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.
FERGUSON, John Errol (B/M)
DC 015110
DOB: 02/27/48
Eleventh Judicial Circuit, Dade County Case #s: 77-28650-D& 78-05428
Sentencing Judge: The Honorable Richard S. Fuller
Attorney, Trial: Frederick Robbins & Michael Hacker –Special Assistant Public Defenders
Attorney, Direct Appeal: Michael S. Hacker – SpecialAssistant Public Defender
Attorney, Collateral Appeals: E. Barrett Prettyman, Jr.– Private
Case # 77-28650-D
Date of Offense: 07/27/77
Date of Sentence: 05/25/78
Date of Resentence: 05/27/83
Circumstances of Offense:
On 07/27/77, John Ferguson, posing as a Florida Power andLight employee, was let into a home by Margaret Wooden to check the electricaloutlets. After looking in several rooms, Ferguson drew a gun, then bound andblindfolded Wooden. Ferguson let two men, Marvin Francois and Beauford White,into the home to continue searching for drugs and money.
Two hours later, the owner of the home, Livingston Stocker,and five friends returned home and were bound, blindfolded, and searched byFerguson, Francois, and White. The seven bound and blindfolded people were thenmoved from the living room to a bedroom.
Later, Wooden’s boyfriend, Michael Miller, entered the houseand was bound, blindfolded, and searched. Miller and Wooden were moved toanother bedroom together and the other six men were moved to the livingroom.
At some point in the evening, Marvin Francois’ mask fell offand his face was revealed to the others. Wooden heard shots coming from theliving room, where Francois was shooting the men. Ferguson placed a pillow overWooden’s head and then shot her. Not fatally wounded, Wooden saw Miller beingshot and heard Ferguson run from the room.
When the police arrived, they found six dead bodies, all ofwhich had their hands tied behind their back and had been shot in the back ofthe head. Johnnie Hall survived a shotgun blast to the head and testifiedregarding the execution of the other men in the living room.
Codefendant Information:
Ferguson, White, and Francois were indicted together ascoconspirators, but each was tried separately.
White was convicted on all counts of the indictment. The jury recommended life imprisonment, but the judge sentenced him to death.White was executed on 08/28/87.
Francois was convicted on all counts of theindictment. The jury recommended death sentences, and he was sentenced todeath. Francois was executed on 05/29/85.
Adolphus Archie, who drove the car used to drop off and pickup the shooters, pled guilty to Second-Degree Murder and was sentenced totwenty years imprisonment.
Trial Summary:
09/15/77 Indicted as follows:
Counts I – VI First-DegreeMurder
Count VII AttemptedFirst-Degree Murder
Count VIII AttemptedFirst-Degree Murder
Counts IX – XI ArmedRobbery
05/24/78 Jury returned acquitted verdict on CountXII
05/25/78 Jury returned guilty verdicts on Counts I– XI of the indictment
Jury recommendeddeath sentences by a majority vote
Sentenced asfollows:
Counts I – VI First-DegreeMurder – Death
Count VII AttemptedFirst-Degree Murder – 30 years
Count VIII AttemptedFirst-Degree Murder – 30 years
Counts IX – XI ArmedRobbery – Life imprisonment
Case # 78-05428
Date of Offense: 01/08/78
Date of Sentence: 10/07/78
Date of Resentence: 05/27/83
Circumstances of Offense:
Brian Glenfeld and Belinda Worley, both seventeen years old,were last seen around 9:00 p.m. on Sunday, 01/08/78. The two weresupposed to meet friends at an ice cream parlor, but their bodies werediscovered the next morning in a wooded area.
Glenfeld’s body was behind the wheel of a car, with gunshotwounds to his chest, arm, and head. Worley’s body was found in a nearbydense growth, where she had been raped and then shot in the head. Severalpieces of Worley’s jewelry were missing and cash was missing from Glenfeld’swallet.
On 04/05/78, John Ferguson was arrested at his apartmentpursuant to a warrant for unlawful flight to avoid prosecution. At thetime of the arrest, Ferguson was under indictment for the six murders thatoccurred on 07/27/77 (case # 77-28650-D). After a consent search of theapartment, in which a gun was recovered that was similar to the gun used tokill Glenfeld and Worley, Ferguson admitted to shooting the couple.
