The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
PoolerLeroy 124283RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
7/16/2008USSC08-5371Petition for Writ of Certiorari filed
8/20/2008USSC08-5371Response brief filed
10/6/2008USSC08-5371Petition denied
5/19/2008USDC-S08-80529Habeas petition filed
8/29/2008USDC-S08-80529State's response filed
10/29/2008USDC-S08-80529Reply filed

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
CollinsBradley M.Ft. Lauderdale,600 S. Andrews Ave., Ste. 50033301-2847954/763-7331Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Collins95-1117BroomePalm BeachSouth2/17/19993/8/1998

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.


POOLER, Leroy (B/M)

DC# 124283

DOB:  01/27/48


Fifteenth Judicial Circuit, Palm Beach County Case#95-117CFA02

Sentencing Judge:  The Honorable Virginia Gay Broome

Trial Attorney:  Michael Salnick – Private

Attorney, Direct Appeal:  Michael D. Lededecker –Private

Attorney, Collateral Appeals:  John Paul Abatecola& Linda McDermott – Registry   


Date of Offense:  01/30/95

Date of Sentence:  02/23/96, 03/29/96


Circumstances of the Offense:


On 01/30/95, Leroy Pooler showed up to the house of hisex-girlfriend, Kim Brown. He knocked on the front door of the apartment. Ms.Brown and her brother, Alvonza Colson, were home at the time. Upon seeing thatit was Pooler, Ms. Brown told Pooler that she did not want to see him anymore.There was evidence that supported the hypothesis that Ms. Brown was datinganother man. Mr. Colson proceeded to open the door and inquire as to whatPooler wanted. When Mr. Colson saw that Pooler had a gun, he attempted to runthrough the front door and escape; Pooler shot him in the back and dragged himback into the apartment by his leg. At this time, Ms. Brown began to plead withPooler not to kill her or her brother.  She requested that Mr. Colson getto a hospital, and Pooler agreed to allow him to call an ambulance. He thenchanged his mind and told Mr. Colson to call an ambulance once he and Ms. Brownleft. Ms. Brown followed Pooler to the front door of the apartment, but shutand locked the door after Pooler exited.


Mr. Colson told Brown to run out of the back of theapartment, and he would stay and call an ambulance. It was at this time thatMr. Colson realized that the phone wires had been cut. He started towards theback door as Pooler was breaking through the front door. Pooler found Mr.Colson hiding in an area near the back door, but was distracted by Ms. Brown’scries for help from behind the apartment. Pooler left Mr. Colson and left theapartment. When he caught up with Ms. Brown, he struck her in the head with thegun. This blow caused the gun to fire. Pooler pulled Ms. Brown toward his caras she begged him not to kill her. Ms. Brown began to fight against Pooler. AsPooler began to pull her back towards the apartment, he shot her several times.At one point he paused to say, “You want some more?” Several witnesses saw theshooting. Ms. Brown was shot five times, one of which was in the head. Poolerdrove away in his car.


Two days prior to the incident, Ms. Brown told one of herfriends that Pooler had told her that he was going to kill her because, if hecould not have her, no one else would.


Trial Summary:


02/08/95          Indicted as follows:

                                    Count I:           First-DegreeMurder with a Firearm

                                    Count II:         Burglaryof a Dwelling While Armed with a Firearm

                                    Count III:        AttemptedFirst-Degree Murder with a Firearm

02/17/95          Defendantwas arraigned. He stood mute, so the court entered a plea of Not Guilty

01/17/96          Jury returned guilty verdicts on allcounts of the indictment

02/08/96          Juryrecommended death by a vote of 9-3

02/23/96          Sentenced as follows for Counts II andIII:

Count II:         Burglary of aDwelling While Armed with a Firearm – Life

                                    Count III:        AttemptedFirst-Degree Murder with a Firearm – Life

03/29/96          Sentenced as follows for Count I:

Count I:           First-DegreeMurder with a Firearm – Death


Appeal Summary:


