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LUGO, Daniel (W/M)
DOB: 04/06/63
Eleventh Judicial Circuit, Dade County, Case#95-17381C
Sentencing Judge: The Honorable Alex E. Ferrer
Attorney, Trial: Ronald S. Guralnick – Private
Attorney, Direct Appeal: Rafael Rodriguez – Private
Attorney, Collateral Appeals: Roy D. Wasson – Registry
Date of Offenses: 11/15/94, 05/24/95,05/25/95
Date of Sentence: 07/17/98
Circumstances of Offense:
Daniel Lugo was convicted for, among other charges, theattempted murder of Marc Schiller as well as the murders of Griga and Furton.
Kidnapping, Extortion and Attempted Murder of MarcSchiller:
Schiller was a successful executive who hired Jorge Delgadoto help with his business. Delgado often visited Schiller’s house and the twoeventually became good friends. Delgado worked out at Sun Gym where Lugoworked. Lugo began joining Delgado on visits to Schiller’s house. Through Lugo, Delgado also became acquainted with the codefendants, NoelDoorbal and John Mese. In 1994, Schiller questioned Delgado’s businesspractices, which caused an argument between the two. Schiller told Delgado hewas severing the business ties between them. Lugo convinced Delgado thatSchiller had cheated the two of them in billing operations. Upon Lugo’sadvice, Delgado hired John Mese as a replacement accountant. Delgado testifiedthat Lugo produced documents to back up his claims. When questioned byDelgado, Schiller denied any wrongdoing. It was at this time that Lugo,along with friends of his, made a plan to kidnap Schiller and force him to signover assets Lugo believed Schiller owed him and Delgado. Although Delgadohad originally told Lugo he wanted nothing to do with the plan, he became veryinvolved in the plot. Delgado gave specific information to Lugoabout Schiller’s life regarding his schedule, details about his home, andfamily to Lugo. Lugo and his group then secretly observed Schiller.
After a few attempts, they were successful in kidnappingSchiller. They took him to a warehouse Delgado had rented. Lugo todemanded that Schiller sign over his assets to him. After Schillerrefused, the group began beating him and shocking him with a stun gun. Schiller finally agreed to sign after Lugo had threatened to harm Schiller’swife and children. Schiller unwillingly began signing checks and documents,giving Lugo possession of his property and assets. During this time,Schiller was blindfolded, so he could not see what he was signing. Threeweeks into the kidnapping, a member of the group approached Lugo and convincedhim they needed to kill Schiller because he could possibly identify some or allof those involved. In the fourth week of the abduction, they forcedSchiller to consume a large amount of alcohol. Lugo took Schiller’s carand ran it into a pole to make it appear as though Schiller was involved in acar accident. They took Schiller to the car and put him in the frontseat. They then poured gasoline over the vehicle and set it onfire. The group was then ready to leave the scene in another car whenthey saw Schiller in the road. Lugo then told the driver to run him over,which the driver did. They left the scene convinced that Schiller wasdead. They found out later that Schiller had actually survived, and, athis request, was transported to New York. While Schiller was in New York,Lugo and his group emptied his house and bank accounts. Schiller was ableto identify Lugo in his testimony because he recognized Lugo’s voice during hisabduction. The police found items described as belonging to Schiller inLugo’s possession. Also discovered, were checks from Schiller’s checkingaccount, which were payable to Mese.
Abduction, attempted Extortion, and the Murders of FrankGriga and Krisztina Furton:
Noel Doorbal, one of the men involved in the abduction ofSchiller with Lugo, learned of another wealthy executive, Frank Griga, and hisgirlfriend, Krisztina Furton. Doorbal relayed this information andconvinced Lugo to form a plan to kidnap and extort the couple. Lugoaccepted and was again in full participation of the planning process.
Lugo and Doorbal planned to visit Griga under the guise ofpresenting a business proposition. They planned to gain his confidencethrough this encounter; however, Griga was not interested. During theirsecond visit on 05/24/95, Lugo and Doorbal were to carry out the abduction, butLugo aborted the plan. They returned later that day and invited them todinner. Lugo’s plan was to lure the couple to Doorbal’s apartment. Thecouple did follow Lugo and Doorbal to the apartment. Jorge Delgadovisited Lugo and Doorbal at Doorbal’s apartment on 05/25/95, where he wasinformed that Griga was killed during a fight with Doorbal. Once Furton,Griga’s girlfriend, knew Griga was seriously hurt, she started screaming. It was at that time that Lugo restrained her and injected her with Rompun, ahorse tranquilizer, to subdue her. They then started focusing on Furtonfor information about the code to enter Griga’s home. Doorbal had carriedFurton to the bottom of the staircase, where she began to scream again. She was then injected a second time with the horse tranquilizer. Afteranswering a few questions, Furton decided not to supply them with any moreinformation. They injected her with a third dose of the tranquilizer,which resulted in her death. Lugo hired a corrections officer, JohnRaimondo, to kill Furton and dispose of both the bodies. He did neither.