Trial Summary:
04/13/78 Indicted as follows:
Count I First-DegreeMurder
Count II First-DegreeMurder
Count III ArmedSexual Battery
Count IV ArmedRobbery
Count V ArmedRobbery
Count VI UnlawfulPossession of a Firearm While Engaged in a Criminal Offense
Count VII Possessionof a Firearm by a Felon
Count VIII Possessionof a Firearm by a Felon
10/07/78 Jury returned guilty verdicts on allcounts of the indictment *
Jury recommendeddeath sentences by a majority vote
Sentenced asfollows:
Count I First-DegreeMurder – Death
Count II First-DegreeMurder – Death
Count III Armed SexualBattery – Life Imprisonment
Count IV Armed Robbery –Life Imprisonment
Count V Armed Robbery –15 year
Count VI UnlawfulPossession of a Firearm While Engaged in a Criminal Offense – 15 years
Count VII Possession of aFirearm by a Felon – 15 years
Count VIII Possession of aFirearm by a Felon – 15 years
* NOTE: Count V was reduced to Attempted Armed Robbery bythe jury
Prior Incarceration History in the State of Florida:
At the time of each of the murders, Ferguson was on probation,having already served an eighteen month prison sentence for a 1976 convictionfor Resisting a Police Officer with Violence. Ferguson’s prior criminalhistory also included a 1971 Robbery conviction and a 1965 Assault with Intentto Rape conviction, for which Ferguson was sentenced to ten yearsimprisonment.
Appeal Summary:
NOTE: Following the Direct Appeal, Ferguson’s two caseswere consolidated for post-conviction appeal.
Florida Supreme Court – Direct Appeal (Case#77-28650-D)
FSC# 55,137
417 So.2d 639
09/25/78 Appeal filed
07/15/82 FSC affirmed convictions, but remanded for resentencing
08/27/82 Mandate issued
Florida Supreme Court – Direct Appeal (Case# 78-05428)
FSC# 55,498
417 So.2d 631
11/13/78 Appeal filed
07/15/82 FSC affirmed convictions, but remanded for resentencing
08/27/82 Mandate issued
Florida Supreme Court – Direct Appeal (Consolidated)
FSC# 64,362 & 65,961
474 So.2d 208
10/10/83 Appeal filed
06/27/85 FSC affirmed death sentences
09/09/85 Rehearing denied
10/15/85 Mandate issued
Circuit Court – 3.850 Motion
CC# 77-28650-D & 78-05428
10/15/87 Motion filed
06/19/90 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 76,458
593 So.2d 508
08/10/90 Appeal filed
02/06/92 FSC affirmed denial of 3.850 Motion
02/26/92 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 80,549
632 So.2d 53
10/01/92 Petition filed
12/09/93 FSC denied Petition
02/24/94 Rehearing denied
U.S. District Court, Southern District – Petition forWrit of Habeas Corpus
USDC# 95-573
03/20/95 Petition filed
05/15/00 USDC administratively closed case pending resolution of state proceedings
08/07/01 Case reopened
11/02/01 Supplemental brief filed
09/26/03 Petition amended
05/19/05 USDC denied petition
Circuit Court – 3.850 Motion
CC# 77-28650-D & 78-05428
07/10/99 Motion filed
08/18/99 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 96,658
789 So.2d 306
01/27/00 Appeal filed
05/10/01 FSC affirmed denial of 3.850 Motion
06/11/01 Mandate issued
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 05-13595
06/17/05 Appeal filed
08/26/09 USCA affirmed denial of Habeas
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 09-1186
03/31/10 Petition filed
06/01/10 Petition denied
Clemency Hearing:
03/10/87 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition ofSentence:
The delay in this case appears to arise from theresentencing of Ferguson and from the pending Federal Habeas Petition that wasfiled on 03/20/95.
