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.
PAGAN, Alex (W/M)
AKA: Alejandro Ramirez or “Lex”
DC# 668630
DOB: 03/25/69
Seventeenth Judicial Circuit, Broward County Case# 93-3648
Sentencing Judge, Trial: The Honorable Susan Lebow
Attorneys, Trial: Dennis Colleran & A. RandallHass – Private
Attorney, Direct Appeal: Richard L. Rosenbaum –Private
Attorney, Collateral Appeals: David Gemmer– CCRC-M
Date of Offense: 02/23/93
Date of Sentence: 10/15/98
Circumstances of the Offense:
Alex Pagan was convicted for the murders of six-year-oldMichael Lynn, his father, Freddy Jones, and the attempted murders of hismother, Latasha Jones, and his 18-month-old brother, Lafayette Jones.
Pagan and Willie Graham had previously broken into thevictim’s house on 01/23/93 and took clothes, jewelry and cash, which were laterfound in Pagan’s possession. Pagan and Graham had learned of thepossibility of obtaining an additional $12,000 to $13,000 in the same house,and they planned on returning to get the money. On 02/23/93, Pagan andGraham, both wearing ski masks, entered the victim’s master bedroom by breakingthe sliding glass door in the room where Freddy and Latasha, and their baby(Lafayette) were sleeping. Pagan and Graham demanded that they give themthe money. When Freddy denied having any money, one of the intrudersbegan searching the house. He found Michael Lynn in another room and tookhim to the master bedroom. He then took Latasha at gun point and searchedthe rest of the house. When he couldn’t find the money, he took Latashaback into the bedroom and hit her with the gun.
One of the intruders then began looking in a closet when thedoor light turned on. He closed the door immediately fearing that thefamily had seen his face. Latasha testified that one of the gunmen’smasks was partially off, and she could tell he had white skin. One ofthem then took the keys to the victim’s car and told the other to go start thecar. The gunman, Pagan, then tied everybody up. He shot Freddy onceand then said to Michael Lynn, “Shorty, if you live through this, don’t grow upto be like me.” He then fired several more shots. Latasha was shotbut did not die. She testified to having heard seven or eightshots. After Pagan and Graham left, Latasha kicked out of her restraintsand called out to Freddy and Michael. When she did not receive a responseout of either of them, she grabbed her baby and ran out of the house to findhelp. Freddy died from a gunshot wound to the head, and Michael Lynn diedfrom multiple gunshot wounds to the head with one in the buttocks.
On 02/27/93, Pagan was arrested when search and arrestwarrants were issued by the Circuit Court Judge, Honorable Sheldon M. Shapiro,for the murders of Freddy and Michael Lynn Jones and the attempted murder ofLatasha and Lafayette Jones. Another Circuit Court Judge, HonorableLawrence Korda, found that probable cause existed and that Pagan should be heldto answer to charges surrounding the murders and attempted murders.
Latasha Jones testified that their house had beenburglarized on 01/23/93. She said that about $26,000 worth of clothes,jewelry and cash had been taken. Some of these items were later found inPagan’s residence. Other items were found to have been taken by Graham tobe pawned at two pawn shops. Antonio Quezada and Keith Jackson, friendsof the defendants, testified that they saw both Pagan and Graham wearingjewelry that Latasha identified as being taken from her house on01/23/93. Quezada also testified that he dropped Pagan and Graham off atthe Jones’ house the night of the murders, and Pagan told him that he was goingto kill everyone inside. He also said that, after the murders Pagan cameto his house and told him they had killed everyone. Jackson testifiedthat Pagan also admitted to killing everyone, dismantling the gun andscattering the pieces all over Miami.
Codefendant Information:
Willie Graham (AKA: Shaikwam)
DC# 194678
Graham was charged and found guilty of the same 6 counts asPagan (CC# 93-3648). Graham received two life sentences for counts I andII and was sentenced to 30 years for counts III, IV, V and VI. Allsentences are to be served concurrently. He is currently incarcerated atHardee Correctional Institution.