Florida State Supreme Court – Direct Appeal

FSC# 87,771

704 So. 2d 1375


04/19/96         Appeal filed

11/06/97         FSC affirmed the conviction and sentence

01/23/98         Rehearing denied

02/23/98         Mandate issued


United States Supreme Court – Petition for Writ of Certiorari

USSC# 97-9379

525 U.S. 848


06/04/98         Petition filed

10/05/98         Petition denied

State Circuit Court – 3.850 Motion

CC# 95-117CFA02


09/17/99         Motion filed

11/01/99         A written order denying the motion was issued

11/09/99         Pooler filed a motion to vacate the order denying the 3.850 Motion

01/13/00         Motion was granted and order was vacated. Pooler was given 60 days to file anAmended 3.850 Motion

03/13/00         Amended Motion filed

11/08/02         Second Amended Motion filed

11/04/05         Order denying amended 3.850 Motion


Florida Supreme Court – 3.850 Appeal

FSC# 05-2191

980 So.2d 460


12/01/05         Appeal filed

01/31/08         Appeal denied

02/14/08         Motion for Rehearing filed

04/17/08         Rehearing denied

05/05/08         Mandate issued


United State District Court, South District – HabeasPetition

USDC# 08-80529



05/19/08          Petition filed


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 08-5371

129 S.Ct. 255


07/16/08          Petition filed

10/06/08          Petition denied



Factors Contributing to the Delay in theImposition of the Sentence:


The 3.850 Motion was pending in the Circuit Court for overtwo years.



Case Information:


Pooler filed a Direct Appeal to the Florida Supreme Court on04/19/96. The main issues in Pooler’s appeal were surrounding the aggravatingand mitigating factors of the case. The court found either no error, evidence tosupport the trial court’s disposition, no abuse of discretion, or the issues tobe meritless. Pooler’s conviction and sentence were affirmed on 11/06/97. Therehearing was denied on 01/23/98, and the mandate was issued on 02/23/98.


Pooler filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 06/04/98. The petition was denied on 10/05/98.


Pooler then filed a 3.850 Motion to the Circuit Court on09/17/99. A written order denying the motion was issued on 11/01/99. On11/08/99, Pooler filed a motion to vacate the order denying the 3.850 Motionand, on 01/13/00, the motion was granted and the court gave Pooler 60 days tofile an Amended 3.850 Motion. On 03/13/00, Pooler filed an Amended 3.850Motion.  A Second Amended Motion was filed on 11/08/02.  On 11/04/05,an order was issued denying the amended 3.850 Motion.   


On 12/01/05, Pooler filed a 3.850 Appeal to the FloridaSupreme Court, which was denied on 01/31/08.  Pooler filed a Motion forRehearing on 02/14/08, which was denied on 04/17/08.  The mandateconcerning the opinion rendered on 01/31/08 was entered on 05/05/08.


On 05/19/08, Pooler filed a Habeas Petition in the UnitedStates District Court, Southern District.  This case is currently pending.


On 07/16/08, Pooler filed a Petition for Writ of Certiorariin the United States Supreme Court.  This petition was denied on 10/06/08.


Institutional Adjustment:


DATE             DAYS             VIOLATION                                     LOCATION       

--------              ----                   -----------------                           ------------------- 

09/22/97          30                    FIGHTING                                         FLORIDASTATE PRISON

11/09/98          0                      FIGHTING                                         UNIONC. I.         

03/05/01          30                    FIGHTING                                         UNIONC. I.         

03/25/02          60                    UNARMED ASSAULT                    UNIONC. I.         

03/25/02          60                    UNARMED ASSAULT                    UNIONC. I.         

04/01/02          30                    DISORDERLY CONDUCT             UNIONC. I.         

10/22/02          0                      FIGHTING                                         UNIONC. I.         

01/23/03          180                  UNARMED ASSAULT                    UNIONC. I.         



Report Date:   05/02/02          NMP

Approved:       05/10/02          WS

Updated:         01/14/09          AEH