Florida Supreme Court
Briefs and Opinions

Docket #71975 - Peter Ventura, Appellant, vs. State of Florida, Appelleee. 560 So. 2d 217; April 5, 1990.

Docket #84222 - Peter Ventura, Appellant, vs. State of Florida, Appellee. 673 So. 2d 479; January 11, 1996.

DC #110277
DOB: 07/14/35

Seventh Judicial Circuit, Volusia County, Case #86-2822-CC
Sentencing Judge: The Honorable R. Michael Hutchinson
Attorney, Trial: Ray Cass – Assistant Public Defender
Attorney, Direct Appeal: Thomas R. Mott – Private
Attorneys, Collateral Appeals:  Mark Gruber and David Hendry – CCRC-M

Date of Offense: 04/15/81

Date of Sentence: 01/21/88

Circumstances of Offense: 

Peter Ventura was convicted and sentenced to death for the murder of Robert Clemente.

Jerry Wright had taken out a key-man life insurance policy on Robert Clemente, his employee.  Wright had borrowed money from Jack McDonald and needed to repay the debt.  He asked McDonald to find someone to kill Clemente, and then, Wright and McDonald would share the money from the insurance policy in repayment of Wright’s debt to McDonald. 

McDonald arranged a meeting between Wright and Ventura, an acquaintance of McDonald’s, in Chicago.  Ventura agreed to kill Clemente for Wright and went to Volusia County in 1981 to complete the job. 

On 04/15/81, Ventura, pretending to be a potential customer, contacted Clemente and arranged to meet him at the Barnett Bank in Deland.  He and Clemente drove to the site that Ventura had previously chosen to murder the victim, and McDonald followed. 

After shooting Clemente, Ventura ran to where McDonald waited, and they drove to Daytona Beach.  Ventura then received partial payment for his work and headed to Atlanta.  When he received more money, Ventura flew to California. 

Chicago postal authorities notified officials in Volusia County about a contract murder involving McDonald, Wright, and Ventura.  McDonald was arrested when he went to meet Wright.  McDonald acted as the state’s key witness during Ventura’s trial. 

On 06/25/81, Ventura was arrested in Chicago and indicted on 06/30/81 for First-Degree Murder and Using a Firearm during the Commission of a Felony.  He was bonded out of jail prior to extradition and did not appear for the extradition hearing on 08/18/81.  Ventura eventually was arrested in Austin, Texas, because a coworker reported that Ventura had bragged to him about performing a contract murder in Florida.

Additional Information:

Codefendant:  Jerry Wright (Volusia County Circuit, Case #87-5320)

On 03/06/81, Wright was convicted of First-Degree Murder and sentenced to Life in prison for his involvement in the murder of Robert Clemente on 04/15/81.

Codefendant:  Jack McDonald

On 06/25/81, Jack McDonald was arrested for murder.  After five months in jail, McDonald was released because of the lack of evidence against him and due to a speedy trial rule violation.  McDonald agreed to testify against Ventura for the prosecution.

Trial Summary:

06/25/81          Ventura was arrested.

06/30/81          Ventura was indicted on the following counts:

Count I:           First-Degree Murder (Robert Clemente)

Count II:          Using a firearm in the Commission of a Felony

01/15/88          Ventura was found guilty for each count of the indictment.

01/19/88          Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

01/21/88          Ventura was sentenced as follows:

Count I:           First-Degree Murder (Robert Clemente) – Death

Count II:         Using a firearm in the Commission of a Felony – 30 months, less 629 days for time served

Case Information:

Ventura filed his Direct Appeal in the Florida Supreme Court on 02/19/88.  The issues addressed included that the trial court erred in not investigating Ventura’s complaints about his assigned counsel and in not allowing Ventura to dismiss his counsel.   Ventura further contended that his death sentence violated the Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. 

The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 04/05/90.

On 08/27/90, Ventura filed a Petition for Writ of Certiorari in the United States Supreme Court.  The petition was denied on 10/29/90.

Ventura filed a 3.850 Motion in the Circuit Court on 02/28/92.  The motion was dismissed on 04/16/92 because Ventura did not provide a basis for the claims; the claims were procedurally barred, or the claims should have been raised during the Direct Appeal.

On 08/19/94, Ventura filed a 3.850 Appeal in the Florida Supreme Court.  The issues addressed included that the trial judge should not have dismissed his 3.850 Motion and mishandled other related motions.   The 3.850 Denial was reversed on 01/11/96 and remanded to the trial court with instructions to allow Ventura to file an Amended 3.850 Motion. 

Ventura filed an Amended 3.850 Motion on 08/19/96.  The motion was denied on 07/28/98.

Ventura filed a 3.850 Appeal in the Florida Supreme Court on 09/02/98.  The issues addressed included that a Brady errorad occurred, counsel was ineffective, new evidence was found, and that mitigating and aggravating factors were mishandled.   The 3.850 Denial was affirmed on 05/24/01. 

On 03/20/00, Ventura filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The petition was denied on 05/24/01. 

Ventura filed a Petition for Writ of Certiorari in the United States Supreme Court on 11/28/01.  The petition was denied on 05/28/02.

Ventura filed a Petition for Writ of Habeas Corpus in the United States District Court on 10/04/02.  The petition was denied on 07/30/04.

On 08/27/04, Ventura filed a Habeas Appeal to the United States Court of Appeals, 11^th Circuit.  The USCA affirmed the denial of Ventura’s Petition for Writ of Habeas Corpus on 08/12/05.

Floridacapitalcases.state.fl.us

Peter Ventura