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.
DELGADO, Jesus (H/M)
DC# 658187
DOB: 04/15/65
Eleventh Judicial Circuit, Dade County Case # 90-36048
Sentencing Judge: The Honorable Norman S. Gerstein
Attorney, Trial: Howard Sohn, Esq.& David Peckins – Assistant Public Defender
Attorney, Retrial: Edward Koch & Alan Greenstein –Assistant Public Defenders
Attorney, Direct Appeal: Roy D. Wasson – Private
Attorney, Collateral Appeals: Charles White – Registry
Date of Offense: 08/29/90
Date of Sentence: 06/19/96
Date ofSentence: 10/18/04
Circumstances of Offense:
On the evening of 08/30/90, Marlene McField,a neighbor of Tomas and Violetta Rodriguez, witnessedthe Rodriguez’s arrive home, and later in the evening, she heard theRodriguez’s dogs wailing.
The following morning, McFieldwent to the Rodriguez’s and noticed that the gate leading to the front porchwas ajar and the key was still in the lock on the inside of the gate. McField rang the doorbell, and when no one responded, shecalled the police.
The police found the front door unlocked, with no sign offorced entry. When the police entered the kitchen, they found abloodstained knife and a pistol on the floor. A wooden door leading tothe garage was cracked in the center and the hinges were broken. The bodyof Tomas Rodriguez was found inside the garage, with bullet and stabwounds. Violetta Rodriguez’s body was foundagainst the garage wall and had blunt force and stab wounds. A single set ofbloody footprints that did not match either Mr. or Mrs. Rodriguez led from thegarage to the kitchen and a single drop of Jesus Delgado’s blood was found inthe garage. A mixture of Delgado’s and the Rodriguez’s blood was found inthe garage, on the pistol, and on the kitchen phone. Delgado’s palm printwas found on the phone and the last number dialed from the phone was theresidence where Delgado lived at the time.
In June of 1990, the Rodriguez’s sold their dry-cleaningbusiness to Horatio Lamellas, whose daughter, Barbara Lamellas, and herboyfriend, Delgado, ran the business. After the sale, Delgado complainedto the Rodriguez’s that the machines were not working properly and customerswere not satisfied. Delgado became a suspect due to the evidence found atthe crime scene and the complaints about the dry-cleaning business. Delgado was not located and arrested until 12/23/92, more than two years afterthe murders.
Prior Incarceration History in the State of Florida:
Prior to the crime, Delgado had a significant criminalrecord. The following is a list of Delgado’s prior prison and communitysupervision history with the Florida Department of Corrections:
| Prior Prison History: |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 07/24/1985 | AGG ASSLT-W/WPN NO INTENT TO K | 04/20/1987 | BROWARD | 8511181 | 1Y 6M 0D | | |
| Prior Community Supervision History: |
| Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length | | |
| 10/01/1985 | AGGRAVATED BATTERY | 01/22/1986 | BROWARD | 8511181 | 1Y 6M 0D | | |
| 04/25/1986 | BURG/DWELL/OCCUP.CONVEY | 09/15/1986 | MIAMI-DADE | 8611601 | 2Y 0M 0D | | |
| 04/25/1986 | GRAND THEFT,$300 LESS &20,000 | 09/15/1986 | MIAMI-DADE | 8611601 | 2Y 0M 0D | | |
| 04/25/1986 | FORGERY/UTTERING | 09/15/1986 | MIAMI-DADE | 8611602 | 2Y 0M 0D | | |
| 04/25/1986 | GRAND THEFT,$300 LESS &20,000 | 09/15/1986 | MIAMI-DADE | 8611602 | 2Y 0M 0D | | |
| 04/30/1990 | GRAND THEFT,$300 LESS &20,000 | 05/21/1990 | MIAMI-DADE | 8903500 | 1Y 0M 0D | | |
| 04/30/1990 | FRAUD-HOSP EMP CONSPIRES | 05/21/1990 | MIAMI-DADE | 8941566 | 1Y 0M 0D | | |
Trial Summary:
07/27/93 Indicted as follows:
CountI First-Degree Murder
CountII First-Degree Murder
CountIII Armed Burglary
CountIV Use of a Firearm During a Felony
10/27/95 Jury returned guilty verdicts on all counts of the indictment. The State didnot prosecute Count IV of the indictment.
