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.
RODRIGUEZ, Juan D. (H/M)
DOB: 06/26/56
Eleventh Judicial Circuit, Dade County Case #F88-18180B
Sentencing Judge: The Honorable Thomas M. Carney
Attorney, Trial: Scott Kalish – Private
Attorney, Direct Appeal: Geoffrey C. Fleck – Private
Attorney, Collateral Appeals: Rachel Day – CCRC-S
Date of Offense: 05/13/88
Date of Sentence: 03/28/90
Circumstances of Offense:
Juan Rodriguez was convicted of the charges of thefirst-degree murder of Abelardo Saladrigas, armed robbery, conspiracy to commita felony, attempted armed robbery, armed burglary with an assault, aggravatedassault, and attempted first-degree murder. These convictions stemmedfrom incidents occurring on two consecutive days.
On 04/22/88, Rodriguez went to a bondsman, where he metRamon Fernandez and Carlos Sponsa. Fernandez gave the bondsman the titleto his car to pay Rodriguez’s bail. Rodriguez assured Fernandez he wouldget the money to pay him back.
On 05/13/88, Sponsa and Fernandez met with Rodriguez todemand the owed bond money. Rodriguez told the two men he knew where toget the money and to follow him to an auto parts store. Rodriguez toldSponsa and Fernandez to wait in their car at the front of the store while hedrove around back. At the back exit of the store, Rodriguez saw the storeowner, Abelardo Saladrigas, and approached him. Rodriguez pulled a gun onSaladrigas and demanded his briefcase and watch. Saladrigas did notcomply. Rodriguez shot him four times, took the briefcase and watch, and thenran back to his car and took off. Sponsa and Fernandez claimed to havefled after hearing the first gunshot.
Later, Rodriguez gave half of the $1,200 found in thebriefcase to Fernandez. Rodriguez kept the Rolex watch for himself. Saladrigas was able to describe the events to a family member, police officerand store worker before he died. Saladrigas had two wounds in his rightarm, one wound in the upper left chest, one wound one inch above the rightknee, and two wounds to the right chest, one of which was fatal. Althoughthere were six wounds on Saladrigas’ body, the medical examiner claimed theywere consistent with four gunshot wounds.
The day following the murder, Rodriguez, along withFernandez and other men, attempted to rob a household. They wereunsuccessful because the homeowner had a gun that he fired at the men threetimes. One of the robbers accompanying Rodriguez fired back once.
Three weeks after the attempted household robbery, Fernandezwas arrested. He confessed to his involvement in the auto parts storeoffense and the attempted robbery. Fernandez told police that Rodriguezwas the one who shot Saladrigas, and he was subsequently arrested.
Francisco Reyes testified that in county jail prior toRodriguez’s trial, he offered him $3,000 to kill Fernandez stating that, if hewas dead, the state would no longer have a witness for the case against him.
On 01/31/90, Rodriguez was found guilty of all charges ofthe indictment. On 3/28/90, Rodriguez was sentenced to death for themurder of Saladrigas.
Codefendant Information:
The following codefendants were involved and indicted forthe murder and/or attempted home invasion:
Ramon Fernandez:
Fernandez was sentenced to five years for count 1, 3 and 4and 17 years for counts 2 and 6. Each count is to runconcurrently.
Sergio Valdes:
Sergio was sentenced to time served (15 months) for counts1, 2 and 3 and probation with special conditions for his involvement.
Angel Diaz:
Diaz was indicted on counts 1, 2, 3, 4, and 6. Forcount 1 he was sentenced to 364 days in county jail, for counts 2, 3, 4 and 6he was sentenced to Community Control and 3 years probation with specialconditions.
Jorge Luis Hernandez:
Hernandez was sentenced to five years in prison for counts2, 3, 5 and 6 with three years credit served. Counts 2, 3 and 6 are torun concurrent.
Lazaro Roberto Hernandez:
Lazaro was sentenced on counts 1, 2, 3 and 6 to one yearCommunity Control with special conditions followed by 3 and a half yearsprobation.
Additional Information:
Rodriguez has a history of offenses in Dade County includingpossession/racketeering/sale and distribution of cocaine, carrying a concealedfirearm, burglary and grand theft all of which Rodriguez received probationand/or about one month jail time.
Prior Community Supervision History:
Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length |
08/07/82 | BURG/N/ASSLT/OCC.STRUCT | 06/22/87 | MIAMI-DADE | 8219322 | 1Y 6M 0D |
08/07/82 | GRAND THEFT, $300 LESS & 20,000 | 06/22/87 | MIAMI-DADE | 8219322 | 1Y 6M 0D |
Trial Summary:
05/03/89 Indicted as follows:
Count I: First-Degree Murder
Count II: Armed Robbery
Count III: Conspiracy to Commit aFelony
Count IV: Attempted Armed Robbery
Count V: Armed Burglary with anAssault
Count VI: Aggravated Assault with aWeapon
Count VII: Attempted First-DegreeMurder
01/31/90 Jury returned guilty verdicts on all counts of the indictment.
03/01/90 Jury recommended death by a vote of 12 to 0.
