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.
RANDOLPH, Richard B. (B/M)
A.K.A. Malik Abdul-Sajjad
DC #115769
DOB: 01/03/62
Seventh Judicial Circuit, Putnam County, Case #88-1357
Sentencing Judge: The Honorable Robert Perry
Attorney, Trial: Howard Pearl – Assistant Public Defender
Attorney, Direct Appeal: James R. Wulchak – Assistant PublicDefender
Attorney, Collateral Appeals: Rachel Day – CCRC-S
Date of Offense: 08/15/88
Date of Sentence: 04/05/89
Circumstances of Offense:
Richard Randolph was convicted and sentenced to death forthe murder of Minnie Ruth McCollum.
Minnie Ruth McCollum managed a Handy-Way convenience storein Patatka, where Richard Randolph used to work. On 08/15/88, witnessesTerry Sorrell, Dorothy Patilla and Deborah Patilla, saw Randolph wearing anemployee shirt and locking the front door of the Handy-Way conveniencestore. The women questioned Randolph about why the store was closed andwhere McCollum was. Randolph told the women that McCollum’s car hadbroken down and McCollum had borrowed his car. He informed the women hehad fixed McCollum’s car and was going to pick her up. He then left the store.
The three women looked in the window of the store. Theysaw that the security camera was pulled out of its normal location and wireswere in the trashcan. The women noted the store was in disarray with thetrashcan overturned and the counter disordered. They called the sheriff’soffice and reported the situation.
A deputy responded to the call and broke a window to gainentry to the store. The deputy found McCollum, who was alive and moaning,lying on her back with blood coming from the back of her neck and head. McCollum was also naked from the waist down. The deputy had hertransported to the hospital immediately.
After leaving the convenience store, Randolph drove to thehome of Norma Janene Betts, his girlfriend and the mother of theirdaughter. Betts testified that Randolph told her he had robbed theconvenience store and attacked McCollum. Randolph also told her he wasgoing to a store in Jacksonville to borrow money from the manager of a grocerystore and to cash in lottery tickets. According to Betts, he promised toreturn for her and their daughter and take them to North Carolina. Randolph,however, was arrested at the grocery store while he was awaiting his moneyadvancement.
Detective William Hord testified as to what Randolph toldthem after his arrest. Randolph told the police he went to theconvenience store with a toy gun, which he hid behind the store. He toldpolice that he knew the stores routine and attempted to rob the safe while themanager was attending to the gas pumps and would not see him. McCollum,the manager, returned quickly from the gas pumps and saw Randolph at the safe.A struggle ensued between the two. Randolph claimed he dragged McColluminto the back room and hit her until she stopped moving. When Randolphsaw McCollum begin to move again, he took the drawstring out of his hoodedsweatshirt and strangled her with it until she stopped moving. Randolphwas not able to open the safe, so he took only lottery tickets. At thispoint, McCollum begin to scream and Randolph hit her until she quieted down. McCollum made noise again, and Randolph stabbed her with a small knife andstrangled her again with the drawstring from his sweatshirt. According toRandolph, he then raped McCollum to make it appear a maniac committed thecrime. Randolph put on a Handy-Way uniform, ripped out the store videocamera and put it in the trashcan, and left the store. He also toldpolice that on the way to Jacksonville he had thrown away the losing lotterytickets and his bloodied clothes and shoes at a McDonald’s. The policewere able to recover the items.
Dr. Kirby Bland, a surgeon, testified that McCollum was in acoma upon arrival at the hospital. He determined she had been severelybeaten and had received multiple hits to the head. McCollum had many lacerationson her scalp, face and neck. McCollum’s jawbone was fractured. Shealso had a knife cut to the side of her neck and a stab wound near her lefteye. McCollum died six days after the incident from severe brain injury.
Additional Information:
A psychologist examined Randolph and testified that severalnonstatutory circumstances existed which contributed to the offense. Hetestified that Randolph, who was adopted at five months old, had problemsgetting along with people in school which resulted in him being referred topsychotherapy for a year in the third grade. Randolph’s mother wasemotionally unstable while raising him and was hospitalized for psychiatricreasons several times. Randolph’s dad was physically abusive. Hewould discipline Randolph by tying him and beating him with his hands, abroomstick, and a belt. Randolph graduated from high school and joinedthe Army. He was honorably discharged for marijuana and crack cocaineuse. According to the psychologist, Randolph’s addiction and prolongeduse of crack cocaine is responsible for his abnormal personality and criminalbehavior on 08/15/88.
Trial Summary:
09/01/88 The defendant was indicted on the following counts:
Count I: First-Degree Murder
Count II: Armed Robbery
Count III: Sexual Battery with DeadlyWeapon
Count IV: Grand Theft
02/23/89 The defendant was found guilty on all counts charged in the indictment.
02/24/89 Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the deathpenalty.
04/05/89 Randolph was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Armed Robbery – 9Years
Count III: Sexual Battery with DeadlyWeapon – 27 Years
Count IV: Grand Theft – 9 YearsConcurrent with count II
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #74,083
562 So. 2d 331 (Fla. 1990)
04/21/89 Appeal filed.
05/03/90 FSC affirmed the conviction and sentence.
07/09/90 Rehearing denied.
08/15/90 Mandate issued.
United State Supreme Court – Petition for Writ ofCertiorari
USSC #90-5949
498 U.S. 992 (U.S. 1990)
10/05/90 Petition filed.
11/26/90 USSC denied the Petition.
Circuit Court – 3.850 Motion (I)
CC #88-1357
04/07/92 Motion filed.