Lugo went to Griga’s house with what he thought was the codeto get in. Once he realized he did not have the correct code, he calledDoorbal who informed Lugo that Furton was dead. When Lugo returned toDoorbal’s apartment, he told Delgado to go home and to return to Doorbal’s apartmentthe next morning with a truck. The next morning, both bodies were loadedonto the truck and they took them to the warehouse in Hialeah. After Lugoand Doorbal had purchased the necessary equipment, they proceeded to dismemberthe bodies. They also attempted to burn the heads, hands and feet. Lugo and Doorbal removed everything from Doorbal’s apartment that had blood onit. On May 27 Lugo made a trip to the Bahamas to try and gain access to Griga’sbank account. He was not successful and returned to Miami. On May 28,Lugo, Doorbal and another man disposed of all the body parts. Lugo ranoff to the Bahamas, where he was arrested in June 1995.
Trial Summary:
10/02/96 Defendant was indicted on the following:
CountI Conspiracyto Commit Racketeering
CountII Racketeering
CountIII First-Degree Murder(Furton)
CountIV First-Degree Murder (Griga)
CountV Kidnapping
CountVI Kidnapping
CountVIII Attempted Extortion
CountIX Grand Theft Auto
CountX Attempted First-DegreeMurder
CountXI Armed Kidnapping
CountXII Armed Robbery
CountXIII Burglary
CountXIV Grand Theft (Second-Degree)
CountXV Grand Theft Auto
CountXVI Possession of an Identification Plate
CountXVII Arson
CountXVIII Extortion
CountXIX Money Laundering (Counts XIX –XXVII)
Count XXVIIIForgery (Counts XXVIII, XXXI, XXXIV, XXVII, XL, XLIII)
CountXXX Uttering a Forged Instrument (Counts XXX, XXIII, XXXVI,IXL, XLII, XLV)
CountXLVI Conspiracy to Commit a First-Degree Felony
05/05/98 Defendant was found guilty on all the charges on the indictment.
06/11/98 Upon advisory sentencing, the jury voted, byan 11 to 1 majority, for the death sentence.
07/17/98 Defendant was sentenced as follows:
CountI Conspiracyto Commit Racketeering – 30 years
CountII Racketeering – 30years
CountIII First-Degree Murder(Furton) – Death
CountIV First-Degree Murder (Griga)– Death
CountV Kidnapping – Life
CountVI Kidnapping – Life
CountVIII Attempted Extortion – 5 years
CountIX Grand Theft Auto – 5 years
CountX Attempted First-DegreeMurder – Life
CountXI Armed Kidnapping – Life
CountXII Armed Robbery – 15 years
CountXIII Burglary – 15 years
CountXIV Grand Theft (Second-Degree) – 15 years
CountXV Grand Theft Auto – 5 years
CountXVI Possession of an Identification Plate – 5years
CountXVII Arson – 30 years
CountXVIII Extortion – 30 years
CountXIX Money Laundering (Counts XIX – XXVII) – 15yearseach
Count XXVIIIForgery (Counts XXVIII, XXXI, XXXIV, XXVII, XL, XLIII) – 5 years each
CountXXX Uttering a Forged Instrument (Counts XXX, XXIII, XXXVI,IXL, XLII, XLV) – 5 years each
CountXLVI Conspiracy to Commit a First-Degree Felony – 15 years
Codefendant Information:
Noel Doorbal (DC#M16320) was indicted on 10/02/96 and sentenced on 07/17/98 on the following(CC# 95-17381-B):
CountI Conspiracyto Commit Racketeering – 30 years
CountII Racketeering – 30years
CountIII First-Degree Murder(Furton) - Death
CountIV First-Degree Murder (Griga)- Death
CountV Kidnapping – Life
CountVI Kidnapping – Life
CountVIII Attempted Extortion – 5 years
CountIX Grand Theft Auto – 5 years
CountX Attempted First-DegreeMurder – Life
Count XI Armed Kidnapping – Life
CountXII Armed Robbery - Life
CountXIII Burglary – 15 years
CountXIV Grand Theft (Second-Degree) – 15 years
CountXVII Arson – 30 years
CountXVIII Extortion – 30 years
CountXLVI Conspiracy to Commit a First-Degree Felony – 15 years
John Mese (DC#Q03835) was indicted on 10/02/96 (CC# 95-17381-F) for the kidnapping,extortion, and murders of Griga and Furton and the kidnapping and extortion ofMarc Schiller. A jury returned guilty verdicts on all counts of theindictment; however, the judge set aside the convictions pertaining to theGriga/Furton crimes. On 07/20/98, Mese was sentenced to 56 years’imprisonment for the kidnapping and extortion of Schiller.
