Ninth Judicial Circuit, Orange
County Case# CR89-1798
Twentieth Judicial Circuit, Lee
County Case# 90-1075-CF (after change of venue)
Sentencing Judge: The Honorable
Gary L. Formet
Attorneys, Trial: F. Wesley
Blanker & Jorge Jaeger – Private
Attorney, Direct Appeal:
Christopher S. Quarles – Assistant Public Defender
Attorney, Collateral Appeals:
Paul Kalil – CCRC-S
Date of Offense: 10/06/87
Date of Sentence: 11/08/90
Circumstances of the Offense:
Frank Miller drove to the Bare
family’s house on 10/06/87. Mr. Miller routinely picked up Angeli Bare,
who was 12-years-old, and took her to school with his daughter. He
arrived at the house and honked the horn twice.
A man standing in the
doorway of the house with his back to the street motioned for Mr. Miller
to wait. Mr. Miller assumed the man was Mr. Bare. The door to the house
closed. At approximately 8:55 a.m., Angeli approached the car. She stood
approximately three feet from the car on the passenger side, which was
the side of the car closest to the house. Angeli appeared nervous and
stated that there was a man in the house who wanted to rob her. Mr.
Miller tried to persuade Angeli to get into the car, but Angeli stated
that the man said that he would kill all three of them. Mr. Miller told
Angeli that he would get help.
Mr. Miller drove four blocks to
his house, where he called both 911 and the Bares at work. Mr. Miller
then drove back to the Bare’s house, only this time he parked his car
four to five houses away. Deputy Richard Welty was dispatched to the
Bare home. Mr. Miller flagged him down and related what he had seen. Mr.
Miller described a white man with reddish hair. The Bares had arrived at
the scene and Mrs. Bare told Deputy Welty that Angeli’s biological
father had red hair, but he lived in California.
Deputy Welty searched the Bare’s
home and found no one. He began to search the field behind the house. He
had his service revolver in one hand and his radio in the other. When
his footing became unstable, Deputy Welty holstered his service
revolver. He then noticed a white male with sandy blond hair casually
walking through the field. The man was heading toward a construction
site that was near the field and was holding a sandwich in his right
hand. Deputy Welty requested a better description of the man Mr. Miller
had seen via his radio. He looked down to attain better footing and,
when he looked up, the man who had been walking through the field was
pointing a gun at him. Deputy Welty later identified the man as Robert
Power requested that Deputy
Welty hand over his service revolver. He then asked Deputy Welty to put
his hands in the air, and Power proceeded to get the gun himself. Power
then asked Deputy Welty, “How many others are there?” Deputy Welty
responded that there were six other deputies on the scene. Power then
took Deputy Welty’s radio and told him to run toward the construction
site. Power told Deputy Welty “if you turn around I will kill you.”
Deputy Welty ran about 30 feet, stopped and looked back. He saw Power
running toward the freeway. Deputy Welty informed the deputies at the
house that Power had his radio and service revolver. Power was not
Angeli’s body was found in the
field in the general vicinity that Power had fled. She was lying on her
side and was hogtied by the wrists and the ankles. She was nude from the
waist down. The autopsy revealed a blackened left eye and a superficial
contusion on the neck. There were injuries to the vaginal and anal area
due to the insertion of an oversized foreign object. There was no semen
found on the victim’s underwear, and no sperm were found on the body.
The approximate time of death was within 30 minutes of 9:15 a.m. Angeli’s death was due to shock because of the severance of the right
The bloodstains on the victim’s
underwear matched the victim’s blood type. There were no signs of a
struggle at the Bare home. Angeli’s bank had been pried open with a
screwdriver that was found in the sink. Deputy Welty’s gun was
recovered. The prints on Deputy Welty’s revolver did not match Power’s
fingerprints. There were no prints found on the victim’s body. Hairs
found on the bed sheets from the victim’s bed and on the victim’s pubic
area were the same as Power’s pubic hairs. There were also a number of
hairs found on the bed sheets from an unknown origin that remained
unidentified at the trial.
Deputy Welty was able to
identify Power from a photograph. On 10/16/87, a search warrant was
issued and the home in which Power resided was searched. Power was found
hiding in the attic and was arrested. The officer found a maroon duffle
bag in the attic which contained a pistol, ammunition, a folding knife
and documents with Power’s name on them. A box in one of the bedrooms
was found to contain various parts of mechanical items. One of the parts
had a serial number that matched the serial number on Deputy Welty’s
radio. A couple of hooded sweatshirts were seized from the residence.