04/02/93 Motion denied.
Circuit Court – 3.850 Motion (II)
CC #88-1357
05/01/93 Motion filed.
01/26/98 Amended motion filed.
02/24/98 Claims 1-19 and 21 denied.
04/24/98 Evidentiary hearing held.
05/14/98 Motion denied.
06/12/98 Rehearing denied.
Florida Supreme Court – 3.850 Appeal (I)
FSC #81,950
676 So. 2d 369 (Fla. 1996)
06/18/93 Appeal filed.
03/07/96 FSC reversed the denial of Randolph’s 3.850 Motion.
07/10/96 Rehearing denied.
08/09/96 Mandate issued.
Florida Supreme Court – 3.850 Appeal (II)
FSC# 93,675
853 So. 2d 1051 (Fla. 2003)
08/13/98 Appeal filed.
04/24/03 FSC affirmed the denial of Randolph’s 3.850 Motion.
08/28/03 Rehearing denied.
09/29/03 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 01-2855
853 So. 2d 1051 (Fla. 2003)
12/27/01 Petition filed.
04/24/03 FSC denied the petition.
08/28/03 Rehearing denied.
09/29/03 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-1056
861 So.2d 430 (Fla. 2003)
06/25/03 Petition filed.
11/21/03 Petition denied.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC #04-01206
11/17/04 Petition filed.
02/19/08 Petition denied.
05/14/08 Motion for Certificate of Appealability filed.
06/06/08 Order denying Motion for Certificate of Appealability entered.
United States Court of Appeals, 11th District – HabeasAppeal
USCA# 08-12854
590 F.3d 1273
05/14/08 Appealfiled.
12/22/09 USCA affirmed the denial of the HabeasPetition.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 10-5601
131 S.Ct. 506
07/22/10 Petition filed.
11/01/10 Petition denied.
State Circuit Court – 3.851 Motion
CC# 88-1357
11/29/10 Motion filed.
03/07/11 Motion denied.
Case Information:
Randolph filed his Direct Appeal in the Florida SupremeCourt on 04/21/89. Randolph contended that the trial court violated his dueprocess protections and erred in denying his motions for individual voir direand for a mistrial. Randolph also argued that irrelevant, prejudicialphotographs of McCollum’s body were improperly admitted into trial, the stateimproperly questioned the medical examiner; and, the trial court could not havefound the murder to be heinous, atrocious or cruel. Randolph made otherclaims, but they were rendered meritless, warranting no discussion. The FloridaSupreme Court did not find errors that warranted a reversal, so the courtaffirmed the convictions and sentences on 05/03/90.
Randolph filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 10/09/90. The Petition was denied on11/26/90.
Randolph filed a 3.850 Motion (I) in the circuit court on04/07/92. The motion was denied on 04/02/93.
On 05/01/93, Randolph filed another 3.850 Motion (II) withthe circuit court. On 01/26/98, he filed an amended 3.850 Motion with thecircuit court. The circuit court denied claims 1 through 19 and 21 on02/24/98. An evidentiary hearing was held for claim 20 on 04/24/98. On 05/14/98, the motion was denied.
On 06/18/93, Randolph filed a 3.850 Appeal (I) in theFlorida Supreme Court. The main issue raised was conflict of interest ofdefense attorney, Assistant Public Defender Howard Pearl, who was also a deputysheriff at the time. Randolph was unaware of this information during histrial. The Florida Supreme Court, however, reversed the denial of the 3.850Motion on 03/07/96 based on the fact that Randolph’s due process rights wereviolated by not having the opportunity to cross-examine several witnesses.
On 08/13/98, Randolph filed a 3.850 Appeal (II) in theFlorida Supreme Court. Issues raised were ex parte communication, ineffectiveassistance of counsel during the penalty phase, denial of a full and fairevidentiary hearing, conflict of interest of his defense attorney and theunconstitionality of the heinous, atrocious or cruel aggravating factor. TheFlorida Supreme Court affirmed the denial of 3.850 relief on 04/24/03.
Randolph filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 12/27/01. In this petition, Randolph arguedineffective assistance of counsel based on five claims. The FloridaSupreme Court denied the petition on 04/24/03.
Randolph filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 06/25/03. The petition was denied on 11/21/03.
On 11/17/04, Randolph filed a Petition for Writ of HabeasCorpus with the United States District Court. On 02/19/08, the petitionwas denied and dismissed with prejudice.
On 05/14/08, Randolph filed a Habeas Appeal in the UnitedStates Court of Appeals. On 12/22/09, the USCA affirmed the denial of theHabeas Petition.
Randolph filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 07/22/10. This petition was denied on 11/01/10.
On 11/29/10, Randolph filed a 3.851 Motion in the StateCircuit Court. This motion was denied on 03/07/11.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- -------- ----------------- ----------------
01/09/90 0 DisobeyingOrder Florida State Prison
01/09/90 0 Lying Staff Member Florida State Prison
01/09/90 0 Disobeying Order Florida State Prison
01/09/90 0 Lying Staff Member Florida State Prison
11/07/91 0 Disobeying Order Florida State Prison
08/29/93 0 Disobeying Order Union C.I.
12/02/97 0 Possession of Contraband Union C. I.
12/10/99 0 DisorderlyConduct Union C. I.
01/07/00 0 Possession of Contraband Union C. I.
04/01/00 0 Destruction of State Property Union C. I.
06/05/00 0 Possession of Contraband Union C. I.
________________________________________________________________________
Report Date: 01/20/05 DDK
Approved: 02/11/05 JFL
Updated: 03/29/11 EMJ