DC# 117157
DOB:  08/15/57

Thirteenth Judicial Circuit, Hillsborough County Case # 89-2165
Sentencing Judge: The Honorable John Griffin
Attorneys, Trial: John Conrad & Daniel Perry – Assistant Public Defenders
Attorney, Direct Appeal: Paul Helm – Assistant Public Defender
Attorney, Direct Appeal (on remand): Douglas Connor – Assistant Public Defender
Attorney, Collateral Appeals: Linda McDermott – Private

Date of Offense: 01/08/87

Date of Sentence: 08/10/89

Circumstances of the Offense:

In November of 1986, Hodges was arrested on charges of indecent exposure based on the report filed by a 20-year-old convenience store clerk, Betty Ricks. 

At 6 a.m. on January 8, 1987, Ricks was found in the store’s parking lot lying next to her car.  Her body was found the same day that Hodges was scheduled for a criminal diversion program arbitration hearing as a result of the report filed by Ricks.  Ricks had been shot twice and subsequently died the next day without regaining consciousness.

The department store, where Hodges worked on the maintenance crew, was located across the street from the convenience store.  A coworker reported to police that at 5:40 a.m. on the day of the shooting, she saw Hodges’ truck at the convenience store; however, Hodges reported that since he did not have to be at work that day, he was at home sleeping. 

His wife and her son, Jesse Watson, initially supported his alibi.  A rifle was confiscated from the Hodges’ home, but ended up not being the murder weapon.  The investigation returned to Hodges as the prime suspect, and he was arrested for the murder in February of 1989.

02/22/89          Defendant indicted with the following:

Count I:           First-Degree Murder

07/14/89          Defendant was found guilty by the trial jury

07/14/89          The jury recommended Death by a vote of ten to two

08/10/89          Defendant was sentenced as follows:

A Direct Appeal was filed on 08/23/89. Issues that were raised included whether the trial court erred in admitting what should have been inadmissible hearsay regarding what the victim thought and said about prosecuting Hodges; whether the trial court erred in continuing with the proceedings after Hodges’ suicide attempt instead of stopping for a competency hearing. 

The Florida Supreme Court found all of these claims either without merit or harmless and affirmed the conviction and sentence of death on 01/23/92.

A Petition for Writ of Certiorari was filed on 07/20/92 and granted based on Espinoza v. Florida on 10/05/92.  The case was remanded to the Florida Supreme court and Hodges’ Direct Appeal was reopened.  In Espinoza, the court found the former standard instruction on the heinous, atrocious, or cruel aggravator inadequate; however, in Hodges, that aggravator did not play a part in the sentencing.

The Florida Supreme Court reaffirmed the conviction and sentence of Death on 04/15/93.

A Petition for Writ of Certiorari was filed on 09/07/93 and denied on 11/29/93.

A 3.850 motion was filed with the circuit court on 06/23/95 and denied on 06/01/01.

A 3.850 Appeal 08/06/01 was filed with the Florida Supreme Court on 08/06/01, and the denial of the 3.850 was affirmed on 06/19/03.  On 10/14/04, the FSC issued a revised opinion, again affirming the denial of the 3.850 Motion. 

A Petition for a Writ of Habeas Corpus was filed with Florida Supreme Court on 04/22/02 and was denied on 06/19/03.  On 10/14/04, the FSC issued a revised opinion, again denying the Habeas Petition.

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 03/04/05 that was denied on 06/23/05.