Florida Supreme Court

DC# 099269
DOB: 10/03/53

Six Judicial Circuit, Pinellas County, Case #84-3982<
Sentencing Judge: The Honorable Helen S. Hansel
Resentencing Judge:  The Honorable W. Douglas Baird
Attorney, Trial: David J. Kurland – Special Public Defender
Attorney, Direct Appeal: Robert F. Moeller – Assistant Public Defender
Attorney, Collateral Appeals:  Terry L. Backus – Registry

Date of Offense: 02/29/84

Date of Sentence: 09/12/85

Date of Resentencing: 03/20/92

Circumstances of Offense:

Richard Rhodes was convicted and sentenced to death for the murder of Karen Nieradka.

On March 24, 1984, the body of Karen Nieradka was found in debris that had been transported to St. Petersburg from the demolition site of the Sunset Hotel in Clearwater.  The hotel had been demolished on March 15, 1984.  Nieradka was found to have died from manual strangulation.   

Several weeks prior, on March 2, 1984, Richard Rhodes had been stopped by the Florida Highway Patrol and arrested for driving without a valid license.  At the time of the arrest, Rhodes was driving a car registered to the victim, Nieradka. 

The police interviewed Rhodes on March 26, 1984.  Rhodes gave different stories, but continued to deny involvement in Nieradka’s death.

On April 27, 1984, Rhodes tried to make a deal with detectives saying that he would explain how Nieradka died if he would be sent to a mental health facility.  Rhodes said that the victim’s death had been due to an accidental fall from the third story of the Sunset Hotel.  However, during the course of the trial, three inmates from the Pinellas County Jail testified that Rhodes had confessed to murdering Nieradka.

Trial Summary:

04/27/84         Rhodes was arrested.

07/20/84         Rhodes was indicted on the following:

Count I:          First-Degree Murder (Karen Nieradka)

08/16/85         Rhodes was found guilty on count I.

08/27/85        Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the death penalty.

09/12/85         Rhodes was sentenced as follows:

Count I:          First-Degree Murder (Karen Nieradka) – Death

07/06/89         FSC remanded to the case to the trial court for a new sentencing hearing.

03/17/92         Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the death penalty.

03/20/92          Rhodes was sentenced as follows:

Count I:           First-Degree Murder (Karen Nieradka) – Death

Case Information:

On 10/29/85, Rhodes filed a Direct Appeal in the Florida Supreme Court.  He raised several issues on appeal in reference to the guilt phase of the trial.  One issue was that remarks made by the prosecutor were prejudicial. 

The Florida Supreme Court determined the remarks to be harmless.  Another issue raised was that the court should not have given instructions on flight because there was not evidence that Rhodes was attempting to avoid prosecution.

Rhodes raised several issues in reference to the penalty phase of the trial.  One issue was that the court allowed testimony about a crime that Rhodes committed in Nevada, and an audiotape of the victim, in the Nevada case, was played for the jury.  The Florida Supreme Court found error because Rhodes was not allowed the opportunity for rebuttal and found the tape to be irrelevant and prejudicial. 

The Florida Supreme Court affirmed the conviction; however, Florida Supreme Court remanded the case to the trial court for a new sentencing hearing on 07/06/89.

On 03/17/92, a jury, by a 10 to 2 majority, voted for the death penalty upon advisory sentencing.  Rhodes was re-sentenced to death on 03/20/92.  He was erroneously adjudicated guilty by the judge, due to the Florida Supreme Court’s previous affirmation of his original conviction.  (This duplicate conviction was later vacated by the Florida Supreme Court.) 

On 04/03/92, Rhodes filed a Direct Appeal (Re-sentencing) in the Florida Supreme Court.  He raised several issues on appeal.  One issue was that the trial court erred in dismissing potential jurors who said that they would have difficulty in imposing capital punishment.  Another issue raised was that hearsay was allowed.  Rhodes also argued that the state was allowed to present irrelevant evidence. 

Another issue was that the jury instructions misinformed the jury about its role.  Rhodes also raised the issue that the penalty of death was not proportional in this case.  The final issue presented was that one of the two convictions for First-Degree Murder should be vacated.  On 08/10/94, the Florida Supreme Court affirmed the sentence of death, but vacated the duplicate conviction for First-Degree Murder (03/20/92).

On 10/07/94, Rhodes filed a Petition for Writ of Certiorari in the United States Supreme Court.  The United States Supreme Court denied the petition on 12/05/94.

Rhodes filed a 3.850 Motion in the Circuit Court on 04/11/96.  On 01/08/99, Rhodes filed an Amended 3.850 Motion.  The Circuit Court denied the motion on 11/12/03.

On 05/19/97, Rhodes filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.  The Florida Supreme Court denied the petition on 11/13/97.

On 12/19/01, Rhodes filed a 3.853 (DNA) Motion in the Circuit Court.  The motion was denied on 05/17/06. 

Rhodes filed a 3.850 Appeal in the Florida Supreme Court on 01/08/04.  The appeal is pending.

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