Date of Sentence: 05/28/02
Circumstances of Offense:
Pedro Hernandez-Alberto and
Maria Gonzalez were married and had one child together.
Maria Gonzalez
had an adult son, Salvatore Gonzalez, an adult daughter, Isela Gonzalez,
and a minor 11-year-old daughter, Donna Berezovsky, from other
relationships.
Maria’s children lived with her and Hernandez-Alberto
during their marriage. Maria owned and operated a family business
called the Apollo Beach Family Restaurant.
On the morning of 01/03/99,
Hernandez-Alberto and Maria continued an ongoing argument about
ownership of the home and restaurant.
Hernandez-Alberto insisted that
his name be placed on the title to the home and restaurant, which Maria
owned before their marriage. Maria left the home to go to work at the
restaurant.
After Maria’s departure, Hernandez-Alberto confronted Donna
in the family room. When she refused to pick up a toy, he struck her on
the head, knocking her to the floor. As she lay face down on the floor,
he removed a gun from his fanny pack and shot her in the back, killing
her.
After shooting Donna,
Hernandez-Alberto drove to the restaurant where Maria and Isela were
working. He confronted Isela in the kitchen and shot her three times –
once in the lower back, once in the upper back, and once in the neck.
After shooting Isela,
Hernandez-Alberto fled toward Mexico, but was arrested in Brookshire,
Texas. He was interviewed by the Brookshire police chief and confessed
to shooting and killing both Donna and Isela.
Additional
Information:
During trial, the competency of Hernandez-Alberto was in question. At a
competency hearing on 05/18/99, the trial court found him incompetent to
proceed. At three subsequent competency hearings, however, held on
11/09/99, 08/20/01, and 11/19/01, the trial court found him competent to
proceed.
Trial Summary:
01/13/99 Indicted as follows:
Count I: First-Degree
Murder (Donna Berezovsky)
Count II: First-Degree
Murder (Isela Gonzalez)
08/24/01 Jury returned guilty verdicts on both counts of the
indictment
11/29/01 Jury recommended death by a vote of 10-2
05/28/02 Sentenced as follows:
Count I: First-Degree
Murder (Donna Berezovsky) – Death
Count II: First-Degree
Murder (Isela Gonzalez) – Death
Case Information:
On
07/23/02, Hernandez-Alberto filed a Direct Appeal with the Florida
Supreme Court, citing the following trial court errors: finding of
competence to proceed; allowing pro se representation; denying a motion
for continuance; denying a motion for a PET scan; finding evidence of
premeditation; proportionality of the death penalty in this case; and
unconstitutionality of Florida’s death penalty statute.
On 09/23/04,
the Florida Supreme Court affirmed the convictions and sentences.
On
03/10/06, Hernandez-Alberto filed a 3.851 Motion with the Circuit Court
and amended the motion on 03/16/06. The motion is pending.
FloridaCapitalCases.state.fl.us
