Florida Supreme Court

DC#  105661
DOB:  10/15/61

Fourth Judicial Circuit, Duval County, Case #8606123
Sentencing Judge: The Honorable John D. Southwood
Attorney, Trial: Richard Nichols – Special Public Defender
Attorney, Direct Appeal (Initial Appeal): Richard Nichols – Special Public Defender
Attorney, Direct Appeal: William McLain – Assistant Public Defender
Attorney, Collateral Appeals:  Christopher Anderson – Registry

Date of Offense: 02/27/86

Date of Sentence: 01/09/87

Circumstances of Offense:

Grover Reed was convicted and sentenced to death for the murder of Betty Oermann.

In December of 1985, Grover Reed with a female companion and two children arrived in Jacksonville without money or a place to stay.  Through an organization, Traveler’s Aid, they were placed in the home of a minister, Reverend Oermann, and his wife Betty. 

Reverend Oermann asked them to leave the home when he found drug paraphernalia but continued to help Reed financially and with transportation for a period of time. 

Eventually, the Oermanns felt that they were being used and stopped helping Reed financially.  Reed reacted to the disruption in assistance by threatening “to get even.”

On 02/27/86, Betty Oermann was raped, strangled and stabbed.  The Reverend found her in the living room that evening when he returned home from class.  The police found a baseball cap.  At the crime scene, the police televised a reenactment of the crime and displayed the cap as evidence. 

One viewer identified the hat as similar to one Reed was wearing on the day that Betty Oermann was killed.  The police also were able to match fingerprints and hair samples from the scene to Grover Reed.  An expert testified that the semen found could belong to Reed.  In addition, Reed’s fingerprints were found on checks that had been stolen from the home and dropped in the yard.

Nigel Hacksaw, Reed’s cellmate, testified that Reed admitted to the breaking into the home and killing Betty Oermann. 

Trial Summary:

07/10/86          Reed was indicted on the following:

Count I:           First-Degree Murder (Betty Oermann)                                               

Count II:          Sexual Battery with Threat or Deadly Weapon

Count III:         Robbery with Deadly Weapon

11/20/86          Reed was found guilty on all counts charged in the indictment.

11/26/86          Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

01/09/87          Reed was sentenced as follows:

Count I:           First-Degree Murder (Betty Oermann) – Death

Count II:          Sexual Battery with Threat or Deadly Weapon – 22 years, less 283 days

Count III:         Robbery with Deadly Weapon – 9 years, less 283 days

Case Information:

Grover Reed filed his Direct Appeal in the Florida Supreme Court on 02/04/87.  Addressed issues included that the prosecutor used eight of his ten peremptory strikes to remove blacks from the jury and that an unfair burden was placed on the defense.  Reed also argued that the trial court erred in not instructing the jury on Reed’s impaired capacity and that the trial judge and prosecutor made statements that the jury’s sentencing decision was only advisory, and the judge would be responsible for final sentencing. 

On 6/15/89, the Florida Supreme Court reversed the conviction and sentence and remanded the case to the circuit court for a new trial due to errors in jury selection.  On 03/01/90, the Motion for Rehearing and Clarification was granted.  The Florida Supreme Court withdrew the opinion issued on 06/15/89 and replaced it with a new opinion.  The second opinion from the Florida Supreme Court affirmed the judgment and sentence. 

On 07/23/90, Reed filed a Petition for Writ of Certiorari in the United States Supreme Court.  The petition was denied on 10/01/90.

Reed filed a 3.850 Motion in the Circuit Court on 02/28/92.  An amended motion was filed on 07/20/92.  The motion was denied on 08/25/92. 

Reed filed a 3.850 Appeal in the Florida Supreme Court on 09/25/92.  Addressed issues included that the prosecutor introduced improper arguments, such as referring to personal characteristics of the defendant, during the trial, that the jury instructions about the aggravating circumstances were unclear and that the trial court erred in summarily denying Reed’s claims of ineffective assistance of counsel. 

On 06/02/94, the Florida Supreme Court remanded the case to the trial court for an evidentiary hearing to determine effective assistance of counsel. 

On 02/12/96, Reed filed an Amended 3.850 Motion in the Circuit Court.  An Amended 3.850 Motion was filed on 05/28/96.  An evidentiary hearing was held on 02/22/02.  The motion was denied on 08/28/02. 

Reed filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 10/04/99.  The petition was denied on 12/20/99.

Reed filed a 3.850 Appeal in the Florida Supreme court on 10/11/02.    Reed argued that the trial court erred in not finding that the defendant was denied effective assistance of counsel due to his trial court’s failure to sufficiently challenge the prosecutions peremptory challenges to strike African-American jurors. 

Reed further argued that the trial court erred by finding that the defendant was not denied effective assistance of counsel due to his trial counsel’s failure to use a hair-type expert, serology expert, fingerprint expert.  Reed also contended that trial court erred by finding that the defendant was not denied effective assistance of counsel due to his trial counsel’s failure to present an alibi defense or present evidence of mitigating factors. 

In addition, Reed argued that the trial court erred by finding that the defendant was not denied effective assistance of counsel due to his trial counsels failure to require proof of the chain of custody of evidence and by conceding guilt to a lesser included charge.  Reed further argued that the trial court erred by denying Reed’s Brady claim.  The appeal was affirmed on 04/15/04.

On 03/31/03, Reed filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.  Reed contended that the Florida’s death penalty was unconstitutional and that he was denied effective assistance of counsel.  The petition was denied on 04/15/04.

Reed filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/30/04.  On 11/08/04, the petition was denied. 

On 07/05/05, Reed filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District.  The petition is currently pending.

Floridacapitalcases.state.fl.us

Grover Reed "Bear" in August, 1998, at Union Correctional Instuitute, Raiford, Florida.