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DC #093268
DOB: 10/09/58
Sixth Judicial Circuit, Pinellas
County, Case #83-630
Sentencing Judge: The Honorable
William L. Walker
Resentencing Judge: The
Honorable Mark B. McGarry, Jr.
Attorney, Trial: Donald O’Leary,
Esq.
Attorney, Resentencing: Donald
O’Leary, Esq.
Attorney, Direct Appeal: W.C.
McLain – Assistant Public Defender
Attorney, Direct Appeal,
Resentencing: Douglas S. Connor – Assistant Public Defender
Attorney, Collateral Appeals:
William McKinley Hennis, III – CCRC-S
Date of Offense: 06/18/82
Date of Sentence: 03/14/84
Date of Resentencing: 08/29/86
Circumstances of Offense:
Eight-year-old Chris Fridella
contacted police in the early morning hours of 06/18/82, notifying them
that his father and two of his father’s friends had been shot.
When
authorities arrived at the scene, they found Steven Fridella, Bobby
Martindale, and Gary Petersen dead, lying face down on the floor with
their hands bound behind them. The victim’s wallets had been rummaged
through, and the house had been scoured in an apparent search for
valuables.
Approximately six months later, Robin Fridella, Steven Fridella’s
ex-wife, furnished police with information that pointed to Jason Walton
(who she was romantically involved with at the time) and his
accomplices: Terry Van Royal, Richard Cooper and Jeff McCoy. During an
interview, Walton confessed to the robbery, but denied actually shooting
any of the victims.
Walton relayed the following information in his
statement: The four codefendants had planned the robbery for over a
week and, on the evening of 06/17/82, they went to the Fridella
residence. Walton, Royal, McCoy and Cooper rounded up the adults in the
house, tied their hands and laid them down on the living room floor.
Jeff McCoy then returned to the car while the other three men remained
in the house.
Eight-year-old Chris Fridella was also bound and ushered
into the bathroom, where he was left physically unharmed. Walton
searched the house for money and cocaine while Cooper and Royal guarded
the captives. Walton claimed he ordered everyone to leave after one of
the captives was able to identify him. Walton stated that he heard
gunshots as he left the house.
According to the testimony of codefendant Richard Cooper, Walton
pronounced that all three men must be shot after he was identified.
Walton commanded Cooper and Royal to open fire on the captive men when
his own gun misfired. Upon leaving the house, Walton told Cooper that
one of the men was still alive, at which time he ordered Cooper to
return and shoot Fridella again.
Trial Summary:
01/20/83 Defendant arrested.
01/27/83 The defendant entered a plea of “not guilty.”
04/06/83 Amended indictment filed:
Count
I: First-Degree Murder (Gary Petersen)
Count II: First-Degree
Murder (Bobby Martindale)
Count III:
First-Degree Murder (Steven Fridella)
04/14/83 The
defendant pled “not guilty” to the charges alleged in the amended
indictment.
02/09/84 The
jury found the defendant guilty on all counts charged on the indictment.
02/10/84 Upon
advisory sentencing, the jury, by a majority of 12 to 0, voted for the
death penalty for the murder of Steven Fridella. The jury recommended
the death penalty, by an 11 to 1 majority vote, for the murders of Bobby
Martindale and Gary Peterson.
03/14/84 The defendant was sentenced as followed:
Count
I: First-Degree Murder (Gary Petersen) - Death
Count II: First-Degree
Murder (Bobby Martindale) - Death
Count III:
First-Degree Murder (Steven Fridella) - Death
12/19/85 The
Florida Supreme Court affirmed Walton’s convictions, but remanded for
resentencing because Walton never had the opportunity to confront two of
his codefendants whose confessions were used against him during the
penalty phase.
08/14/86 At resentencing, the jury
recommended the death penalty, by a 9 to 3 majority vote, on all three
murder convictions.