Hairs found on the sweatshirts matched the victim’s head hair.
In June of 1979, Power was
arrested in South Carolina after stealing a U-Haul truck. He was given
five years suspended sentence and two years probation. In September of
1979, Power was arrested for Armed Robbery in Port St. Lucy, Florida.
He pled no contest and served two years in prison. Power was on parole
in Florida when he was arrested for forging checks in July of 1982 in
California. He was given a three-year prison sentence, during which
time he escaped from a hospital where he was being treated for
depression. In September of 1972, Power was arrested for stealing a car.
Power was sentenced to prison and was released in 1985 for a work
release program. Power then left California while still on parole and
moved to Florida.
Prior Incarceration History in the State of
While living in Florida, in
early September of 1987, Power sexually assaulted two sisters, one was
12-years-old and the other was 16-years-old, in their Kissimmee home.
Power remained at large for approximately one month and committed two
additional sexual assaults, one in Longwood Florida and the capital
offense. He was sentenced to three life sentences and one 30-year
sentence for the crime in Kissimmee, Florida on 06/23/89 for these
Prior to the instant offense in
late September of 1987, Power broke into an apartment in Longwood,
Florida and sexually assaulted a female armed with a knife. Power stole
the victim’s car and drove back to Kissimmee, Florida. Subsequent to
the capital offense, Power was arrested in Kissimmee on 10/15/87 for CC#
87-1096. On 05/24/89, Power was sentenced to one life sentence, two
125-year sentences, one 30-year sentence, and two five-year sentences
for the sexual assault in Longwood, Florida.
02/14/89 Indicted as
Count I: First-Degree Murder
Count II: Sexual Battery
Count III: Kidnapping a Child under the Age of 13
Count IV: Armed Burglary of a Dwelling
Count V: Armed Robbery
Defendant entered a written plea of not guilty.
A motion for change of venue was filed.
venue was granted and the trial was moved from Orange County to Lee
06/02/90 Jury returned
guilty verdicts on all counts of the indictment.
recommended death by a vote of 12-0.
11/08/90 Sentenced as
Count I: First-Degree Murder – Death
Count II: Sexual Battery – Life
Count III: Kidnapping a Child under the Age of 13 –
Count IV: Armed Burglary of a Dwelling – Life
Count V: Armed Robbery
Power filed a Direct Appeal to
the Florida Supreme Court on 12/31/90. Power raised several issues in
regard to his conviction. Power argued that the evidence was not
sufficient to sustain a conviction; the trial court erred in allowing
Deputy Welty to testify as to hearsay statements made by Mr. Miller,
Power also claimed he was denied a fair trial because a deputy prepared
to “draw down on him” in front of the jury. In an attempt to raise
doubt that Deputy Welty correctly identified Power.
attorney had Power stand up and open his shirt; at this time, a bailiff
walked directly across the courtroom to stand in front of Power and
placed his hand on the butt of his gun. The Court did not find these
issues as error. In regard to the penalty phase, the issues raised by
Power surrounded the aggravating factors. The Court found no abuse of
discretion by the trial court.
The Florida Supreme Court affirmed
Power’s sentence and conviction on 08/27/92. The rehearing was denied
on 10/27/92 and the mandate was issued on 11/30/92.
Power filed a Petition for Writ
of Certiorari to the United States Supreme Court on 01/25/93. The
petition was denied on 04/19/93.
Power filed a 3.850 Motion to
the Circuit Court on 07/06/94. Due to public record requests in
addition to an interlocutory appeal filed by Power to the Florida
Supreme Court, which resulted in a three-month stay in 1998, the
motion’s disposition was not rendered until 01/29/02 when it was denied.
Power filed an appeal of the
trial court’s denial of the 3.850 Motion to the Florida Supreme Court on
04/16/02. The Court affirmed the lower court’s decision. The rehearing
was denied on 07/08/04.
Power filed a Petition for Writ
of Habeas Corpus to the Florida Supreme Court on 01/08/03, which was
denied on 05/06/04. The rehearing was denied on 07/08/04.
Power filed a Petition for Writ
of Habeas Corpus to the United States District Court, Middle District on
07/06/05. The petition was amended on 11/29/05 and is currently