11/21/95 Jury recommended a death sentence for Count I by a vote of 7-5, and a deathsentence for Count II by a vote of 12-0.
06/19/95 Sentenced as follows:
CountI First-Degree Murder – Death
CountII First-Degree Murder –Death
CountIII Armed Burglary – Lifeimprisonment
08/24/00 FSC remanded for retrial
05/26/04 Jury returned guilty verdicts on the First-Degree Murder counts. The State didnot prosecute Count III of the indictment.
07/08/04 Jury recommended death sentences by votes of 9-3.
10/18/04 Sentenced to death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 88,638
776 So. 2d 233
07/31/96 Appeal filed
02/03/00 FSC ordered one sentence reduced to life and affirmed one sentence
08/24/00 Rehearing motion granted
Opinion of02/03/00 withdrawn and new opinion substituted
FSC remanded for anew trial
01/15/01 Mandate issued
Florida Supreme Court – Direct Appeal (after retrial)
FSC# 04-2274
948 So. 2d 681
11/29/04 Appeal filed
11/16/06 FSC affirmed convictions and sentences
01/24/07 Rehearing denied
02/09/07 Mandate issued
United States Supreme Court- Petition for Writ of Certiorari
USSC# 06-10963
948 So.2d 681
04/24/07 Petition filed
06/25/07 Petition denied
United States District Court, Southern District –Petition for Writ of Habeas Corpus
USDC# 08-21804
06/24/08 Petitionfiled
06/25/10 Petitiondenied
09/06/10 Motionfor Certificate of Appealability(COA)
09/13/10 Certificateof Appealability(COA) granted
United StatesCourt of Appeals, Eleventh Circuit – Habeas Appeal
USCA# 10-13490
(Pending)
07/24/10 Appealfiled
Factors Contributing to the Delay in Imposition ofSentence:
The Direct Appeal was pending from 07/31/96 – 01/15/01 andthe vacating of the convictions and sentences by the Florida SupremeCourt.
Case Information:
On 07/31/96, Delgado filed a Direct Appeal with the FloridaSupreme Court, citing fourteen trial court errors. On 02/03/00, the FSCordered one of the death sentences reduced to life imprisonment and affirmedthe other death sentence. On 08/24/00, the FSC granted a rehearing motionand substituted a new opinion for the original opinion of 02/03/00. Inthis opinion, the FSC remanded the case for a new trial. The FSCconcentrated on one issue, which led to the order for a new trial: thetrial court should have granted a defense motion for judgment of acquittal onthe charges of First Degree Murder, due to the fact that the State failed toprove the necessity of the felony murder charge and failed to provepremeditation.
On 10/18/04, Delgado was again sentenced to death.
On 11/29/07, Delgado filed a Direct Appeal with the FloridaSupreme Court, citing the following errors: violating his double jeopardyprotections, denying a mistrial for improper state closing arguments andcomments, allowing pen register evidence to be admitted, repeating juryinstructions concerning the definition and elements of first-degree murder,failing to properly instruct the jury panels regarding mitigation evidence,violating the 6th Amendment via the Ring decision, sustaining an objection regardingDNA evidence, and allowing cumulative errors. On 11/16/06, the FSCaffirmed the convictions and sentences.
On 04/24/07, Delgado filed a Petition for Writ of Certiorariwith the United States Supreme Court, which was denied on 06/25/07.
On 06/24/08, Delgado filed a Petition for Writ of HabeasCorpus with the United States District Court, Southern District, which wasdenied on 06/25/10. On 09/06/10, Delgado filed a Motion for COA, which wasgranted on 09/13/10.
On 07/24/10, Delgado filed a Habeas Appeal with the UnitedStates Court of Appeals, Eleventh Circuit, which is 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
07/01/97 48 DEST. OF STATEPROP. FLORIDA STATE PRISON
11/04/98 124 POSS OF NARCOTICS UNION C. I.
10/20/99 0 UNARMED ASSAULT UNION C. I.
09/24/00 0 DEFACING STATE PROP. UNION C. I.
_______________________________________________________________________
Report Date: 11/01/01 JFL
Approved: 12/03/01 WS
Updated: 11/10/10 JJK