08/29/86 The defendant
was resentenced as follows:
Count I: First-Degree
Murder (Gary Petersen) - Death
Count II: First-Degree
Murder (Bobby Martindale) - Death
Count III: First-Degree
Murder (Steven Fridella) - Death
Codefendant Information:
Jeffrey McCoy pled guilty to all
three counts of First-Degree Murder and agreed to testify at trial
against his codefendants in exchange for life imprisonment.
Terry Van Royal was convicted of
all three counts of First-Degree Murder and received three death
sentences for his part in the murders. The Florida Supreme Court
affirmed Van Royal’s convictions, but remanded for a new penalty phase,
in which he was resentenced to life imprisonment.
Richard Cooper was convicted of
three counts of First-Degree Murder and received three death sentences.
Case Information:
On
04/02/84, Jason Walton filed a Direct Appeal in the Florida Supreme
Court. In that appeal, he argued that he was denied the right to
confront witnesses against him during the penalty phase of his trial in
violation of Engle v. State.
Walton contended that his constitutional rights were violated because
the confessions of his codefendants were presented during the penalty
phase without them being available for cross-examination.
On 12/19/85,
the Florida Supreme Court affirmed the convictions and remanded Walton’s
case to the trial court for a new penalty phase hearing.
Walton was again sentenced to death on 08/29/86. He filed a Direct
Appeal in the Florida Supreme Court on 09/29/86. Walton argued that the
trial court erred in allowing a psychiatrist to testify regarding the
condition of Chris Fridella, the eight-year old son of one of the
victims, who was present during the murders. The Florida Supreme Court
agreed that it was error to admit the testimony; however, it was
harmless. Walton also contended that the State improperly admitted
evidence about his lack of remorse, which constituted a non-statutory
aggravating circumstance. Finally, Walton contended that the trial
court erred in permitting evidence of his alleged prior drug offenses,
none of which resulted in convictions. The Florida Supreme Court
affirmed Walton’s sentences on 06/29/89.
Next, Walton filed a Petition for Writ of Certiorari in the United
States Supreme Court, which was denied on 01/08/90.
Governor Bob Martinez signed a death warrant on Jason Walton on 09/24/90
and set the execution for 11/28/90. The Florida Supreme Court granted a
Stay of Execution on 10/24/90 and ordered that post-conviction motions
be filed by 12/15/90.
On
12/17/90, Walton filed a 3.850 Motion in the State Circuit Court, which
was denied on 02/26/91. He then filed a Petition for Writ of Habeas
Corpus and 3.850 Motion in the Florida Supreme Court on 10/03/90 and
06/11/91, respectively. The Habeas and the 3.850 Appeal were examined
together and, on 05/27/93, the Florida Supreme Court issued a
consolidated opinion that relinquished jurisdiction on Walton’s case to
the trial court in order to reconsider Walton’s public records request.
Following the disclosure of the requested public records, Walton filed a
third amended 3.850 Motion in the State Circuit Court on 11/06/98. A
limited evidentiary hearing was held on the new claims raised from the
disclosure of the public records. Walton’s third amended 3.850 Motion
was denied on 01/11/01. Following that denial, Walton’s original 3.850
Appeal and Petition for Writ of Habeas Corpus, supplemented with new
claims based on disclosure of public records, returned to the Florida
Supreme Court for consideration on 03/08/01. The Florida Supreme Court
affirmed the denial of Walton’s 3.850 Motion and denied the Petition for
Writ of Habeas Corpus on 02/27/03. Walton’s Motion for Rehearing was
denied in light of a revised opinion issued on 05/29/03. The mandate
was issued on 06/30/03.
Walton filed another Petition for Writ of Habeas Corpus in the Florida
Supreme Court on 06/25/03, which was denied as successive on 10/03/03.
Walton filed a Petition for Writ of Habeas Corpus in the United States
District Court, Southern District on 09/29/04. The petition is
currently pending.
Walton filed a 3.851 Motion in the Circuit Court on 02/10/06 that is
pending.
Floridacapitalcases.state.fl.us
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