03/28/90 Sentenced as follows:
Count I: First-Degree Murder - Death
Count II: Armed Robbery - Life
Count III: Conspiracy to Commit aFelony - 15 Years
Count IV: Attempted Armed Robbery -15Years
Count V: Armed Burglary with anAssault - Life
Count VI: Aggravated Assault with aWeapon - 5 Years
Count VII: Attempted First-Degree Murder - Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 75,978
609 So. 2d 493
05/11/90 Appeal filed.
10/08/92 Convictions and sentence affirmed.
02/08/93 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #92-8369
510 U.S. 830
03/26/93 Petition filed.
10/04/93 Petition denied.
State Circuit Court – 3.850 Motion
CC #88-18180
09/12/94 Motion filed.
11/23/99 Motion Denied.
Florida Supreme Court – 3.850 Appeal
FSC #00-99
919 So.2d 1252 (2005)
01/14/00 Appeal filed.
05/26/05 FSC affirmed the denial of Rodriguez’s 3.850 Motion.
02/09/06 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #01-2864
919 So.2d 1252 (2005)
12/31/01 Petition filed.
05/26/05 Petition denied.
02/09/06 Mandate issued.
State Circuit Court – 3.203 Motion
CC #88-18180
03/09/06 Motion filed.
06/26/06 Motion denied.
Florida Supreme Court – 3.203 Motion Appeal
FSC# 06-1553
968 So.2d 557 (2007)
08/04/06 Appeal filed.
10/03/07 Reversed and remanded to the Circuit Court.
State Circuit Court – 3.851 Motion
CC #88-18180
10/03/07 Motion filed.
01/05/11 Motion denied.
Florida Supreme Court – 3.203 Appeal
FSC# 11-202
(Pending)
01/31/11 Appeal filed
Factors Contributing to the Delay in Imposition ofSentence:
It took a little over five years for a decision to be madeon Rodriguez’s 3.850 Motion in the State Circuit Court. Rodriguez’s 3.850Appeal was pending from 01/14/00 – 05/26/05 and his petition for writ of habeascorpus was pending from 12/31/01 – 05/26/05.
Case Information:
On 05/11/90, Rodriguez filed a direct appeal to the FloridaSupreme Court. Rodriguez contended that error occurred in the trial courtby requiring him to continue without the presence of a subpoenaed defensewitness and for that witness’s testimony to be excluded from the trial. He also contended that error occurred in conducting a joint trial for the charges,admitting his sister-in-law’s identification testimony and introducing hearsaytestimony. On 10/08/92, the Florida Supreme Court affirmed the convictions andsentence.
Rodriguez filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 03/26/93. The petition was denied on10/04/93.
Rodriguez then filed a 3.850 Motion in the State CircuitCourt on 09/12/94. The motion was denied on 11/23/99.
On 01/14/00, Rodriguez filed a 3.850 Appeal in the FloridaSupreme Court. The Florida Supreme Court affirmed the denial of Rodriguez’s3.850 Motion on 5/26/05.
On 12/31/01, Rodriguez filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. The petition was denied on 5/26/05.
On 03/09/06, Rodriguez filed a 3.203 Motion in the StateCircuit Court. The motion was denied on 6/26/06.
On 08/04/06, Rodriguez filed a 3.203 Motion Appeal in theFlorida Supreme Court. On 10/03/07, the Florida Supreme Court reversedthe circuit court’s summary denial and remanded this case to the circuit courtwith directions that it hold an evidentiary hearing.
On 10/03/07, Rodriguez filed a 3.851 Motion in the CircuitCourt. This motion was denied on 01/05/11.
Rodriguez filed a 3.203 Appeal in the Florida Supreme Courton 01/31/11. This appeal is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
11/05/90 0 LYING TOSTAFF FLORIDA STATE PRISON
04/03/91 10 DISOBEYING ORDER FLORIDA STATE PRISON
02/16/93 0 POSS OFWEAPONS FLORIDASTATE PRISON
02/16/93 0 DISOBEYINGORDER FLORIDASTATE PRISON
06/08/94 0 UNARMEDASSAULT UNION C.I.
06/18/94 0 FIGHTING UNION C. I.
08/03/94 0 DEST. OF ST.PROP. UNION C.I.
07/19/95 0 DEFACING STATE PROP. UNION C.I.
08/14/95 0 POSS OFNARCOTICS UNION C.I.
08/14/95 0 DISOBEYING ORDER UNION C. I.
10/07/96 0 OBSCENE PROFANEACT UNION C.I.
11/12/97 0 DISORDERLYCONDUCT UNION C. I.
12/23/97 0 OBSCENE PROFANEACT UNION C.I.
05/08/98 0 OBSCENE PROFANEACT UNION C.I.
04/23/99 0 DISRESP.TO OFFICIALS UNION C. I.
03/26/00 0 DISOBEYINGORDER UNION C. I.
08/14/01 60 DISORDERLYCONDUCT UNIONC. I.
09/02/02 30 POSS OFCONTRABAND UNION C. I.
________________________________________________________________________
Report Date: 12/08/04 DDK
Approved: 01/10/05 JFL
Updated: 02/08/11 EMJ