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Seventeenth Judicial Circuit,
Broward County Case # 95-15295-C
Sentencing Judge: The Honorable
Susan Lebow
Attorney, Trial: Deborah
Carpenter & Pedro Dijols – Special Assistant Public Defenders
Attorney, Direct Appeal: Lewis
Fishman – Private
Attorney, Collateral Appeals:
Roseanne Eckert – CCRC-S
Date of Offense:
07/13/95
Date of Sentence:
02/15/01
Circumstances of Offense:
On 07/15/95, the body of Denise
O’Neill was found dumped in a canal near the Sawgrass Expressway in
Broward County. Her body was covered by a sheet and was bound with
black shoelaces, a multicolored dog leash, and electrical cords attached
to heat rocks. Her clothing had been cut in the crotch area.
Police canvassed O’Neill’s
apartment complex, looking for neighbors with reptiles and dogs as pets,
since the body was bound with a dog leash and electrical cords attached
to heat rocks, which are used in reptile tanks. Investigators learned
that Luis Caballero lived next door to O’Neill and owned snakes and a
dog. Caballero accompanied detectives to the police station for
questioning.
At the police station, Caballero
confessed to O’Neill’s murder, but stated he only served as a lookout
while Isac Brown committed the robbery and murder. According to
Caballero, on the day of the murder, Caballero saw O’Neill carrying a
laundry basket up the stairs. As she reached the door, Brown pushed her
inside Caballero’s apartment and shoved her to the floor. Brown and
Caballero restrained her with towels from her laundry basket and gagged
her with a sock. O’Neill gave Brown and Caballero credit card and
banking information, which the two used to withdraw $700 from her credit
card account.
O’Neill was assured by Brown and
Caballero that she would be dropped off somewhere after dark, but
Caballero was wary that she would be able to identify him as her
neighbor. Caballero then planned to murder O’Neill, but could not agree
as to who would carry out the murder. Brown said he would kill O’Neill
if he received a larger share of her money.
Caballero initially denied
participating in the actual murder, but later admitted to helping Brown
carry out the crime. Brown first tried to strangle O’Neill with an
electrical cord, but the cord broke, so Brown used a second cord while
Caballero covered O’Neill’s mouth. After ten to twelve minutes, O’Neill
died. Caballero then cut a hole in the crotch of O’Neill’s shorts and
had sex with the body and ejaculated.
Later that night, Caballero and
Brown wrapped O’Neill’s body in a sheet and tied the sheet with black
shoelaces and electrical cords. They loaded the body into the trunk of
her car and dumped the body in a canal near the Sawgrass Expressway.
After dumping the body, Brown and Caballero again used her credit card
to withdraw $400 from her credit card account. They split the money
while eating breakfast at an International House of Pancakes (IHOP)
restaurant.
Although Caballero never
mentioned the involvement of another codefendant, Robert Messer, he was
arrested during the investigation of the murder. Messer was implicated
in the crime when an IHOP waitress noted that a third man accompanied
Brown and Caballero. Messer’s fingerprints were also found in O’Neill’s
car.
Codefendant Information:
Caballero’s codefendants, Isac Brown and Robert Messer, were tried
separately and convicted of offenses related to the murder of Denise
O’Neill.
Isac Brown was convicted of one count each of Second-Degree Murder,
Kidnapping, and Robbery and was sentenced to Life Imprisonment, 30
years, and 15 years, respectively.
Robert Messer was convicted of one count of Manslaughter and was
sentenced to seven years, nine months imprisonment. He was released
from prison on 06/01/02.
02/28/00
Jury returned guilty verdicts on Counts I – IV of the indictment
Trial court granted a directed verdict as to
Count V
03/28/00
Jury recommended death by a vote of 8-4
02/15/01
Sentenced as follows:
Count I: First-Degree
Murder – Death
Count II: Kidnapping – Life
Imprisonment
Count III: Robbery – 15 years
Count IV: Burglary – 15 years
Case Information:
Caballero filed a Direct Appeal with the Florida Supreme Court on
03/22/01, citing the following errors: allowing improper comments by the
prosecutor as to Caballero’s right to remain silent; finding that the
capital felony was committed in a cold, calculated, and premeditated
manner; failing to consider Caballero’s age as a mitigating factor;
admitting testimony as to the codefendant’s Second-Degree Murder
conviction; disproportionate use of the death penalty; and
unconstitutionality of Florida’s death penalty statute. On 07/10/03,
the convictions and sentences were affirmed.
Caballero filed a 3.851 Motion with the Circuit Court on
10/04/04 and amended the motion on 12/06/04 and 01/23/06. The
motion is pending.
