DeadlyWeapon

                                   Count IV:        Kidnapping

                                   Count V:         Robbery with a DeadlyWeapon

                                   Count VI:        Grand Theft

02/24/98         Defendant entered a written plea of not guilty

01/20/00         Jury returned guilty verdicts on all counts of the indictment

01/28/00         Jury recommended death by a vote of 12-0

07/21/00         Sentenced as follows:

                                   Count I:          First-Degree Murder (Perron) – Death

CountII:         Conspiracy to CommitRobbery with a Deadly Weapon – 15years                             

                                   Count III:        Carjacking with a DeadlyWeapon – Life

                                   Count IV:        Kidnapping – Life

                                   Count V:         Robbery with a DeadlyWeapon – Life

                                   Count VI:        Grand Theft – 5 years


Codefendant Information:


Anthony Spann (DC# 347463)


Spann was indicted by the same grand jury with the samecharges as Philmore, but they were tried separately.  Spann received adeath sentence and is currently on death row appealing his conviction andsentence (CC# 97-3500).


Prior Incarceration History in the State of Florida:



Offense Date


Sentence Date


Case No.

Prison Sentence


Robbery W/Firearm or Deadly Weapon


Palm Beach


4Y 0M 0D



Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 00-1706

820 So. 2d 919


08/21/00         Appeal filed

05/30/02         Conviction and sentence affirmed

06/21/02         Mandate issued


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 02-5109

123 S. Ct. 179


07/05/02         Petition filed

10/07/02         Petition denied

State Circuit Court – 3.850 Motion

CC# 97-1672CFA


09/16/03         Motion filed

05/13/04         Motion denied


Florida Supreme Court – 3.850 Appeal

FSC# 04-1036

937 So.2d 578


06/14/04         Appeal filed

06/15/06         FSC affirmed the trial court’s denial of Philmore’s 3.850 Motion

08/30/06         Motion for rehearing denied

09/15/06         Mandate issued


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 05-250  

937 So.2d 578


02/09/05         Petition filed

06/15/06         Petition denied

09/15/06         Mandate issued


United States District Court, Southern District –Habeas Petition

USDC# 06-14249


09/22/06         Petition filed

07/17/07         Petition denied

07/30/07         Motion for Certificate of Appealability filed

07/31/07         Appealability granted


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

USCA# 07-13637P

575 F.3d 1251


08/14/07         Appeal filed

07/23/09         USCA affirmed the denial of the Petition


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-806


12/10/09         Petition filed

03/22/10          Petition denied


Case Information:


On 08/21/00, Philmore filed his Direct Appeal to the FloridaSupreme Court.  Philmore contended that the trial court erred in notsuppressing his statements made to the officers while being questioned aboutthe circumstances. He also claimed that the trial court erred in not findingerror in the State’s peremptory challenge that was not race-neutral. Philmore argued that the trial court wrongly dismissed his motion to excludepictures of the victim’s body.  He also claimed that the State madeimproper statements during both the guilt and penalty phase.  Philmore claimed that the trial court improperly found the “avoid arrest”aggravator.  He contended that the trial court failed by rejecting theunder extreme mental disturbance, substantial domination of another and theimpairment of capacity mitigators.  The Florida Supreme Court found nomerit to any of Philmore’s arguments and affirmed his conviction and sentenceon 05/30/02.


On 07/05/02, Philmore filed a Petition for Writ of Certiorarito the United States Supreme Court, which subsequently was denied on 10/07/02.


On 09/16/03, Philmore filed a 3.850 Motion to the CircuitCourt, which was denied on 05/13/04.


On 06/14/04, Philmore filed a 3.850 Appeal to the FloridaSupreme Court.  On appeal, Philmore asserts that the trial court erred indenying several of his claims of ineffective counsel (during pre-indictmenttrial, jury selection, penalty phase, and in conceding Philmore’s guilt). Accordingly, Philmore’s reliance on the Court’s 2003 decision in the Nixon caseto support his claim of ineffective counsel is without merit.  On06/15/06, the Court affirmed the trial court’s denial of Philmore’s 3.850Motion.  The mandate was issued on 09/15/06.


On 02/09/05, Philmore filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court.  Philmore raised four claims thetrial failed to consider:  (1) expert testimony, (2) the constitutionalityof Florida’s death penalty statute, (3) ineffective assistance of trial counsel,(4) jury instructions, and (5) competency at the time of execution (violationof his Eighth Amendment rights).  Philmore argues that the cumulativeeffect of the trail errors deprived him of a fundamentally fair trial. Since the Court concluded that Philmore’s other claims were without merit orwere procedurally barred, the Court further concluded that Philmore that therewas no cumulative effect to consider and was not deprived of a fundamentallyfair trial.  The Petition was denied on 06/15/06 and the mandate wasissued on 09/15/06.


On 09/22/06, Philmore filed a Petition for Writ of HabeasCorpus to the United States District Court, Southern District, which was deniedon 07/17/07.  On 07/30/07, Philmore filed a Motion for Certificate ofAppealability which was granted on 07/31/07.


On 08/14/07, Philmore filed a Habeas Appeal in the UnitedStates Court of Appeals, 11th Circuit.  This court affirmed the denial ofPhilmore’s Petition for Writ of Habeas Corpus on 07/23/09.


On 12/10/09, Philmore filed a Petition for Writ ofCertiorari to the United States Supreme Court.  This petition was deniedon 03/22/10.



Institutional Adjustment:



  DATE    DAYS          VIOLATION                         LOCATION       

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



08/27/01       0      MAILVIOLATIONS            FLORIDASTATE PRISON




Report Date:    07/29/03         EMC   

Approved:       09/02/03         WS                 

Updated:         03/26/10          CAR