Case Information:
Ferguson filed a Direct Appeal (FSC# 55,137; CC# 77-28650-D)with the Florida Supreme Court on 09/25/78, citing the following errors:unconstitutionality of the death penalty, failure to provide written statementsof support for the death penalty in the case, improper prosecutorial commentsduring closing arguments, and admission of prejudicial statements about Ferguson’sprior incarceration. On 07/15/82, the FSC affirmed the convictions, butvacated the death sentences and remanded to the trial court for a newsentencing hearing, finding that the trial court improperly weighed theaggravating and mitigating circumstances in the case.
Ferguson filed a Direct Appeal (FSC# 55,498; CC# 78-05428)with the Florida Supreme Court on 11/13/78, citing the following errors:unconstitutionality of the death penalty, failure to suppress evidence, admissionof evidence of the other murders, and improper prosecutorial comments duringclosing arguments. On 07/15/82, the FSC affirmed the convictions, butvacated the death sentences and remanded to the trial court for a newsentencing hearing, finding that the trial court improperly weighed themitigating circumstances in the case.
Ferguson was resentenced to death on 05/27/83.
Ferguson filed a Direct Appeal with the Florida SupremeCourt on 10/10/83, citing the following errors: failure to allow an evidentiaryhearing during resentencing; improper finding of the cold, calculated, andpremeditated murder aggravating circumstance; and consideration of evidence notin the trial record. On 06/27/85, the FSC affirmed the death sentence.
Ferguson filed a 3.850 Motion with the Circuit Court on10/15/87, which was denied on 06/19/90.
Ferguson filed a 3.850 Motion Appeal with the FloridaSupreme Court on 08/10/90, citing ineffective assistance of counsel andimproper jury instructions regarding non-statutory mitigating evidence. On 02/06/92, the FSC affirmed the denial of the 3.850 Motion.
Ferguson filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/01/92, citing the following errors: a differentsentencing judge upon resentencing; vague jury instructions regarding theheinous, atrocious, or cruel murder aggravating circumstances; failure to granta defense motion to stop giving Ferguson anti-psychotic drugs; and ineffectiveassistance of appellate counsel. The FSC denied the Petition on 12/09/93.
Ferguson filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Southern District on 03/20/95. On 05/15/00, the USDCadministratively closed the case pending resolution of state proceedings. On 08/07/01, the case was reopened, and on 11/02/01, Ferguson filed asupplemental brief with the court. On 09/26/03, Ferguson amended thePetition. The petition was denied on 05/19/05.
Ferguson filed a 3.850 Motion with the Circuit Court on07/10/99, which was denied on 08/18/99.
Ferguson filed a 3.850 Motion Appeal with the FloridaSupreme Court on 01/27/00, citing eleven issues, most of which focused onclaims of ineffective assistance of counsel and withholding of evidence by theState. On 05/10/01, the FSC affirmed the denial of the 3.850 Motion.
Ferguson filed a Petition for Writ of Habeas Corpus Appealwith the U.S. Court of Appeals, 11th Circuit on 06/17/05. The District Courtsdenial of the Petition was affirmed by the U.S. Court of Appeals on 08/26/09.
Ferguson filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 03/31/10. The petition was denied on 06/01/10.
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
06/18/79 30 POSS OFCONTRABAND FLORIDA STATE PRISON
05/07/80 15 DISORDERLY CONDUCT FLORIDA STATE PRISON
07/09/80 0 FIGHTING FLORIDA STATE PRISON
09/30/80 0 DISRESPECT TO OFFICIALS FLORIDA STATE PRISON
12/05/80 0 DISOBEYING ORDER FLORIDA STATE PRISON
12/22/80 30 FAILURE TOCOMPLY FLORIDA STATE PRISON
02/16/81 0 DISORDERLY CONDUCT FLORIDA STATE PRISON
12/12/84 0 FIGHTING FLORIDA STATE PRISON
10/08/86 0 DISOBEYINGORDER FLORIDA STATE PRISON
07/19/89 15 DISOBEYINGORDER FLORIDA STATE PRISON
05/02/90 15 POSS OFCONTRABAND FLORIDA STATE PRISON
01/13/98 180 REF. SUB. ABUSETEST UNION C. I.
10/01/01 180 POSS OF ESCAPEPARA. UNION C. I.
________________________________________________________________________
Report Date: 05/20/03 JFL
Approved: 06/10/03 WS
Updated: 06/10/10 EMJ