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Seventh Judicial Circuit,
Putnam County Case # 93-1684
Sentencing Judge: The Honorable
Kim C. Hammond
Attorney, Trial: Pro Se, Clyde
Wolfe & Wayne Henderson – Private (Standby Counsel
Attorney, Direct Appeal: George
D.E. Burden – Assistant Public Defender
Attorney, Collateral Appeals:
Robert Strain & Carol Rodriguez – CCRC-M
Date of Offense: 12/27/91
Date of Sentence: 05/28/99
Circumstances of Offense:
On
12/27/91, when Esther Hagans did not arrive for work, a fellow employee
went to Hagan’s house and found her car in the carport. When the
employee called Hagan’s house and found no answer, the police were
called.
Police found Hagan’s front door ajar and discovered her body in the
bedroom. She was lying naked on the bed with her legs spread apart and
her hands tied behind her back. Hagan’s body had trauma to the left
side of the head, cuts to the left eyebrow and temple, as well as
abrasions and tears on the right side of the head, which caused major
hemorrhage to the brain.
Hagans’ body also had external vaginal
injuries consistent with sexual assault. The cause of death was a heart
attack, brought on by the beating and sexual assault. Hagans was 77
years old at the time of the murder.
At
the crime scene, police also found footprints on the front porch steps
and in a drainage ditch along the side of the house. A screwdriver was
found outside of a window, leading police to conclude that the point of
entry into the house was a bedroom window.
Sperm and semen stains were
found on a pillowcase, slip, and a bedspread found in the bedroom.
Semen from vaginal swabs taken from Hagan’s body was consistent with the
semen found in the bedroom. Human blood was also found in a towel at
the crime scene.
Connie Israel registered at the Palatka Holiday Inn on 12/28/91 and paid
in cash for two nights. Maryann Pittman, an acquaintance of Israel,
testified that she smoked crack cocaine with Israel at the hotel room.
Pittman took a shower in the hotel room and noticed a pair of pants and
a shirt in the bathtub, which was filled with red water. Pittman also
noticed a black purse under the bed in the room and money in his
wallet. Israel told her that the money was winnings from the Florida
Lottery.
Melvin Shorter, an acquaintance of Israel who sold him the cocaine,
testified that he saw Israel and Pittman at the hotel and that Israel
paid cash for the cocaine, telling him that he had “hit the lottery.”
Israel and three other individuals were identified as suspects in the
murder of Hagans. All four individuals were interviewed and had blood
samples taken. DNA comparisons revealed that Israel was the source of
the sperm and semen stains found at the crime scene.
Arthur McComb, a legal clerk who was a cellmate of Israel, testified
that Israel asked for help with his case. According to McComb,
Israel stated that he was charged with First-Degree Murder and that he
tried to knock the victim’s head off because she tried to “gum him.”
Israel also indicated that he had sexually assaulted the victim and had
gone to the victim’s house to steal church money. Israel took
$7,000 to $10,000 during the burglary.
Trial Summary:
12/16/93
Indicted as follows:
Count I: Burglary
Count II: Kidnapping
Count III: Sexual Battery
Count IV: First-Degree
Murder
11/20/98 Jury was unable to reach a verdict and a mistrial was
declared
03/01/99
Jury returned guilty verdicts on all counts of the indictment
03/02/99
Jury recommended death by a vote of 11-1
05/28/99
Sentenced as follows:
Count I: Burglary – Life
Imprisonment
Count II: Kidnapping – Life
Imprisonment
Count III: Sexual Battery –
Life Imprisonment
Count IV: First-Degree Murder
– Death
Case Information:
Israel filed a Direct Appeal with the Florida Supreme Court on 06/28/99,
citing the following errors: conducting portions of jury selection
without defendant’s presence; denying a motion for continuance; failing
to grant a motion for mistrial in guilt and penalty phases for
prejudicial statements; requiring physical restraints in the courtroom;
ignoring nonstatutory mitigating evidence; relying on a split jury vote
for recommendation of a death sentence; and disproportionality of the
death sentence.
On 12/19/02, the FSC affirmed the convictions and
sentences.
Israel filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 01/04/02 that was withdrawn on 03/14/02.
Israel filed a Petition for Writ of Certiorari with the U.S. Supreme
Court on 03/19/03 that was denied on 06/16/03.
Israel filed a 3.851 Motion with the Circuit Court on 12/01/03 and
amended the Motion on 02/11/04. The Circuit Court denied the motion on
08/19/05.
Israel filed a 3.851 Motion Appeal with the Florida Supreme Court on
09/16/05 that is pending.
Israel filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 04/06/06 that is pending.
FloridaCapitalCases.state.fl.us
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