Mese appealed and theState cross-appealed the sentence to the Florida District Court of Appeal,Third District. On 06/19/02, the DCA ruled that the trial judgeimproperly set aside the two RICO convictions and ordered a new sentencinghearing to be conducted on those counts.
On 01/15/03, Mese wassentenced to 30 years’ imprisonment for one count of Conspiracy to CommitRacketeering.
John Raimondo (DC#198195) was indicted on 10/02/96 (CC# 95-17381-I) on one count each ofConspiracy to Commit Racketeering, First-Degree Murder (Furton), Kidnapping(Furton), and Attempted Extortion. The State nolle prossed all but thekidnapping charge, and Raimondo was convicted and sentenced to eight yearsimprisonment for the crime.
Jorge Delgado (DC#126314) was sentenced to two prison terms of 15 and 5 years for his role in themurders of Griga and Furton and the attempted murder of Schiller (in return fortestifying for the State).
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 93,994
845 So. 2d 74
09/28/98 Appeal filed.
02/20/03 FSC affirmed convictions and sentences.
05/02/03 Rehearing denied.
05/02/03 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 03-5620
124 S. Ct. 320; 157 L.Ed. 2d 216; 2003
07/28/03 Petition filed.
10/06/03 Petition denied.
State Circuit Court – 3.850 Motion
CC# 95-17381C
10/18/04 Motion filed.
04/21/05 Amended motion filed.
03/29/06 Motion denied.
06/29/06 Motion for Rehearing denied.
Florida Supreme Court – 3.850 Appeal
FSC# 06-1532
2So.3d 1
07/31/06 Appeal filed.
10/08/08 Disposition affirmed.
10/28/08 Motion for Rehearing filed.
01/22/09 Rehearing denied.
02/10/09 Mandate entered.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 08-11045
130S.Ct. 182
06/20/09 Petition filed.
10/05/09 Petitiondenied.
United States District Court, Southern District –Petition for Writ of Habeas Corpus (Pro Se)
USDC# 10-20098
(Pending)
01/12/10 Petitionfiled.
12/20/10 Amendedpetition filed.
Factors Contributing to the Delay in Imposition ofSentence:
During the proceedings ofLugo’s 3.850 Motion, Lugo had undergone a mental competency examination inwhich he was found competent to proceed with the case on 12/16/04.
Case Information:
On 09/28/98, Lugo filedhis Direct Appeal to the Florida Supreme Court. Lugo’s appeal claimederror in the trial court because they did not grant him separate trials for theRacketeer Influenced and Corrupt Organization counts, the Schiller counts andthe Griga-Furton counts. The trial court did separate Lugo’s trial fromhis codefendants but found that he could be tried on all counts in one trial. This Court agreed with the trial court in that each count was connected andsimilar enough to try in one trial. They further stated that, even if thecounts were tried separately, the charges could be introduced as evidence ineach trial. Lugo also contended that there was insufficient evidence inthe convictions of the Racketeer Influenced and Corrupt Organizationcounts. Another issue Lugo raised in the appeal was that the State madeimproper comments during opening and closing arguments. In addition, Lugo raisedthat there were errors in the introduction of evidence from previousconvictions as well as Brady claims. The Court found no reversible errorsin the trial courts decision and affirmed the convictions and sentences on02/20/03.
On 07/28/03, Lugo filed aPetition for Writ Certiorari to the United States Supreme Court, which wasdenied on 10/06/03.
On 10/18/04, Lugo filed a3.850 Motion to the Circuit Court. The motion was amended on 04/21/05,which was denied on 03/29/06. On 06/29/06, the Motion for Rehearing wasdenied.
On 07/31/06, Lugo filed a3.851 Appeal to the Florida Supreme Court. On 10/08/08, the FloridaSupreme Court affirmed the disposition of the lower court and denied the 3.851Appeal. On 10/28/08, Lugo filed a Motion for Rehearing which was deniedon 01/22/09. The Florida Supreme Court entered a Mandate on 02/10/09.
On 06/20/09, Lugo filed aPetition for Writ of Certiorari to the United States Supreme Court. Thepetition was denied on 10/05/09.
Lugo filed a Petition forWrit of Habeas Corpus in the United States District Court, Southern District on01/12/10. An amended petition was filed on 12/20/10. This case is currentlypending.
Institutional Adjustment:
DATE | DAYS | VIOLATION | LOCATION |
02/01/04 | 30 | DISRESP.TO OFFICIALS | UNION C. I. |
________________________________________________________________________
Report Date: 09/10/03 EMC
Approved: 10/10/03 WS
Updated: 03/23/11 EMJ