Prior Incarceration History in the State of Florida:
| Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 03/13/1988 | LEWD,LASCIVIOUS CHILD U/16 | 09/26/1988 | BROWARD | 8840971 | 7Y 6M 0D | | |
| 09/13/1987 | AGG BATTERY/W/DEADLY WEAPON | 09/26/1988 | BROWARD | 8716085 | 2Y 0M 0D | | |
| Prior Community Supervision History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length | | |
| 09/13/1987 | AGG BATTERY INTENDED HARM | 10/30/1987 | BROWARD | 8716085 | 2Y 0M 0D | | |
| 09/13/1987 | AGG BATTERY INTENDED HARM | 10/30/1987 | BROWARD | 8716085 | 2Y 0M 0D | | |
| 09/13/1987 | CRIMINAL MISCHIEF/PROP.DAMAGE | 10/30/1987 | BROWARD | 8716085 | 2Y 0M 0D | | |
Trial Summary:
03/25/93 Indicted as follows:
Count I: Premeditated First-Degree Murder (Michael Lynn)
Count II: Premeditated First-Degree Murder (Freddy)
Count III: First-DegreeAttempted Murder (Latasha)
Count IV: First-Degree AttemptedMurder (Lafayette)
Count V: Burglary with aFirearm
Count VI: Robbery with aFirearm
12/20/96 Jury returned guilty verdicts on all counts of the indictment
03/05/97 Jury recommended death by a vote of 7-5
10/15/98 Sentenced as follows:
CountI: Premeditated First-Degree Murder (Michael Lynn) – Death
Count II: Premeditated First-Degree Murder (Freddy) – Death
Count III: First-DegreeAttempted Murder (Latasha) – Life
Count IV: First-DegreeAttempted Murder (Lafayette) – Life
Count V: Burglary with aFirearm – Life
Count VI: Robbery with aFirearm – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 94,365
830 So. 2d 792
11/18/98 Appeal filed
04/04/02 Convictions and sentences affirmed
04/19/02 Motion for rehearing filed
11/07/02 Rehearing denied and mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 02-10048
123 S. Ct. 2278; 156 L. Ed. 2d 137; 2003
03/10/03 Petition filed
06/09/03 Petition denied
State Circuit Court – 3.850 Motion
CC# 93-3648
05/07/04 Motion filed
02/07/05 Evidentiary hearing
02/07/06 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 06-378
--- So.3d ----, 2009 WL 3126337
02/27/06 Appeal filed
11/03/08 Oral Arguments held
10/01/09 Petition Denied
10/15/09 Motion for rehearing filed
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 07-1327
--- So.3d ----, 2009 WL 3126337
07/18/07 Petition filed
11/03/08 Oral Arguments held
10/01/09 Petition denied.
10/15/09 Motion for rehearing filed
United States District Court (South) – Petition forWrit of Habeas Corpus
USDC-S# 0:10-cv-60316-CMA
03/03/10 Petition filed
12/20/10 Dismissed with Prejudice
Factors Contributing to the Delay in the Imposition ofthe Sentence:
The Florida Supreme Court took over three years to decidePagan’s Direct Appeal.
Case Information:
On 11/08/98, Pagan filed his Direct Appeal to the FloridaSupreme Court. Pagan claimed that the trial court erred in allowing certainevidence to be entered, including pictures of the victims and experttestimony. Pagan argued that the Williams Rule of Evidence, which saysevidence admitted to trial must be similar and relevant to the crimes beingtried, was violated. The State introduced information about the previousburglary as an explanation and motive for the second break-in and subsequentmurders. The Court found that the evidence was relevant to the murdertrials. Pagan also contended that the trial court should have granted hisMotion to Suppress Evidence that was recovered during an illegal search of hisresidence. He claimed that the search warrant was issued on falseinformation and that the police surpassed the scope of the warrant. Amongthe other claims, Pagan contended that the trial court erred in not consideringor granting various motions, which were based on numerous violations, for a newtrial. The Court found no merit to any of his claims and affirmed hisconvictions and sentences on 04/04/02. Subsequently, his rehearing wasdenied in light of revised opinion and the mandate was issued on 11/07/02.
On 03/10/03, Pagan filed a Petition for Writ of Certiorarito the United States Supreme Court, which was denied on 06/09/03.
On 05/07/04, Pagan filed a 3.850 Motion to the CircuitCourt, which was denied on 02/07/06.
On 02/27/06, Pagan filed a 3.850 Appeal to the FloridaSupreme Court. On 11/03/08, Oral Arguments were held. The petitionwas denied on 10/01/09. A motion for a rehearing was filed on 10/15/09.This motion is pending.
On 07/18/07, Pagan filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court. On 11/03/08, Oral Arguments wereheld. This petition was denied on 10/01/09. A motion for rehearing wasfiled on 10/15/09. This motion is pending.
On 03/03/10, Pagan filed a Petition for Writ of HabeasCorpus to the United States District Court (South). This petition was dismissedwith prejudice on 12/20/10.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
08/16/99 0 DEST. OF ST.PROP. FLORIDA STATE PRISON
________________________________________________________________________
Report Date: 03/28/03 EMC
Approved: 04/01/03 WS
Updated: 01/05/11 CAR