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A.K.A.: Dolan Darling
Classification: Murderer
Characteristics: Rape - Robbery
Number of victims: 1
Date of murder: October 29, 1996
Date of birth: May 28, 1976
Victim profile: Grazyna Mlynarczyk, 33
Method of murder: Shooting
Location: Orange County, Florida, USA
Status: Sentenced to death on December 18, 1998

Supreme Court of Florida


opinion SC94691

opinion 04-2379


AKA Dolan Darling (B/M)

DC#  X06883
DOB:  05/28/76

Ninth Judicial Circuit, Orange County, Case #97-7497
Sentencing Judge: The Honorable John Adams
Attorney, Trial: R. LeBlanc and F. Iennaro – Special Public Defenders
Attorney, Direct Appeal: Christopher Quarles – Assistant Public Defender
Attorneys, Collateral Appeals:  Mark Gruber and David Hendry – CCRC-M

Date of Offense:  10/29/96

Date of Sentence:  12/18/98

Circumstances of Offense:

Sean Smith was convicted and sentenced to death for the murder of Grazyna Mlynarczyk.

On 10/29/96, Mlynarczyk was found dead her bedroom by her boyfriend, Zdzislaw Raminiski.  Mlynarczyk was naked from the waist down and had been shot in the head.

The morning of Mlynarczyk’s murder, she had told Zdzislaw that she had a doctor’s appointment and would call him afterwards.  Mlynarczyk never called, and Zdzislaw was not able to contact her by phone. 

At this time, Zdzislaw went to Mlynarczyk’s residence and entered using his key.  Zdzislaw found Mlynarczyk, naked from the waist down, lying in her bedroom and moved her to the bed.  He noted that she was cold and covered in blood.  Smith then called the police. 

Firefighters responded to Zdzislaw’s call and determined that Mlynarczyk was dead.  Officers secured items from the scene, including a lotion bottle, a woman’s undergarment, a pillow with a gun shot entering one side and exiting the other, two AmSouth Bank envelopes holding a total of $1,200, a shoe box holding $1,000 and a wallet holding $58. 

The officers also canvassed the area for possible witnesses.  The police contacted Smith during the canvassing because he lived in an apartment close to Mylnarczyk’s, but he told police that he had been working and did not know about the incident. 

A medical examiner determined that Mlynarcyk was shot at close range through the pillow.  According to the medical examiner, there was semen in Mlynarczyk’s vaginal area; furthermore, Mlynarczyk had a tear to the labia majora caused by trauma to the vagina, which was associated with nonconsensual sex. 

The DNA of the semen collected from Mlynarczyk’s body matched the DNA obtained from Smith’s blood sample.  Furthermore, a trial expert, using statistical analysis, determined that Smith’s DNA profile would be found in 1 out of 101 billion African Americans. 

Finally, Smith’s fingerprints were matched to the lotion bottle secured by the police from Mlynarczyk’s home.

Additional Information:

Orange County Circuit Court # 96-13626

Gerald Paul Daigneault, a cab driver, testified that he picked up Smith as a passenger on 11/07/96.  Smith proceeded to rob Daigneault at gunpoint.  Even though Daigneault gave Smith the money that he demanded, Smith shot him in the back of the head.  Daigneault opened the door and rolled out onto the ground ‘playing dead’ until Smith drove away in Daigneault’s car. 

On 04/04/97, Smith was sentenced to three sentences of 10 years, 6 months and 5 days for Carjacking with a Deadly Weapon, Robbery without a Deadly Weapon and Aggravated Battery with a Deadly Weapon.

Trial Summary:

06/12/97          Smith was indicted on the following:

Count I:           First-Degree Murder

Count II:          Armed Sexual Battery

Count III:         Armed Robbery

12/03/98          Smith was found guilty on Counts I and II.

                       Smith was found not guilty on Count III.

12/15/98          Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

12/18/98          Smith was sentenced as follows:

Count I:           First-Degree Murder – Death

Count II:          Armed Sexual Battery – 21 Years, 4 months and 15 days

Case Information:

Smith filed his Direct Appeal in the Florida Supreme Court on 01/14/99.  The issues addressed included that the trial court erred in denying Smith’s motion for judgment of acquittal, in admitting DNA evidence and testimony of a medical expert, in limiting defense questioning of prospective jurors and that the death penalty was not proportional. 

The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 01/03/02.  Rehearing was denied on 02/12/02.  A mandate was issued on 02/12/02.

Smith filed a Petition for Writ of Certiorari in the United States Supreme Court on 05/13/02.  The petition was denied on 10/07/02.

Smith filed a 3.850 Motion in the circuit court on 09/24/03.  The motion was denied on 11/02/04.

On 12/17/04, Smith filed a 3.850 Appeal in the Florida Supreme Court.  The appeal is currently pending.

On 11/02/05, Smith filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.  The petition is currently pending.



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